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Maori Messenger : Te Karere Maori, Volume II, Issue 2, 29 February 1856, Page 1

According to promise, we give the Trial of Charles Marsden, for the murder of the native woman Kerara, at full, in the present number of the Maori Messenger. Every available means, it will thus be seen, have been employed to instruct the native mind relative to the humane, the anxious—and the equitable dispensation of British Laws. In our previous number, great pains were taken to acquaint the native reader with the primary and essential objects of a Coroner's Inquest. And no less care was manifested, by the Queen's Chief Justice in New Zealand, to explain the studious regard that is had lor the protection of the innocent and the punishment of the guilty. It is one of the wise and salutary principles of English law, that no man is held to be guilty of a crime, until lie lias been pronounced to be so by the verdict of a Jury of his fellows. Were it not for this prudent caution, innocent men against whom the strongest ap-

pearances ofguilthave frequently been shown, might rashly be sacrificed to an over excited public feeling and public clamour. The law interposes its authority, and casts its shield over the accused, whilst it, at the same time, strains every nerve to establish his innocence 1 or to demonstrate his guilt. To do this—we have first of all the Coroners Inquest. Next there is the inquiry of a Grand Jury—and lastly there is the trial before a Jury of twelve unprejudiced persons, after a sufficient lapse of time to permit of any undue public excitement to subside. Counsellors for the defence, subject the witnesses to the most close and searching examinations and cross-examinations. No ' I questions that can be imagined necessary for | lhe elucidation of the guilt or innocence of the prisoner are overlocked. And, when all these are disposed of, then the Judge passes the whole case in review, instructing 4be Jury on points ofrlaw, should any such arise, and placing the matter in its simplest and most accurate bearing before them. With these few preliminary remarks, we leave our native readers to the perusal of the minute and ample report of Marsden's Trial. In that, it will be seen, with what care the law proceeds—since, its sentence once pronounced, execution is sure to follow,—not in a temper of revenge, but with that inflexible spirit of Justice which demands an atonement for outrage inflicted against the peace and security of Society.