The New-Zealander.

New Zealander, Volume 5, Issue 361, 29 September 1849, Page 2

The New-Zealander.

He just anil four not: Let all the ends Hum ainih't at, be thy Country's, Thy God's, and fmtli's.

SATURDAY, SEPTEMBER 29, 18 49.

The ttial of Ratea, at the late sittings of the Supreme Couit at Wellington, seems to deserve more than the passing notice we gave it a few days ago, — if it were only for the striking and curious illustration which it affords of the " glorious uncertainty of the law." Ratea, otherwise Kai Karoro, an aboriginal native, was indicted for the murder of Parata Wanga, another native. After a trial of considerable length, the prisoner was acquitted* But, why ? The answer naturally to he anticipated would be, that he was able to establish liis innocence, or at least that the evidence for the prosecution was insufficient to establish his guilt. No such thing. The proof that Paranga Wanga was shot, that he died of the wounds so inflicted, and that Ratea had shot him, was clear and conclusive. No attempt was made to contradict the testimony of the witnesses who deposed to these facts ; and, indeed, they appear to have been matters of public notoriety. Ratea escaped, simply because he had fired two shots, one almost inswntaaieously after the other, at his victim, and the Attorney General could not satisfactorily show which of the two was the immediate and actual cause of death ! Mr. Ross, who conducted the prisoner's defence, " objected that the Attorney General could not give evidence of the two shots, as there was only one count in the indictment; he must therefore be confined to one shot, and the jury must be convinced that death was caused by that shot." The Judge having ruled accordingly, the Attorney General elected to go upon the first shot ; and Dr. FitzGerald was, of course, unable to determine the knotty point thus raised. Mr. Justice Chapman's charge, however, did practically determine the issue. His Honor told the jury that "if they were not satisfied that the deceased died of at least one wound produced by the first shot, they must acquit the prisoner. If they considered that the second shot only produced the mortal wound, or if they thought that death was the result of both shots together, they must acquit the pric soner." Under such direction, (and we do not presume to question its technically legal correctness,) — the jury bad obviously no alter- j native out to return, (as after a tew minutes consultation they did), a verdict of " Not Guilty." " But is this law 1 ?" aslcs the gravedigger in Hamlet; "Ay, many is't ; crowner's quest law," replies his sapient companion. But had the law not been so clearly laid down for the guidance of the jury, their verdict might have been classed with the two memorable findings of " good men and true " on the Northern Circuit in England ;— " Not Guilty, provided he leaves the town ;" — and " Not hit we advise him never to do it again." It is right to remark that there were peculiarities in Ratea's case which would have lendered it injudicious, if not unjust, to inrlictupon him the extreme penalty for murder. Parata Wanga had seduced his wife, and in killing him as utu, or satisfaction, for this crime, he only acted in accoidance with the native usage, —a circumstance which, though it could not justify, certainly palliated the deed. More-

over, the transaction had taken place six years ago, when the natives had little or no deference towards our laws, or acquaintance with them. These extenuating facts were properly referred to by the Judge in his opening address to the Grand Jury ; and they undoubtedly would have presented adequate reasons for the extension of clemency to the prisoner after his conviction ; but they as undoubtedly furnished no sufficient reason why that conviction should not be duly obtained. We look at the matter mainly in connection with the effect that the^whole transaction was likely to produce on the native mind. We are informed that the tiial excited very great interest among the natives, who attended the Court in considerable numbers, and who had presented a memorial to the Governor in favor of the prisoner on the grounds to which we have adverted. It is of the utmost importance that they should be brought as speedily as possible to know and reverence our laws ; but what lesson of any value could a thoughtful native learn from these proceedings ? Had Ratea been found guilty, and had his forfeited life then been spared, the effect might in every way have been salutary, impressing the natives first with respect for the administrative system of justice -which had delected the criminal and fixed upon him liability to all the penal consequences of his crime, — and, then, admiration of the constitutional prerogative of mercy inherent in the Ruling Power. As it was, they must have left the Court with minds sorely bewildered on the whole subject of British jurispiudence. Not improbably the most abiding and practical inference a shrewd native would draw would be, that if he should at any time himself have occasion to kill a man, it would be prudent to fire at him two or three times, even though he should be sure that the first discharge of his gun had accomplished the object. Nor would a native's respect for the law have been heightened by another trial which took place in the same Court, on the same day. As in the former instance, the case had peculiarities, but they were peculiarities which did not at all affect it in the point of view to which we are now directing attention. The charge was bigamy : it was not denied that the prisoner had married two women : then why was he acquitted 1 We give the answer to this question in the words of the New Zealand Spectator, — " In the case of bigamy, an acquittal was obtained for want of sufficient evidence having been produced of the first marriage. Although the first wife was in Court, by no means an indifferent spectator of the proceedings, no legal evidence was offered to show that she was still alive ; as far as the jury had the means of judging, she might have been a myth, or an imaginary personage." Or perhaps the answer may be better given in the language of the Judge : " with regard to the fact of the second marriage there could be no doubt ; but as to the first, it was for the jury to say, whether the admission was sufficient proof, and whether the first wife was still alive." As we have hinted, there was a peculiarity alleged in the case which, if proved, might render the first marriage voidable ; but, as His Honor observed, " nothing short of the judgment of a Court of competent jurisdiction could make a marriage void, so as to be a defence in a case like this — proof of a possibly voidable marriage would be insufficient." But, indeed, this point did not properly come before the jury at all. The acquittal resulted from a defect in the evidence, which need not, and therefore should not have been suffered to exist, and which does not, — any more than the imperfect preparation of the indictment in Ratea's case, — redound much to the credit of the learned Officer whose duty it is to superintend the Crown prosecutions in the South.

" The St. Patrick's Band." — A few young men who have lately associated themselves under this designation for the cultivation of music, held a private rehearsal on Thursday evening — if that may be called "private" which was attended by a number of persons nearly sufficient to fill the Hall of the Mechanics' Institute. It would be obviously unfair to try the performance by any high test of criticism ; but, considering how very short a time most of the performers had practised, (their band having been organized only|in August) they gave satisfactory proof of a proficiency which is creditable to the instruction they have received, and to their own diligence hitherto ; and which promises well for their future progiess. The object is one of considerable interest, both as regards the pleasure and advantage which they may themselves derive from 'a pursuit not only so innocent but so elevating, and the gratification which, by means of it, they may be able to affoidto the townspeople generally. We wish them perseverance and success ; and express our hope that — as there need not — there will not be, any discordant influence permitted to interrupt their harmony, or hinder the growth of their infant undertaking in the good opinion of all parties and classes.