TRIAL OF KEREOPA FOR THE MURDER OF THE REV. MR VOLKNER AT OPOTIKI.

New Zealand Mail, Issue 49, 30 December 1871, Page 2

TRIAL OF KEREOPA FOR THE MURDER OF THE REV. MR VOLKNER AT OPOTIKI.

(from our Special Reporter.) SUPREME COURT, NAPIER, DEO. 21. SPECIAL SITTING. (Before his Honor Mr Justice Johnston.) The order in Council appointed the sitting of the Court having been read the following gentlemen were elected the Grand Jury : Messrs W. Robert Robinson, W. Routledge ) W. Nelson, David Seton Melville, John Robjohns, Richard David Maney, Richard Hacketthord, Andrew Luff, Daniel Beamish, George Thomas Fannin, Andrew Graham, George Condie, W. Ellison, David Condie, John Chambers, James Rochfort, Robert Stewart, Kobert A. Brathwaile, Thomas Tanner, John James Torr, Creighton Strachan Wishart John Helliers Vautier, and John Gibson Kinross (foreman). His Honor, in addressing the Grand Jury, *jcthat the circumstances of the extraordinary case for the consideration of which hey had been called together were of so notorious a character as to require no special notice at his hands. They were all well aware that a few years ago a very great crime had been committed on the East Coast of the Island, and from the time of its commission to the then moment the Ministers of Justice had been inpursuit of those who were supposed to be the perpetrators of the crime, but it was only at a very recent period that one of the suspected parties had been apprehended and made liable to the ordinary tribunals of justice. His Excellency the Governor had considered it desirable that the case should be investigated as soon as possible, having regard both to the interests of justice and those of the prisoner also ; and in the selection of the time and place for the trial he had no doubt been thoroughly well advised. It was no business of his (his Honor's) to apologise for the time and place selected for carrying on the investigation j on the contrary, he had no doubt that both were well chosen. It might possibly be that some attempts had been made in various quarters to influence the minds of the public in reference to the particular case pending, but he was happy to say that he had had too long an experience of the people of that district to allow him to suppose that any undue influence could be exercised over them in that or in any other case, and he could not Buspect that anything of the sort would have any effect on the judgment of the Grand Jury, or of any other persons who might at a later stage have io deal with the case, whether in reference to the cause of justice or the interests of the person accused. The offence charged against the prisoner was murder, and it was wholly unnecessary for the Grand Jury in the discharge of their function to consider the particular circumstances, the adventitious circumstances, of this murder in respectto their atrocity, the discussion of which out of doors was sometimes apt to wrest men's minds from the special path of their duty. The Bimple duty of the Grand Jury was to enquire first if any murder had been committed, next whether the person mentioned in the indictment had been murdered, and next whether the prisonei was his murderer or in any way •was responsible for his murder, and nothing more. The Grand Jury had not to deal with the evidence further than to see whether, according to the maxims of law, there was a prima facie case against the accused such as would make it necessary that he should be put on his trial for the crime charged. The crime of murder was legally defined to be the killing by one person of another with malice aforethought, but he feared that these words had done a great deal of mischief in their time, because it was often difficult for persons to relieve their minds of the notion that as the crime of murder involved special malice, so where there was none expressed a true bill could not be found. But whether the malice was expressed or implied the crime was still murder. It would be sufficient for the Grand Jury to understand that in law the voluntarily killing by one man of another was murder unless there were circumstances which would make such killing excusable or justifiable or would reduce the offence to manslaughter. From the depositions taken in the present case he failed to see anything which would reduce the killing of Mr Yolkner to manslaughter, and if the offence charged against the prisoner was anything at all it was clearly murder. The duty the Grand Jury had to perform was a simple one, namely, to consider the whole case in its legal aspect and entirely apart from any political or sentimental view and to see the law vindicated The exact part that Kereopa took on the occasion of Mr Yolkner's death it was not easy to ascertain exactly, but it was clear from the depositions that he was at least an accessory before the fact of the killing ; that he was one of the ringleaders and issued his orders that the act should be done and how it should be done. It was possible that the prisoner might be a principal in the first or second degree or an accessory before the fact, and he might be all three, but this would make no difference in his guilt, as accessories in murder were all equally liable to be punished as principals ; and, moreover, there was such a thing as constructive presence in the commission of a crime as where a man kept watch outside-a house while, a robbery was being done inside it, the law considered him as being present at and taking part in that

robbery, and there could be no doubt that if Kereopa was not actually engaged in the crime he was near enough' to the scene to make him an accessory before the fact. _ Into the particular circumstances of the case it wa9 not necessary for them to enquire, for though the crime charged was a capital one and some of the surrounding circumstances were of a verv peculiar character and had called special attention to it, yet so far as the mere question of murder or no murder was concerned they would, he thought, have no difficulty at all. There could be no doubt whatever that Mr Volkner lost his life out of the course of law and of nature, and though other persons were present at and taking part in his killing, yet it would be clear to them to show that Kereopa was the master spirit of the whole When Mr Volkner was brought out for execution Kereopa came up and took his watch away from him, and followed him very closely for some distance. As to the brutal treatment exhibited by the prisoner to Mr Volkner, that had nothing to do with the crime charged, but was merely evidence of his state of mind; and whatever might have been his motives for his crime, there was abundant proof of brutalism both in fact and in law, and no matter what or how great injuries a man might have received, either from Government or from private individuals, if he took the remedy into his own hands it would be absurd to say that he was not actuated by malice, and, as he had said before, with reference to the political or sentimental view of the case they had nothing to do. Before closing these few remarks he thought it his duty to make some observations as to the constitution of the Grand Jury in New Zealand, especially as he had seen some endeavor in the Legislature during the last session of parliament to alter it. There could be no doubt that it required modification, and that, as at present constituted, its operation was very inconvenient in some cases ; but, notwithstanding this, it would be a very uufortunate thing in his opinion if the tribunal was got rid of altogether as some seemed to desire, because, besides an interest to the various classes of society in the practical administration of justice, it afforded them an opportunity of correcting any erroneous view they might have on matters of law, and he was surprised that those who took upon themselves to treat the. subject had not more often alluded to one fact—namely, the power given to each member of the community to prefer to the Grand Jury in certain cases charges against any persons, and though in the mother country it was rare for bills to be presented to the Grand Jury without a previous examination before the magistrates, yeb he considered the existence of the right so to present had been one great thing in preventing the maladministration of justice: and in New Zealand where many magistrates had not the same opportunity as gentlemen at home possessed of preparing themselves for office both theoretically and practically, it was highly desirable that the institution should be retained. As to the particular r/ase before them then, it was not necessary that they should examine all the Crown witnesses, but sirnply so many as would enable them to be satisfied that there was a prima facie case against the prisoner. The Grand Jury then retired, and after half-an-hour returned into Court with a true bill against Kereopa for the murder of Carl Sylvius Volkner. BEGINA V KEREOPA. Kereopa was theu arraigned on a charge of having, on the 2nd March, 1865, at Opoliki, in New Zealand, feloniously, wilfully, and of his malice aforethought, killed and murdered one Carl Sylvius Volkner, The Attorney-General (with him Mr Wilson) appeared for the Crown, and Mr G. E. Lee for the prisoner, who in a calm steady tone pleaded not guilty. Mr M. H. Hamlin was sworn as intrepreter on behalf of the Crown, and Mr J. Hamlin (on the application of Mr Lee) as interpreter for the prisoner. The following special jury was then sworn : —Messrs John James Torr, Harvey Sladen, John Robjohns, David Dalharry, Nathaniel Leverson Beamish, Robert Ashby Ward Braithwaite, William Ellison, Thomas Crisp, Frederick Sutton, John Wilkinson, James Morris Wood, and Robert Stewart (foreman). The Attorney-General said that the prisoner at the bar stood charged with the murder of Carl Sylvius Volkner, on the 2nd day of March, 1865. Although the jury were aware that in the years 1864 5 there had been exhibited great fanaticism among the natives of the Hauhau persuasion he did not think it would be necessary to go into that matter, but that it would be sufficient to give the facts of the particular case before them, and as shortly as possible tell them the various circumstances which had preceded the murder, tending to fix on the prisoner that responsibility which the Crown thought he should bear; and on this he should ask them to say that however guilty other persons may have been in the matter Kereopa was certainly the most guilty of all. It would appear that in 1865, at Opotiki, there were several Europeans residing, and amongst them was Mr Carl Sylvius Volkner, a missionary, and a few others, including Mr Maurice Levy, whom he should call before them. Mr Volkner had resided in that place for ten or twelve years. About February or March, 1865, the prisoner, with a large party, came from Taupo to Opotiki, and was the leader of that party. On his arrival at Wauhatani he declared his intention of killing any minister of religion he might find in Opotiki, He then marched on to Opotiki, and on his arrival he requested one of the chief men there, Mokomoko, to kill Mr Volkner. It seemed that Mokomoko consented. At this time, however, Mr Volkner was abseil?; at Auckland, and was about to return in Captain Levy's vessel, the Eclipse. On the 2nd March, 1865, he did so return* and on the arrival of the vessel in the

river, at Levy's wharf, the natives came down, took possession of him, and refused to let the ministers (Mr Volkner and the Rev Mr Grace, who accompanied him) land. The evidence of the Maori witnesses would show that the seizure of the ehip and detention of those on board were by order of Kereopa. About midday Messrs Grace and Volkner were taken out of the vessel and put into a whare for safe custody, and a guard was placed over them by Kereopa's direction. ! Captain Levy then went to see Mr Volkner, and this was material only because Mr Volkner asked him to take charge of his watch chain and money, which were afterwards found in possession of prisoner. He mentioned this merely to show that Kereopa was the leading man in the whole affair. Messrs Volkner and Grace, together with several sailors, were kept in custody during the day. Next morning it would appear that Kereopa marched a body of men to the whare, and Mr Volkner was taken down to Captain Levy's store. On the night before the Eclipse arrived there had been a native meeting, and the natives were very much excited by Kereopa and others. Kereopa said Mr Volkner must be killed. On the following moruing Mr Volkner was marched down to Levy's store. Heaving that he was about to be killed he asked permission to pray, and immediately after his prayers were ended he was led away to a willow tree in the Panapa Enclosure. "The prisoner followed at a short distance, and continued issuing his orders, thus evidencing his leadership. While at Levy's store a, native went from the party to the vessel, and brought back with him a block and some ropes, and proceeded with them to the tree. Kereopa then pointed out the particular way in which the rope and block should be fixed in the tree, and then Mr Volkner was hanged. It would not be necessary to show that Kereopa actually put the rope round Mr Volkner's neck or pulled it. It would be shown that before the death of Mr Volkner Kereopa was in possession of that gentleman's property, and even while he was hanging Kereopa pulled off his body several articles of clothing. All this he (the Attorney-General) should be prepared to show by direct evidence, and more, also, to the same effect, especially as to the barbarity evinced towards Mr Volkner's body, as showing the muderous intention of the prisoner. After hanging for a quarter of an hour, the body was cut down, and taken to the English Church close by, and Kereopa pointed out to two natives how they were to cut off the head. These natives then cut off the head, and handed it to Kereopa, who inside the Church. Kereopa then thrust his* fingers into the eyes, and swallowed them, and drank a portion of the blood flowing from the neck. When all this was over Capt. Levy spoke to Kereopa about burying the body, and after some little delay he was allowed to do so. Kereopa produced Mr Volkner's watch, and dressed himself in some of that gentleman's clothing, and throughout the whole transaction assumed to himself the position of leader of the party. The evidence he intended to adduce was so strong that he thought it quite unnecessary to point out to the jury that the Crown need not show that Kereopa's hand actually produced Mr Volkner's death. It was quite enough to show, as would be shown, that he was actively aiding in the murder and directing how it should be done, and must be held responsible for their acts, which he instigated and directed. Some of the witnesses would not be able to prove the actual hanging, but they would be able to prove that; Kereopa started with the party to the tree, and went up to the tree, while Capt. Levy and others would unmistakeably prove that Kereopa was on the spot, and took an active part in the perpetration of the crime with which he was charged. Maurice Leyy deposed: I live in Nelson, and am a trader. I remember March, 1865. On the first of the month, I was in one of my own vessels at Opotiki. My store was close to the river there. There was a wharf there, to which vessels could come up. I know the English Church there. It was about 100 yards from my store. The intervening land is quite clear and level. I knew the deceased, Carl Sylius Volkner. He was Lutheran minister, and afterwards a minister of the Church of England. Ho was about the average size, and had northern light yellowish hair. I left Auckland on 27th February m mv vessel, the Elipse, and arrived at Opotiki on the Ist March, with the Revs. Volkner and Grace, and my crew, at about eight o'clock in the morning. After making my vessel fast a number of natives came onboard. They remained on board for some time, and then one of them Avent to fetch Kereopa, _ Kereopa came down and I went went with him to the whare (Panapa) and spoke to him, I know enough Maori to make myself understood. There were some Maoris with me at the time. Kereopa said he would kill every minister and soldier he could find. At the time of so speaking he had with him the head of what I believe was a drummer of the sSth Regiment, which was then in the colony. The cap was a military one, and had on it the figures 58. I told Kereopa I would give him my store and ship and everything I possessed if he would allow me to go away with the ministers again. I offered him £IOOO besides. I had seen him before. He refused my offer, and said he would kill Volkner and crucify Grace at Taranaki. I then went back to the vessel, where there were a lot of Maoris and Messrs Volkner and Grace. Mr Volkner was in my cabin, and could walk about, but not go on shore. Some natives then came and said they would take the goods for the minister'slives. They were Opotiki and not Taranaki natives. I gave up the goods to them, and they apportioned them off amongst themselves. Then they took away Messrs Volkner and Grace. Mr Volkner was dressed all in black, with a white necktie. They took him to a whare 300 yards from my place in the village. I went to the whare about six o'clock. Volkner

and Grace were taken away between three and four o'clock. The natives were mostly halfcaste, belonging to Opotiki. I went into the woare,and MrVolkner gave me and my brother, who was with me, his watch and chain and between £lO and £l2 to take care of for him. There were three or four other whites with them in the whare. Everybody was mad then ; women lying about quite naked, and they and the men shouting and screaming, and the bells ringing all night, and Kereopa and the others walking round their Pai Mariri pa, which was stuck up in front of the church. There were some 300 or 400 of them carrying a flag with something on it, not exactly a skull and marrowbones, but some insignia of their own. This performance was part of the Hauhau religion. Kereopa was preaching in the pulpit that evening. I looked in, but did not go in. Kereopa was taking the leading nart in everything. Patara, his brother chief, was not there that day, nor the next. I heard Kereopa talk of killing every missionary he could lay hands on. The whole lot of them were praying for that. One great part of the prayer was, " O ma pata, o ma gloria Pai Marire." Kereopa told me and my brother that as we were Jews we should be safe. Had we not known that we were safe we should not have gone to him. About 10 o'clock Kereopa told me he would kill Yolkner. The natives were going on with all sorts of things that night. They were very much excited. I was in the mid so of it all, and did not go to bed all night. Next morning about 7 o'clock I and my brother were sent for to go and see Mr Volkner. My brother entered the whare, and found Mr Volkner there surrounded by armed natives. I saw him, and saw that he was not confined. He had his clothes on, and seemed comfortable, and in consequence of what he said to us we took his watch, chain, and money, which we had buried the night before, and restored them to him. The Maoris were collecting in all directions with arms, and went towards where Volkner and Grace were. This was about 9 or 10 o'clock. Next I saw them leading Mr Volkner along towards my house, and Kereopa was about five yards behind. They stopped about thirty or forty yards from my house, and abreast of it. A Maori came and asked us for Mr Volkner's bible aud prayer book, and we gave them to him for Mr Volkner. Mr Volkner opened the book, and went down on his knees and clasped his hands and prayed for about a quarter of an hour. A native then went to my vessel, unrove the forethwart halyards and took away a rope, a block, and a strap. Tho rope was about a three-inch manilla one. They took the lot to the willow tree, which was 300 or 400 yards from my house. I followed fifty or sixty yards alongside, to see what they were going to do. Kereopa was there in the circle of natives surrounding the tree, directing them how to place the rope, and pointed out a branch, and the rope and block were put over it. The natives were sitting down. I turned away, and the next thing I saw was Mr Volkner hanging on the tree. The rope and block were put on by two Maoris in the tree. Kereopa was ten or fifteen yards from the tree. Three or four minutes elapsed between my turning away and seeing Mr Volkner hanging on the tree. The natives were pulling the body up and down by means of the block and rope. The body had only the trousers on. I know the body was that of Mr Volkner. The natives lowered the body down sometime afterwards, and pulled the trousers off. Kereopa was hauling at the trousers. He was very conspicuous, as he had white feathers on his head. I then ran away and found my brother and got to the ford, and found some armed men there, who said it was taboo. We were ordered back again, and I left my brother to see what was going on. I went up to the tree, and found that everybody had left, and that the body was gone. I then went to the church and saw a great crowd there. There was a l'ailed enclosure about 18fb x 12ft. I saw Mr Volkner's body inside it; it had nothing on it but the drawers. Kereopa was inside the enclosure and was showing the men how to cut the flesh so ns to get the head off. He had a knife in his hand. They were chopping away at the neck with a tomahawk. I afterwards saw the head in the church when the prisoner was present. It was stuck in front of the pnlpit in which Kereopa was. Some four or five days afterwards he took a watch and chain out of his pocket and said they Mr Volkner's. He showed me the head again, about four miles out in the country. I saw it the day after the murder, cooking in a copper Maori. There were no eyes in it. There were two old men sitting down smoothing the cheeks. By cooking I mean steaming. I afterwards found the body of Mr Volkner in the water-closet of the church, neck downwards. I went to the Maoris and bought the body with some sheets and blankets, and buried it tho day after the murder. The Maoris gave back half the goods they had taken from me. Mr Grace was still a prisoner. My brother was a hostage for him'so that he should not run away. I perfectly recognised Mr Volkner's body. Cross-examined by Mr Lee : I never saw the prisoner before I went to Opotiki. I saw him several times whilst at Opotiki, namely, the first day, the day of the murder, and four or five times afterwards. I have never seen him since till now. I know Patara, and had more communication with him than with prisoner. Patara is a big, bony man. I cannot give the name 3 of those who took my goods. I have been dealing two years with the Maoris. I lived at Opotiki only occasionally, about a fortnight out of each month. There were about 400 natives living at Opotiki, within a radius of five miles. The natives at the time of the murder charged Mr Volkner with having taken some letters to Sir George Grey. There had been some disturbance between the natives and the Government some time before this at Tauranga in connection with the King movement. Just before the murder the natives were more excited thaa usual, The

enclosure round the tree was manuka (?) about 4ffc high. The tree was in a small paddock. There were all the Opotiki natives in the enclosure. The Hauhau religion wus first promulgated, three days before the murder, when Kereopa came. I have not seen much of it since, as I have kept away from the Maoris as much as possible. I escaped in a small dingy 14ft long, with Mr Grace. I had seen a wan-of-war outside, and I left my brother on board her to come back for Mr Grace. During the praying Kereopa talked to his God, and called his God to witness to everything he had done. I understood him to mean that it was at the Divine instigation he had done all he had done. I believe there were sixty strange natives with Kereopa. I saw him with two human heads besides Mr Volkner's. One was that of the drummer boy, and the other of Captain Lloyd. I never saw the heads used in any particular way, though I believe they were used to excite the passions of the natives. I have no doubt as to the prisoner being Kereopa, though he is somewhat changed. He wore feathers at the time, had short hair, and was stouter and rounder in the face.

Wiremu Paid deposed : I live at Opotiki, and I. knew Mr Volkner, who was minister there. I remember when he died. I know the prisoner and remember when he came to Opotiki, and ten others from Taranaki. Volkner was not then at Opotiki. Kereopa came before Yolkner. Kereopa was at Opotiki three days before the vessel arrived. Kereopa had something to say about Volkner before he arrived, and the first thing he spoke of was the laying off boundaries of the land, and said that no Europeans were to come within them, and that if they did they should be killed. He said if Volkner came he should be killed, Volkner had a house and goods there, and they were the first things touched. Kereopa and Patara were the leading men, and they robbed Volkner's house three days before Volkner came. Patara left Opotiki before the vessel with Volkner arrived, and when he returned Volkner was killed. On the arrival of the vessel Volkner and Grace and the Jews were made prisoners. Kereopa was inland when the vessel arrived. He came to Opotiki the day after. The natives seized the people on board the vessel and took out the goods. Kereopa told the Taranaki natives that if Volkner arrived they were to take him and kill him. Volkner was taken from the vessel ■with Grace and the others and put into rny whare. On the day Volkner was brought from my whare there was a meeting at the church. Kereopa came back the same day that Volkner died. I saw him come back. Some of the natives were told off to take charge of the pi'isoners in my house, and others were made soldiers for Kereopa.The night before Volkner was killed the people were behaving like mad people. When Kereopa arrived at Zion (the church) he gave orders to bring Volkner from my whare up to the church. He then ordered him to be hung. That was all I saw, for I went away to my own place, but I saw him, led away to be hung. He was led towards the willow tree. Shoitly afterwards I returned to the church and saw Volkner's body lying outside, and his head was off. I saw the head was cut off. Kereopa was standing by the window of the church, close to the body, and he told the people to cut the head off and to give it to him. Kereopa had feathers in his head ; his hair was tied up, and he had a kilt on. He was the only one dressed like that. He wore this dress to distinguish himself from the others, and to show that he was the leading man. Cross-examined by Mr Lee : The boundaries were laid out, beyond which vessels and Europeans were not to go- Kereopa warned the people that if any ministers or other Europeans came beyond them they were to be killed. Kereopa said, "If Volkner lands here kill him." I never belonged to the Hauhau religion. Kereopa knows what it is ; I don't. It is his religion which he brought from Taranaki. There was no Hauhauism in Opotiki before that —Hauhauism made the natives mad. I never joined in the Hauhau Karakia. I went with others to Kohi pah lest we should be killed for Volkner's murder. I could not refuse the use of my whare for a prisoner, because Kereopa said if I did so his God would destroy me. Kereopa talked much of what his God would do, and said if the people disobeyed the God would kill them and they would be burned in the lire. Kereopa ordered Heremita and others to take Volkner away and to hang him. Kereopa carried Volkner's head with him day and night. Volkner was killed in order that his head might be taken to Taranaki and another brought back in its place. Hautakure deposed : I remember Kereopa coming to Opotiki in March, but I don't remember the year. He laid off the boundaries of the land there, and said that if any ministers came across them they were to be killed. When Volkner came to Opotiki he was put intp prison by order of Kereopa. Kereopa was there when the vessel (Levy's) arrived, and he said "Listen; Mr Volkner must die this day." I was in the doorway of the church next day when he said, "Listen, my proposition was not agreed to yesterday ; now listen ; Mr Volkner shall die." He then went with some people to fetch Volkner, who was brought to the church. Kereopa said, "Come some people, take Mr Volkner and kill him." Kereopa and the others took him away to the willow tree. I did not see him killed, but I saw his body brought back dead. 1 saw his head handed into the church, and Ktreopa standing by the window. Kereopa ordtred somebody to cut off the head and bandit to him. Kereopa took the head and picked out the eyes with a knife, and said, " Listen ; this is the Parliament of England, and I will eat it." He ate the eyes one after the other, and then took up a vessel and drank from it. Cross-examined by Mr Lee: Kereopa was at Opotiki when the vessel arrived with

Volkner. He was at the landing place. I was there, but did not see anything. I joined the Hauhau religion. I don't know the meaning of Kereopa's words about Parliament. He said he offered Volkner's eyes to his God. Hori Wetere Te Motutere deposed : I was at Opotiki when Volkner was killed. I saw him taken out of the whare, and his coat and waistcoat, watch and chain taken from him. I saw him led to the willow tree, and then saw his body hanging from it, with only the boots, trousers, and shirt on. Kereopa took the eyes and ate them, saying, " These are the eyes which have witnessed the destruction of our land ; he has eaten me and I will eat him ; he has crucified me, and I, therefore, will crucify him." He then swallowed one eye and afterwards the other. He then swallowed something out of a vessel, but whether blood or not I cannot say. Cross-examined by Mr Lee : Kereopa said, " Men, women, and children are to eat of this sacrifice." I first met Kereopa at Taupo. He spoke of his God, and said each man's mouth was his God. He also said the head also was a God. He told me that the God was inside Volkner's head. I believed in all this at the time, and all the people there believed in it as well. They were mad, quite mad. They danced round the tree, and called on the God which Te Da, the prophet and father, had sent them. I say they weie mad because they talked gibberish; Cross-examined by the Attorney-General: We were all told to do the same, and we did it. I was as bad as the rest. I did it without knowing whether it was right or wrong. The conduct and talk of Kereopa was the cause.

Wi Tito deposed: I knew Kereopa in 1865 at Te Teka. He urged the people to become Hauhaus. He went to Whakatane (?) and asked the natives there to give him up a Boman Catholic priest, but they refused. Kereopa then went to Opotiki, and asked the chiefs there to let him have Mr Volkner to kill him. Mokomoko agreed to do so. I saw the people assembled at the church at Opotiki, and saw Voikner's head after it was cut off. Kereopa took out the eyes and swallowed them, land drank the blood out of a pannikin. I saw the blood trickling down his chin. Cross-examined by Mr Lee : When the vessel came mto Opotiki I did not see Kereopa. This is the first time I have seen Kereopa since Volkner's death. The church at Opotiki would hold about 200 persons. It is much larger than this Court, and it was full at the time. This closed the case for the Crown. Pihana Te Whai (a Crown witness, examined by Mr Lee) deposed : I remember Kereopa coming to Opotiki at the time that Volkner came. He came to bring the Hauhau religion there. I know Kereopa was at Opotiki when the vessel arrived. He was a short distance inland from the landing place. I saw some Taranaki natives taking things out of the vessel. I was standing by at the time. Mr Lee then proceeded to address the jury for the defence, and said that the present case, of which they had heard so much for so many yaars and which . throughout all that time had been connected with the prisoner at the bar was at length brought forward on the testimony of one white man and that of a number of natives. At last the prisoner Kereopa had fallen into the hands of the Crown, which brought forward evidence on which it was sought to convict the prisoner of the crime of murder. Of course in speaking on behalf of the prisoner he must not be understood as urging any pretence by way of justification of the terrible acts committed on the day referred to in the indictment, and it was beyond all question that if the prisoner did aid, abet, and counsel the crime, and urged and forced others to its commission, he was guilty of murder, unless, indeed, the jury were of opinion that there were some circumstances which prevented him from knowing what he was doing. His Honor was sorry to interrupt the learned counsel, but he must point out to him that unless he Avas prepared to show that the prisoner was insane his line of defence was vain. No evidence of insanity had been elicited in cross-examination, and the learned counsel had called no witness on the point. It was no use fighting with shadows. If the learned counsel thought he could convince the jury that the prisoner did not know what he was doing, was, in fact, beyond the reach of reason, did not know right from wrong, he would not stop him, but unless he was prepared to do this his line of defence was useless. Mr Lee resumed : The evidence of Captain Levy was that of a man who had seen the prisoneronly ontheoccasionwhen Mr Volkner met hi 3 death at Opotiki, and never since until that day in Court, and therefore might be mistaken in him; still he must admit, without reference to the testimony of this witness, there could be no doubt that the prisoner was present on the occasion in question. But still the question remained. Did the prisoner instigate the murder, as the jury were asked to believe? Did the prisoner really make use of the words imputed to him, namely, "You must kill Mr Volkner ?" It was in evidence that Kereopa came from Taranaki to Opotiki, accompanied by only a few followers, and after three days they found this extraordinary madness running through the whole population, consequent on the prisoner's presence. Kereopa came to Opotiki as a preacher, and a bearer of some mysterious message. He talked of some strange and peculiar God, and held himself out as conveying some word from him. This message he delivered, and at once all the natives in the place seemed to have believed him. They joined in the strange religious ceremony and worship. They set up Mr Volkner's head, and danced round it, accompanying their acts with strange words, and mumbling sounds. Now it had been clearly

shown that Kereopa believed all he professed. That he believed the head spoke to him, and that in some mysterious manner this new God did communicate with him. This head then, in the prisoner's belief, did really speak to him; was in fact his God, or something like it, and he considered himself a prophet. All the witnesses called by the Crown had sworn distinctly that Kereopa was present at the fatal scene, and he (Mr Lee) had been unable to controvert this testimony. But the jury should observe that the scene was one of great tumult and fierce excitement, and that there were many others present equally guilty, if guilty he was, with himself. There were these 300 or 400 wild natives rushing about, and shouting and dancing. Before this Kereopa was represented as giving his orders that the ministers should be forthwith killed, but, strangely enough, MiGrace was not killed, but only Mr Volkner. This strange madness had spread in the short space of three days, or even less, and the whole of these 300 or 400 natives shared it and supported Koreopa in all he did. They were, in fact, as one of the witnesses had said, all mad together. And what was the result ? A meeting took place i:i the church, and a horrible crime was perpetrated. But the jury must remember the words used by the prisoner. He talked all through of a " sacrifice ; " the old cannibal ideas and instincts returned, and be gave to these horrible acts the sanction of religion. The prisoner spoke all through of a " sacrifice," of which all present, men, women, and. children, must partake. The whole transaction showed the mad, the frantic state of the whole people assembled, and of the prisoner no less. But one witness had sworn to these words having been used by the prisoner when pointing to Mr Volkner's eyes, '' These eyes have witnessed the destruction of our land ; he has eaten me, and I will eat him; he has crucified me, and I will crucify him." Now, those words could not refer to himself, for he (Kereopa) was a total stranger in Opotiki, who had only lately arrived from Taranaki. What, then, could they mean ? It would be difficult to say. There must have been some strange influence at work, or else no man could have gained in the space of three days the extraordinary influence he exercised over a whole tribe who were almost unknown to him. Indeed, the Hauhau influence was of a most frightful character. The jury also should observe the description given by Kereopa of what would happen to those who refused to join. Boundaries had been laid off, as had been proved, and Kereopa had told all those that if they were not kept his God would destroy all who infringed them. The simple fact was that the prisoner was out of his senses, and knew not what he was doing, and if he thought at all he thought that so far from doing any harm he was doing his God service. He (Mr Lee) must again call attention to the words used by the prisoner " These eyes have looked, &c." It was clear that Kereopa could not have spoken them a 3 of himself, but was under some mad delusion that he was personifying bis idol, and that so he was acting rightly in what he did. He was, in fact, entirely overcome by this strange and horrible infatuation, and it was impossible to believe that he really understood the moral value of the acts he perpetrated.

Kereopa then, by leave of the Court, and, as we are informed, against the advice of his counsel, said : In December in some year past I went to Taranaki. As I was going through the King was returning from there. He had got a pole of the Hauhau religion for causing fighting or for not causing fighting. I passed him on the way, and he went away by the sea coast. On my arrival at Taranaki I got fifteen people to go with me, namely, Patara and several others. On starting the prophet said to me " Take this head with you; if there is any European stop 3 you on the road go by another way, and don't go by Timuri or Urewera; when you get to Poverty Bay leave it there ; it is to do away with the religion of the ministers ; I will give you two live Europeans ; do not let the Hauhaus kill any Europeans who come over to them; if they do they will do wrong." The Taranaki people were to carry on the Hauhau religion. I was only to lead them on from place to place. I then came to Taupo, and there we heard that the Hauhau religion of Taupaia's poll had been taken possession of by the Arawas. Patara said "If we had found Mr Grace here he should have died ; as it is, we will take his goods." I was very grieved because the prophet had told us not to kill or eat anybody. Next day we left for lauranga, and there we met Tirieweti. All the Taupo men were Hauhaus. From there we started, and slept at Eahamaiha. Next day we reached Omataki; and next day Merga, and had no food. On the fourth day we slept at Tahuaroa. We found friendly natives there; some of them gave us food and flour. I asked them when they were going to return, and they said the next day, and I said the ministers would be killed. I then addressed a letter to the Arawas, and to Clark and Smith, saying that I was coming to carry the Hauhau religion to this place ; that it was a bad religion, and one of murderous principles. Next morning on our arrival at Aharua word was sent that I was there. The Hauhaus came to fetch me to Wairoa, but Patara and Hewateri urged me to go to the coast. After a day and a half's urging I agreed to go. I gave them one of the European heads, and said " I shall return on my road as you have introduced the Hauhau religion there." We went on towards the coast with the head of an European and one live European. Next day we slept on the road, and on the third day from that we reached Tatako. The people assembled there, and all of them, men, women and children, went through the Hauhau ceremony, as they had now got the God who would give them strength to fight against the Arawa. We were there two days, and Patara said that if any minister had been there or any other

European they should have been killed. I told my magistrate I was very grieved at this. There were four of these people picked out as leaders of the Hauhau religion. Next day all the people went to Toahani, and when they reached there they joined in the Hauhau ceremony. It is quite true I carried the head, but I had nothing to do with the religion. Next day we got to Kopiapia. The people all assembled there. There were three tribes there who had joined the Hauhau religion. On the second day the Boman Catholic priest was there. The people were going through the ceremony, and he came and spoke to the Taranaki people, but I did not see him. Patara got angry, and wanted to have him killed. Then I saw there were five men chosen, and they were pointing to the sea and to the bush, and he was to be killed in one jflace or the other. The European then said he was going to be killed, and I said to him, " Come home ;" and I said to Patara, " Your work is wrong ; do not attempt to kill him ; now have done with your murderous work." Parata said to him, "You can go now." The chiefs did not interfere with him, as they were all mad with the ceremony. Next day we reached Owira, and the people there joined the Hauhaus, making the seventh tribe which had joined the religion which I had brought. There were about3oo people there, including men, women, and children. Next day we slept on the beach, and then went on to Pakohai. As we were nearing the place we met three parties, and we had a dance and made friends. The people there welcomed us, and told us to bring the new God. I said I was going to do so. I said, "Be careful what you do with it; we don't know whether it is a God for ourselves or not; it may be a bad one or a good one ; don't attempt to murder anybody." Taranaki then gave them the head, in return for which they gave him greenstone and shark's teeth, and a mat. Next day was the day on which Taranaki and another robbed Volkner's house. The other man said to Patara, "It is not your fault; if Europeans and ministers or others come here they shall be killed." Next day the natives took an oath that if Volkner came he should be killed, and Patara agreed to it. I said, " There you have done wrong; it was never agreed to come this way, and to kill anyone; now this will be wrong." Patara and some others went away to teach the Hauhau religion. On the fourth day I started off inland to Opotiki, and thirty people accompanied me. About the seventh day after, Volkner came with the Jews on board the vessel. After they had been there a day a messenger arrived, saying that Volkner and Grace and the Jews were come. Then the goods were taken away from the ship, and the sails were taken down, and the people were made prisoners in the whare. I thought that both the ministers would be killed, but not the Jews, The men returned, but I did not go with them. On the fifth day I went with twenty men to Pakohai. My magistrate desired me to go out and see if these ministers were to be killed, and to try to save one of them. On my arrival I found that they had assembled, and were going to kill them, but not the Jews. This was all I saw of the people that went with me, as they had gone to rob the vessel. I then found tho Ohatohas were assembled, and I asked them what they were going to do. They said they were going to kill the European. He said, " Take me to Zion" (the church). This they agreed to do. Then they assembled in the church, and they were thicker there than the people sitting here. The place is much larger than this court. I had no power to save the Europeans, and I was afraid they were going to be killed. When the men were in the house I asked the reason for killing Volkner and Grace. Temotehi spoke through the window, and said, "It is decided on the death of Volkner; it is not your doing." Another chief at the end of the building said, " It is not your doing that Volkner is to die, for they have decided on it themselves ; it is not your fault; it has been decided that the two missionaries shall die." Another chief got up and said to me, " This is not your doing ; this is my own work; these Europeans must all be killed." Another chief got up and said, "It is not your doing nor Taranaki's ; it has been decided that Europeans shall not come here. They did not think of our blood that has been spilt. I said, " Listen. Take Volkner and give me the other one." The witnesses against me to-day are all Hauhaus. They agreed to what I said, and they said, " You have asked for one, and you shall have one ; but Volkner belongs to this place, and he shall die." Tahpou said to me, " You are for saving ministers, but the Bishop has eaten you ; your women and children have been burnt up." I said that was different, for there was fighting going on then, but none now. At last I agreed, and said, " I will eat Mr Volkner. I will hang him." I said, " Listen. I will explain the ceremonies to be performed. Tikimonutain Pikinu Eohoreva (these words have, it is believed, no meaning.) If we murder Europeans we shall have to climb the high hills. At some future time you will turn round and blame us, and say that we ate and destroyed them." To this Taiki replied, " Volkner must die, but your man and the Jews will be spared." Of all the witnesses against me to-day, Pihana Te Whai is the only one of whom I know no harm. The others are all Hauhaus, and have been fighting against Government. They went out to dance round the pole, while I remained in the bouse. A man then came in with Volkner's watch, and waistcoat. They then went and hanged Volkner, and I remained in the Church. I did not see the vessel come in, nor the Europeans made prisoners, nor Volkner hanged.' I did not see his head cut off. After Volkner was hanged the men assembled in the church,, and I was at the end of the building. Taranaki was sitting at the side. I then repeated the words, saying, " You people have told m& that I have been killed, and my women and children burnt, and I agree." Tho head was

then put in at the window.' ' I turned round to the head and said,-" This is the head of Yolkner which has been brought for me to eat; I will do so. Now listen." The head was'wrapped up in calico. The Maori custom is that when a head is cut off the people dbriot part with it. I repeated the words I have ; said, and also said; " This is the head of Volkner, and it will be a stumbling block between us, as you people will blame us for doing' this deed." I had no knife in my hands. My clothes were two shawls tied round my waist and; a blanket on my shoulders." I had no feathers in my head, but I had a cap on. Volknev's head was lying before me. I only went through the motion of picking'his eyes out. I did not swallow them, though I said I had done so. I put .the head down and it was taken away. The man who took it away was Taiki. After that I returned, to my own place. I did not see Levy at Volkner's death. I did see a European, • but he is not the same man. That is-all; - His Honor then proceeded to sum up, and said that he was sure he need not say a single word to enlist the' careful consideration of the jury of the case as it was presented before them, notwithstanding anything they might have heard beyond those walls. In a case of such importance, however plain it might at first sight appear, and* however much their minds might have been prepared for its consideration, and however conclusive the evidence against the prisoner might appear, he was ; certain that remembering the oath they had taken they would narrowly watch the whole evidence, and satisfy themselves that beyond all reasonable doubt, and irrespective Of the defence suggested by the prisoner's counsel, his guilt was clearly established. In the first place were they satisfied that Mr Volkner was murdered, and next that the prisoner, if not the actual murderer, was one of those engaged in and about the act, who, according to the principles of English law, must be held responsible for it. One point that had been put before them he thought he might dismiss from their consideration at once; namely, the suggestion made for the first time towards the close of the address of prisoner's counsel to the effect •that if the prisoner did do the act, which in another person would have been murder, the circumstances were such as to show that, he was insane at the time, aud was entitled to a verdict of not guilty on that ground. Now, not only were steps taken in cross-examination to establish such insanity ; not only was no witness called to prove its existence, but he {his Honor) felt bound to point out that the statement of the prisoner utterly removed any foundation there might otherwise have been for any <such suggestion ; because from the speech which the prisoner had made—irregularly, no doubt, but still as his Honor thought in excusable breach of the rules of evidence, as it would he hoped make the prisoner and his fellow Maoris feel that ample opportunity pf-saying everything for the defence possible had been jury could come to no other conclusion than the statements runhing through the whole of that speech negatived the hypothesis of insanity, such insanity at leaßt as would entitle him to an acquittal. It was impossible for the jury not to see that the prisoner Was possessed of a very clear and accurate memory as to the facts of the whole transaction, and from the way in which he had spoken of them that day it was obvious that when they occurred his mind was in an ordinary sane condition, and therefore his Honor could see no necessity for troubling the jury any further with the question of the prisoner'sin sanity. This being so, it remained for them to consider whether or not there was •reasonable evidence that the prisoner took a part; and a voluntary part, in the series of facts whieh culminated in the death of Mr Volkner. The violation of his remains, and all other such matters connected therewith, had no bearing whatever on the case, except as shewing malice on the part of the prisoner. He thought he should only embarrass them if he were to go into the distinction in law between murder, excusable homicide, justifiable homi'cide, and manslaughter, because, if they believed the evidence for the prosecution, no such thing as justifiable or excusable homicide or manslaughter had been either proved or suggested bo as to reduce the killing of Mr Volkner to any of those. He could easily expatiate and debate' upon the subjects did he not feel perfectly certain that there was not and could not be any pretence but that this offence, if anything, was murder. There could be no doubt of the fact that Mr Volkner was murdered, and that contrary to law and nature, and under very painful circumstances, for the corpus delictu was clearly established. The 'sole question then for the jury, a question to t 'the solution of which they must be careful hot to jump hastily, was, was there any reasonable doubt that the prisoner was the murderer, or at all events, one of the persons responsible for the murder. The prosecution put it that he was so,' ' and that in every way he was the "principal leader to the crime; and he, (his Honor) might add, the priest and missionary of this bloody religion, to destroy all those opposed to it, and to upset the Government of the country.' He trusted that it would never be' said in a * British court of justice' that any form or amount of fanaticism, however sincere it might be, and however tending to excite weak minds with its ■peculiar doctrines could justify him in ,the j ■ commission of what in ordiriaiw view of sober "judgment would be called murder. It might be that' before an infallable tribunal such 'things' would be judged on different principles and in a different way to those on which they were bound to" proceed; but the jury sitting 'there, tddo'their duty" to society 1 according to "the spirit of EngM'sM'l'aw" and' justice, must ; •'not allow : theilise be led away ■ from; £(&eir '.p^eF;,'p°Sth;'p^''inere j: 'speculation's of '

j that these crimes were part of a patriotic and J political scheme for the vindication of a downi trodden people; and he was happy to say that not j one single word had they heard to that effect 'from either the prisoner or his counsel. If | any such arguments could be fairly used at all : certainly they could not be so in that Court. i Even if men could be so far led aside as to I commit acts of murder and rapine it was not ;ina court of justice that they could be exe- • cuted. He had thought right to make these "observations partly in allusion to topics which • were sometimes urged in circumstances such as the present, and partly in allusion to the statements of the prisoner in jthe elaborate address he had made to the jury, some of which were probably founded in fact. In that address, if the prisoner took up any line of defence distinct from that adopted by his counsel, it amounted to this : " I deny the truth of the prosecution so far as it makes me the moving spirit in this particular work of blood. I say that I was a missionary of the Hauhaureligion,goingaboutfrora place to plaee to convert persons of my own race to that faith, and that I was armed with a sort of authority of a talismanic character from the chief prophet of this religion." What he would have them believe was that when he arrived at the scene of the murder, so far from being the principal actor in it, he did with all his might endeavor to prevent it, and to keep the Maoris who were obedient to his new religion from committing it; that these same carried it against him and forced him at last by their speeches, and by close pressure, to consent j to that which was really foreign to his wish, and that the impious orgies which, subsequent ' to the murder, took place in the church were | participated in by him simply to deceive the people, and that he was an innocent agent in his heart and soul, protesting against and abhorring the work of murder for which they alone were responsible. How far it was possible for the jury to take this into consideration it was quite unnecessary to enquire, because it was clear that in some particulars at least the statements of the prisoner were untrue. Had the case for the prosecution depended solely upon the testimony of the'last witness, who from his own acccounts had been at once won over to this religion of Hauhauism, and who it might be seen was especially likely to be worked up to frenzy and excitement of brain by artful men ; had all the witnesses been like him, it would have been his (his Honor's) duty to tell the jury to examine their evidence with extreme care before giving it any credence whatever; because it was clear that they allowed themselves to be overborne by the representations made to them and by the sheer force of excitement; and if the prisoner's guilt therefore stood on this testimony he must have asked the jury to pause and consider how far, if at all, they were worthy of credit. But the jury had auother witness before them who no doubt had recommended himself to them as the witness of truth ; the witness who by his courageous conduct had saved the life of one of the clergymen who was sought to be murdered at Opotiki, and who in his (his Honor's) opinion had acted such a part throughout the whole terrible affiir as to make the whole colony his debtor. Now no attempt had been made to shake his (Captain Levy's) evidence. The prisoner, it was true, had said that he never saw Captain Levy at Opotiki, but only another pakeha. But if the jury believed the witness Maurice Levy, although it must always be unsatisfactory to convict a prisoner on the evidence of one witness alone, they would have no difficulty; for they must remember that his testimony was unshaken, and even taken alone would probably be sufficient to satisfy them, giving as it did all the details of Kereopa's conduct immediately after his arrival at Opotiki. Still, it was possible—just possible -—that the- witness might have some bias against the prisoner, and in the interest of the latter the jury were bound to consider it, though he (his Honor) was totally unable to see why he should have such a bias. -As to the identity of the prisoner, there could not, he thought, be the smallest doubt, as his own statement negatived such a possibility, for though his statement, so far as it was in his own favor, could not be received as evidence, yet what he stated [in a coui-t of justice as against himself was very strong evidence against him, and this was the only proper way to look at any statement of a prisoner, the rule being that no one should make a statement he was not prepared to prove; yet if he made a statement or admission against himself, such unquestionably stood on the same footing as the evidence given by indepent witnesses of any admissions having been : made by him, which, of course, would be good legal evidence. He desired to call the especial attention of the jury to the witnesses for the prosecution, for if that were believed the attempt of the prisoner to shew that various chiefs took the whole responsibility of the crime upon themselves would be of no avail; and, even assuming the truth of his statements throughout, it would afford no justification, for he' admitted that at last he yielded to their influence. (His Honor then read the whole of the evidence through.) After this recapitulation of the evidence it was for the jury j to say whether they had any reasonable doubt i of the prisoner's guilt. As to the defence, the j only point raised was as to his sanity, and ( prisoner's counsel wi>hed to shew that the cir- ■' stances of the case were so monstrous that the man, when he took the part suggested by the prosecution, must have been unable to know right from wrong.- But that defence seemed to be got rid of by the prisoner's own statement, for ho seemed throughout quite clear as to what he did, and those parts of his statement not borne out by evidence were at variance with I the proofs tendered by the prosecution. How- j ever, he would' not insist too much on this, ' and Ire-would'itotfciid that stafement.to the ;

jury, because though he had given the prisoner liberty (to which he was not entitled) to make it, he could not put it before them as evidence ; the prisoner's admissions, however, he must repeat, were good against himself. The prisoner had admitted that he was a 1 Hauhau and took part in the religious ceremonies, and agreed eventually to all that was being done, though he stated that he consented only through the force of circumstances. As he had already said, he did not think he could with propriety read the prisoner's statement to the jury, and indeed it was scarcely desirable to do so. But they would see that he did admit taking some part in the proceedings, though he denied issuing any orders, and said that Patara did that, though he had been at Opotiki only three days, and insisted on doing so, notwithstanding that the missionary of the true religion did all in his power, according to his own account, to stop it. He trusted the jury would not rush to any hasty conclusion, but calmly look at all the facts, and if they could see their way to any doubt of the prisoner's guilt, would give him the benefit of that doubt, but if not, they must unhesitatingly give a verdict for the Crown. The jury retired at 8.30 p.m. to consider i their verdict, and returned into Court at 8.40 p.m. with a verdict of Gruilty. The prisoner, when asked if he had anything to say why the Court should not give him sentence to die according to law, said—" What I have to say is, I did not murder him. If either myself or my children had but a hand, I should be guilty; but as it is, I am not guilty." His Honor then having assumed the black cap, said—Prisoner at the bar. You have been found guilty on evidence which could leave no doubb of your guilt of the offence of murder. I do not believe that anything I could now say would be of benefit to yourself or to the community you have outraged. Ido hope that in the short time you have to live your mind and attention may be drawn to the true God. But it is no part of my duty to make further observations upon the subject of your future condition. I must now proceed to perform the painful duty imposed upon me by law, of passing sentence of death upon you. The sentence of the Court upon you is that you be removed hence to the place from which you came, and that in due course of law you to be hanged by the neck until you be dead ; and may Almighty G-od of His infinite mercy have mercy upon your guilty soul. The prisoner, who appeared quite indifferent was at once removed, and the sitting closed.

[The prisoner Kereopa is a man of anything but imposing appearance. He is fifty-two years of age, about sft 3in high, and 9st weight. Anyone less like a " King of men," or an inspired prophet, it would, be difficult to find. His look, however, is intelligent, and his calm, almost pensive face, expressed perfect coolness and self possession throughthe tedious, and to him fatal proceedings.]