SUPREME COURT. WELLINGTON, 13TH APRIL, 1849. Before Mr. Justice Chapman. (BY SPECIAL COMMISSION.) (Cantinned from our last number.)

New Zealand Spectator and Cook's Strait Guardian, Volume V, Issue 387, 18 April 1849, Page 2

SUPREME COURT. WELLINGTON, 13TH APRIL, 1849. Before Mr. Justice Chapman. (BY SPECIAL COMMISSION .) (Cantinned from our last number.)

William Martin private in the Police, was at Branks's house on the 23rd March at 11 o'clock in company with Serjeant Hopwood ; saw the deceased with his head cat open and an axe lying close to his body ; on the following Monday witness found a pair of drawers, put a private mark upon them and gave them to Serjeant Hopwood ; there is a mark, Henry St. Hill, just above the mark of witness. Cross-examined — Found the drawers in a box, the box was not locked. No policeman was left in possession. Mary Ann Seed, lives in Porirua Road with her uncle R. Seed ; on the Wednesday before the murder a maori spoke to witness, he asked where her uncle was and said he had promised him a pair of boots, witness told him her uncle was down the road ; he had on a pair of trousers and a blanket, also an old cap ; the prisoner is the native. By the Court — Is eleven years old ; knows the prisoner's life is in danger from her evidence ; is quite sure she knows him. Cross-examined — It was on the Wednesday night between six and seven the prison ncr asked for Branks ; the murder w&s on Thursday ; did not know the prisoner before ; many maories go up and down the road ; they often call at her uncle's house ; when witness first saw the prisoner she had some little doubt ; the police magistrate had a blanket put on the prisoner and then she knew him ; when he left he went towards the Halfway House ; it leads towards Branks's ; saw the prisoner go towards Wall's, which is in the direction of Branks's ;- has never said she did not know which direction he took. William Holmes, is a serjeant in the Armed Police ; delivered certain clothes, a blanket and a pair of drawers, to Serjeant Hopwood, which witness saw taken from prisoner by Duncan a policeman. William Taho, an aboriginal native residing at Ngauranga, saw the prisoner on the morning of Friday at Kumutoto, by the side of the new chapel, washing a pair of long drawers in the stream. Witness was coming down the hill and when he was opposite to the • chapel he saw the prisoner washing a pair of drawers in the water. Prisoner had on a blanket and his back was turned towards witness! Witness stopped to look at him because he thought he was an African. After he had washed them, when he began to "wring them witness observed the water was not of a natural colour but was stained as with blood; when th£ prisoner had done this, he placed them by his side but the marks did not appear to witness to be completely washed out. Cross-examined — It was past ten o'clock when witness saw the prisoner washing the drawers. The police station is on the opposite side of the road. The drawers were in the water, the prisoner was rubbing then) when witness passed ; the prisoner saw wit* ness when he wrun£ the drawers out ; is quite certain he saw the blood ; it was very red and he believes there is. blood on the drawers still; the water was as red as when a presonwho has been killing a pigwashes his hands afterwards. Witness knows clear water from blood ; in rainy weather the wa.ter comes down thick ; the water of the stream is not discoloured in coming from the brewery, only on a r,ainy day ; never saw native women washing the entrails o.f_pigs ,in the water ; has seen them washing clothes in tubs by the side of the stream ; never mentioned the subject to any one until the day he went to ' the Police Court j he then knew the prisoner to be the man he saw washing the drawers in the stream, , ,

William Barry, gaoler, deposed that on the 21st of March last, on the Wednesday, when the prisoner was discharged from prison, he had on an old blanket, a white waistcoat, and an old soldier's cap. Arthur Edward Macdonogh, Sub-Inspector of Police, produced a watch which he received from Catherine Tracey, Mr. Paul's servant, on the 23rd March, and which had been, in his possession ever, since. Catherine Tracey, is servant to Mr. Paul, 65th regt., residing on Wellington Terrace, he lived previously on Te Aro Flat beyond the church; remembers a native offering her a watch for sale on Friday, 23rd March, the prisoner is the person ; it was about nine o'clock in the morning; when witness bought the watch a man of the name of Barben was present ; witness bought the watch for twenty-five shillings, has the number of the watch, it was No. 2332. Witness had a receipt from the maori for the money ; produced the receipt ; she kept the watch until the evening when she delivered it up to Mr. Macdonogh. Cross-examined — Had never seen the prisoner before ; is quite sure the prisoner is the man who sold her the watch ; it was about nine o'clock when witness bought the watch ; witness was about ten minutes -making the bargain ; prisoner had on a white jacket, a cap, and a pair of drawers ; cannot say whether the drawers had been recently washed ; did not see any blood upon them. Thomas Barben, is a clerk, was at Te Aro on Friday the 23rd March, about 10 o'clock ; saw Catherine Tracey and the prisoner ; there was some conversation about a watch ; she bought the watch and witness wrote out a receipt ; the prisoner is the man who sold the watch. Cross-examined — The transaction occupied about five minutes ; has always said prisoner was the man ; prisoner had on a tight pair of drawers, they appeared clean, they did not appear wet ; did not observe any marks of blood. William Neal, watchmaker, living on Lambton Quay ; knew John Branks, had twice repaired a watch for him ; identified the watch ; keeps a register of watches intrusted to his care ; the No. of the watch is 2332 ; the entry in his book is 'June 2, _ William Cathcart, London, 2332, Branks, 4s.'; has no doubt the watch belonged to John Branks ; saw it in Branks's possession within the last three months. John Hill, a shoemaker, living at Karori, knew Branks ; had been told by him to call for his watch at Mr. Neal's the watchmaker's ; identified the watch as belonging to Branks ; gave the watch to Branks ; had often seen it in his possession since ; saw him with it last on the 27th January. Ji mes Vaughan, shopman to Mr. G. Waters, in Dixon-street ; remembers a watch being offered to him for sale by a Maori on the 23rd March at half-past 8, or may be quarter past 9 ; is cc tain the prisoner is the man ; identified the watch as that offered to him by the prisoner; he had a small cap on, and a dirty white blanket ; he took the watch from under his blanket and offered it to him for sale ; witness asked him what he wanted for it, prisoner said £4 : 10s., witness laughed at him ; prisoner then said £2 ; he afterwards offered to take twenty-five shillings. Witness saw the prisoner knew nothing about a watch, for he could not put it within the case ; witness asked the prisoner to whom the watch belonged, he said to a pakeha; has been seven years in Wellington and never knew a native have a watch for sale before. Cross-examined — Is quite positive that is the Maori ; has once said he was not quite sure, but is quite convinced now the prisoner was the native ; at the Police Court he said he should -not like to swear to him, but after his examination at the Police Court he felt confident the prisoner was the native ; has seen the labour gang repeatedly pass, and saw a native among them, but did not particularly notice him ; never recollects seeing the prisoner in Mr. Waters's shop before. George Richardson, a policeman, saw the deceased, John Branks, on Wednesday, the 21st March, at 20m. to 8 o'clock, about 200 yards from his house; he asked Branks what time it was, and he told witness it was 20m. to 8 ; did not much notice the watch; it was the same John Branks that has been 'kUled. Harriett Seed, wife of R. Seed, lives on the Porirua Road ; knew John Branks ; remembers his wife being in the Hospital ; asked Mrs. St. HOI for linen for her ; she gave her two pair of drawers, and some other articles; one pair of drawers was marked with the name H. St. Hill ; they were the same description of drawers with those produced ; witness identified the pair of drawers found on the prisoner as belonging to deceased. Cross-examined— Saw the drawera last in December. " k

Thomas Paton, is a private in the 65th Regt.; indentified the prisoner; saw him! last on the Porirua Road on Wednesday 21st March about 5 o'clock near the Church ;. it was about 500 yards from Branks's house ; witness asked him when he got out of gaol, but could not understand his answer; he said he was going to Forirua ; had seen the prisoner working in the gaol gang ; he had on an old soldier's cap, and a blanket. Thomas Duncan, a private in the Armed Police ; took the prisoner into custody on the 23rd March in Polhill's gully; Mr. M'Donogh, Mr. Kemp and others were present ; took him to the station house ; it was between 10 and 11 at night; searched him but found nothing on him ; prisoner had on a red shirt, white jacket, and a pair of elastic drawers, a cloth cap and blanket. The blanket was stained with blood, so were the drawers. Identified the blanket and drawers as those worn by the prisoner. Joseph Torr, storekeeper, lives on Lambton Quay ; knows the prisoner at the bar ; he called at witness's house on the 23rd March to pay a small debt which had been owing some time ; the debt was £1:1:6; he said he got the money from his sister. Cross-examined — The prisoner came to his house about eleven o'clock. Thomas John Drake, a farmer, living on the Porirua road ; knew the deceased ; saw him last alive on the Thursday night between five and six o'clock ; deceased was in his employment ; he had a watch ; he told him the time the Tuesday before ; it was a common silver watch with a guard similar ; to that produced. Cross-examined — "Witness gave the alarm; was standing on the road when Nott broke the house open ; has never been in deceased's house since the murder ; it was pulled down and burned, and the spot on which it stood levelled ; it was done a few days after the murder ; the house was Branks's property ; witnes had a desire that the house should be pulled down. John Milay, private 65th Regt., remembers seeing the prisoner at the gaol after the time of the earthquakes ; had a conversation with the prisoner at the gaol ; prisoner said kakino the pakeha, and that he would make a pukerau of the pakeha Banks or B ranks. Cross-examined — had been subpoenaed within the last two days. This closed the case for the prosecution, and it being past nine o'clock the Court was adjourned until 10 o'clock the following day.

Saturday, 14th April. The Attorney- General then addressed the Jury and observed that though, as he had stated in his ogening, the evidence was wholly circumstantial, yet it was of such a nature that he felt it was impossible they I could do otherwise than come to the conclusion that the prisoner was guilty. He then commented upon the evidence to show that the two facts relied upon" for a conviction, namely, the prisoner's conversation with Ko Mania respecting the murder before it 'could possibly be known in Wellington, and the possession by the prisoner of the deceased's watch, were fully proved, and that the case being so plain he should leave it with confidence in their hands. Mr. Ross for the defence warned the jury of the danger of convicting the prisoner on circumstantial evidence, and adduced several cases in which persons had been convicted for murder on circumstantial evidence seemingly conclusive, who nevertheless were afterwards proved' to have been innocent of the crime for which they had suffered. He then most carefully examined the evidence, dwelling on such points as appeared inconclusive against the prisoner, and concluded a very able defence by entreating the jury to forget the colour of the prisoner and the charge preferred against him, and remembering only the terms of their oath to weigh well the evidence and not to adopt as certain and conclusive those circumstances which may bear another interpretation when the proof rested on circumstantial evidence only ; he reminded them that their justice was not doubted by the maori population and the prisoner trusted to it, since by waving his right to an equal number of his own countrymen he was content to abide by their decision. No witnesses were called for the defence. The Judge commenced by explaining to the jury the nature of circumstantial testimony j nearly in the same manner as to the Grand Jury. He then gave them the usual caution to confine their consideration to the evidence before them. He then called their attention to the chain of evidence adduced, consisted of four separate links. For the prosecution it was proposed to showr^ — That the prisoner had been seen on the sjaft ssking the way to Branks's on the day before the murder. 2— That he had .made a certain disclosure to Ko Mania. 3— * That he had sold property of the deceased. 4.-*-That his clothes had exhibited marks of blood. He then read and. commented on ths cvi-

dence which related to each of the above links in their order, rather than in the order in which the witnesses were called. The value of this evidence, he explained, depended on its force as a whole. The mere presence of the prisoner upon the road amounted to nothing alone, taken with the other lots of evidence it becomes of importance. So, if Ko Mania's evidence stood alone it would not be safe to convict upon it, but its force was increased when connected with all the other facts. What the jury had to enquire was this : 1st — Were all the material parts proved to their satisfaction, and if so were they sufficient to justify a conviction ? 2ndly — If they were not satisfied with the proof of any one lot of evidence, as for instance the communication to Ko Mania, then they must reject it, and ask themselves whether there were or were not enough without it. The Jury retired at a quarter past three o'clock and after half a hour's absence they returned into Court, when the foreman returned a verdict of Guilty. The prisoner was then informed that the Jury had found him guilty of the murder of John Branks, and was asked if he had anything to say why the judgment of the Court should not be passed upon him. The prisoner denied his guilt, and said that the witnesses had given false testimony ; he had nothing further to say. His Honor then put on the black cap, and in a low impressive voice pronounced sentence. Addressing the prisoner, he said — It now becomes my painful duty to pass the last sentence upon you : the Jury have come to the painful conclusion of your guilt in which I also agree ; and all who have witnessed the investigation must have come to the conclusion that the chain of testimony is so strong as to leave no doubt of your guilt. The sentence of the Court is that you, Maroro, be taken to the place from which you were brought, that you be afterwards taken to the place of execution, and that you there be hanged by the neck until you be dead, and that your body be afterwards buried within the precincts of the prison. The prisoner, who still maintained the same sullen indifference he had exhibited throughout the trial was then removed under the custody of the Armed Police.