New Zealand Spectator, AND COOK'S STRAIT GUARDIAN. Wednesday, September 5, 1849.

New Zealand Spectator and Cook's Strait Guardian, Volume V, Issue 427, 5 September 1849, Page 2

New Zealand Spectator, AND COOK'S STRAIT GUARDIAN. Wednesday, September 5, 1849.

The number of cases tried at the recent sittings of the Supreme Court has been unusually great, and some of them possessed a considerable degree of public interest. The trial of Ratea for murder had created a good deal of excitement among the natives, and presents several points worthy of observation. As we mentioned, at the time of his apprehension, the offence was committed under circumstances of considerable provocation", circumstances which according to the native usage justified the prisoner in his act ; the wife of the prisoner had been seduced by the deceased, whose life had been taken as utu or satisfaction for the injury he had sustained. The offence had been committed more than six years ago, when the natives were ignorant of our laws, which were not attempted to be enforced among them. Indeed, subsequent to this period exceptional laws were passed in their favour, relieving them in several respects from the operation of our laws ; and even the Act of Parliament passed in August, 1846, under which the Constitution was established, makes provision for maintaining those native laws and customs in their relations to, and dealings with, each other which are not repugnant to the general principles of humanity. The natives, we understand, presented a memorial to the Governor in favor of the prisoner on these grounds, and Robert of Wainui, a chief who possesses a* good deal of influence among them from his. moderation and good sense, has stated that while the natives do not allow that the lapse of time should interfere to prevent the punishment of an offence ; that if the murderer Petomi should be taken ten years hence, and punished, they (the natives) would admit the justice of the sentence, it appears to them an act of extreme severity to enforce the penalties of the law for acts, committed when they were ignorant of its:

nature and operation, and when the native laws and customs were suffered by the Government to prevail. Under these circumstances, if Ratea had been found guilty, we^, think the Government would hare acted wisely in granting- his pardon, for our institutions and laws will best commend themselves to the natives when in their administration mercy seasons*justice. Owing, however, to the glorious uncertainty of the law, Ratea is acquitted through a flaw in the indictments, through a legal technicality. It may seem strange that all the facts of the case do not appear in evidence on the trial, but doubtless the skilful counsel who conducted the prisoner's defence must have considered it his duty to rest his case on the strong legal grounds which ensured his client's acquittal, and not to weaken his- defence in a legal point of view, by admitting - his client's guilt, and proving in extenuation the provocation under which he had acted. We think, however, that the natives in this instance would have entertained a greater respect for the law if the offender had owed his safety not so much to the ability of his counsel as to the merciful consideration of the Government ; they cannot understand these legal subtleties and will be apt to undervalue the law, when they have such evideDce of its uncertain operation. 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. We hope the Judge's caution will operate in putting a stop to the dangerous facility which appears to hare existed in some quarters in contracting marriages, and which might be the occasion of producing irretrievable confusion and domestic misery, and of encouraging immorality under the respectable sanctions of religion. We cannot in this brief notice of the proceedings of the Court omit to allude to the unusual course adopted by his Honor in . the concluding observations of his address to the Grand Jury, and we are strongly of opinion that it would greatly add to the dignity of the Bench if it were to observe the same rule which is scrupulously enforced on all Juries, who are exhorted to dismiss from their minds in Court all personal considerations.

On Friday night about 12 o'clock, a robberywas committed at the house of A. M'Donogh, Esq., Sub-inspector of Police. The thieves obtained an entrance through the kitchen, window which the servant, before going to bed had neglected to fasten. Mrs. M'Donogh who had not retired to bed heard an unusual noise and gave the alarm to Mr. M'Donogh but the thieves contrived to escape, before he could reach the kitchen, with some articles of plate and other property.

Information has been received from Queen Charlotte Sound of the loss of the schooner Comjcrt, which sailed from this Port on the 22nd inst. She was found by Mr. Toms in the Sound bottom upwards, and on putting off to her he supposed at first it was a dead whale. There is every reason to fear that all hands on board, seven in number, have perished.

A ball will take place to-morrow evening at the Britannia Saloon, in aid of the Widows' and Orphans' Fund of the Odd Fellows of this district, when we hope that, from the numerous attendance of its patrons and supporters, the Institution will receive increased means of promoting the benevolent objects for which it has been established.