SUPREME COURT SITTINGS. Saturday, September 1, 1849. Before Mr. Justice Chapman,

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

SUPREME COURT SITTINGS. Saturday, September 1, 1849. Before Mr. Justice Chapman,

The Court was opened for the trial of prisoners with the usual formalities. The room appropriated to the Sittings of the Supreme Court is that which was formerly the Long Room at Barrett's Hotel ; and though rather smaller than the former Court is sufficiently large and in many respects better adapted for the purpose. The floor has been removed from the room immediately above, adding thereby to the height of the Court and considerably improving the means of lighting and ventilation ; it also affords, , by means of a gallery; additional accommodation to the public. The observations of his Honor the Judge on the indictments to be submitted to the Grand Jury were confined chiefly to that

of Ratea for murder, and of Clark for bigamy. With reference to the former case, his Honor explained the peculiar state of the law as to the native race, that wherever the sovereignty of a country was obtained by conquest or cession, the laws of the conquered or ceded country prevailed, until altered by the power to whom the sovereignty devolved, unless those laws were bad or vicious in themselves ; that in smaller matters of custom the Couit would not interfere, but would suffer the native laws to prevail among themselves ; but in so grave an offence as that of murder, those laws would cease the moment the superior power came into the sovereignty. Tbe present- case presented several peculiarities which might render it inexpedient to press the law in all its severity against the prisoner. The offence had been committed six years ago, and although no lapse of time would relieve the offender from the punishment due to his offence, yat it would be harsh to press the law with extreme severity against the prisoner, especially when the uatives were at that time uninstructed in, and ignorant of, the nature of our laws, and in the event of a conviction, he should feel very indisposed to capital punishment in this instance. — A comparison might be instituted between this case and that of Maroro but the two cases were widely different, in the latter a series of cold blooded murders had been committed, but in the case now before them, ihe prisone had acted under considerable provocation, in the seduction of his wile by the deceased. It was possible, however, that an objection might be raised, that the present ofience having been committed on a native, and the other on a European, unless some measure of punishment were awarded, it might lay the law open to the suspicion of partiality in punishing in the case of a European, and not in the case of a native. In commenting on the case tdr bigamy, his Honor observed that some sort of-consultation had been held as to whether the previous marriage was void, but a mere proof of a voidable marriage would not therefore render a marriage void, or any subsequent marriage legal ; and any person aiding and abetting by his advice the celebration of another marriage under such circumstances would lay himself open to an indictment, and would, if the extreme penalty of the law were enforced, be transported ; and he mentioned this by way of caution, to prevent the repetition of similar conduct. • His Honor then entered into a detailed examination of the state of crime in this settlement as evidenced by the cases which had been tried during the last five years, from a very careful return prepared by the sheriff distinguishing the offenders into the following classes, original. settlers, persons from the colonies, persons from places not ascertained, soldiers, and i.ative population, which proved in a remarkable degree the small amcurit of settlers sent out by the New Zealaud Company and ot the native population who bad been tried for the commission of offences. His Honor in conclusion said that before dismissing the Grand Jury to their duties he wished to express his regret at the departure from the colony of their foreman Mr. M'Donald, who had on several public occasions proved himself so useful, and begged he would permit him to add the expression of his sentiments of private regard and e&teem. The Grand Jury made presentments on the state of several chimnies in different parts of the town, on the state of the roadway on Lambton Quay, and on the state of the gaol, all of which bis Honor promised should receive due attention. With regard to the gaol he stated that he had received an intimation from his Excellency the Lieutenant-Gover-nor lhat Mr. Fitzgerald the Government Surveyor had been directed to prepare plans for a new building, which would be proceeded with as soon as the state of tbe colonial funds would' admit of it. — Cookman, a private in the 65th regt., was indicted for breaking into the house of Captain Newenham at Wanganui. The Jury returned a verdict of Guilty. John Conolly, a private in 'the 65th regt., was indicted for breaking into the house of C. J. Townsend. A second indictment charged prisoner with robbery at the house of S. Levy, aud a third with stealing a coat the property of Edward Low : the prisoner was armed with a musket when he committed the robberies. The prisoner pleaded Guilty aud was sentenced to 15 years transportation. George Bolt, a private in the 65th regt., pleaded Guilty to an indictment charging him with setting- fire to a house at Porirua. Sentence deferred. Benjamin Fox was found guilty of an assault on Henry Hopwood, a sergeant in the police, and sentenced to 2 mouths' imprisonment with hard labour. Ratea otherwise Kai Karoro an aboriginal pative, was indicted for the murder of Parata Wanga another aboriginal native in the month of MarGh 1843. The Attorney-General conducted the prosecution, the prisoner was defended" "by" Mr.' ftois assisted b'yMr. Kemp

as interpreter. Mr. Deighton was sworn as interpreter for the Crown. Mr. Ross applied to the Court for a mixed jury to be composed of Europeans and aboriginal natives, but his Honor refused the application, stating that the prisoner was clearly not entitled- to the right as a foreigner, as he was now a British subject, and that the provisions of the Jury Amendment Ordinance by which the Governor and Executive Council might provide a list of natives to serve on mixed Juries had not yet been carried out. The prisoner, who had a quiet respectab'e demeanour, was habited in a suit of black clothes. He pleaded Not Guilty. The trial excited very great interest among the natives who attended the Court in considerable numbers. The Attorney- General having opened the case called Dr. Fitzgerald, Coroner, who stated that he had held an inquest in March 1843, on a native named Parata Wanga, witness described the wounds on the body of deceased which appeared to have been inflicted by slugs or small bullets ; no post mortem examination had been held ; he believed the person came by his death by these wounds and, in his opinion, that between the ribs produced death ; he had seen the body shortly after it was shot. Te Kiri Karamu, sworn. — Was stopping at Tiakawai when prisoner came to this place; could not remember how long ago ; when he heard prisoner was arrived he went up to the pa Kuao, which was on the hill above Tiakawai J found prisoner and deceased talking together, they talked some time and then sat down ; witness sat with (hem near the fire . prisoner said he intended to return to Ohario in the evening ; witness told him he would be benighted, but" he replied that be should have time ; saw him take a gun off a bundle of fire wood ; witness heard the report of a gun ; his back was at that time turned towards the prisoner ; on turning rouud he saw that Parata Wanga was shot, Mr. Ross here 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 tha v t death was caused by that shot. His Honor held that the Attorney General must elect which shot he would prove but that he could not piove two. The Attorney General elected to go upon the first shot. Examination resumed — At the first shot deceased fell on his elbow; he was nearly dead and his eyes were closed. Ko Ti, wife of the last witness — Recollects Parata Wanga's death ; recollects seeing prisoner ; it was at the pa Kuao ; saw prisoner fire at Parata Wanga ; Parata Wanga fell ; he appeared not dead, his eyes were open, he was looking as they were at the present moment. Thomas Barrow, carter, Karori. — In 1843 was making bricks on the Karori road; thinks it was in March ; heard two shots fired ; on hearing the second shot he looked up and saw a native make a jump and then run up the hill ; when he reached the spot the natives were moving a dead body into a hut ; saw wounds on the body ; there was not time to load the gun between the two shots ; deceased was quite dead when he got there ; he did uot know deceased. George Crocker, police constable, proved that he apprehended the prisoner on the 3rd August, last. Dr. recalled and cross-examined by Mr. Ross — Deceased had many wounds ; could not say which of them produced death without a post mortem examination; did not think the wound in the thigh would have produced death ; the wound between the ribs might have caused death, or that under the shoulder blade ; the natives would not allow a post mortem examination. Mr. Ross objected that the Attorney-Gene-ral bad made out no case to go to the Jury, he had proved the shot, and that Parata Wanga fell ; but he did not prove any of the wounds stated in the indictment, nor did he ask the witnesses any question as to such wounds, and he had uot proved that the deceased was the mau on whose body the inquest was held. His Honor considered that there was sufficient evidence of identity to go to the Jury. The Attorney- General addressed the Jury for the Crown. Mr. Ross addressed the Jury for the prisoner. His Honor the Judge then explained to 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 mus* acquit the prisoner. If they considered that deceased received one mortal wound at the second shot, and one also at the first, they might convict ; but if, on the whole, they had any doubt whether the first shot produced a mortal wdund, tire "prisoner" mu:sthav6

the benefit of the doubt. , The Jury retired, and the Court adjourned for twenty minutes. On the return of the Jury into Court, the foreman declared the verdict to be " Not guilty." Rice Owen Clark was indicted for intermarrying with Louisa Felgate his first wife being still alive. The prisoner who was defended by Mr. Ross pleaded Not Guilty. The first witness called was William Norgrove, painter, Wellington, who said he knew the prisoner at the bar, and had known him since 1841, he came out in the Gertrude with him ; when they first went on board prisoner lived in the single men's berth, but at the end of about six weeks it was rumoured in the ship that he was a married man ; the person said to be his wife was a young woman named Ann ; she was living with the surgeon's wife as servant ; has seen her since ; they lived as man and wife near the Cemetery for about a year ; she then left the colony ; witness saw her again about two mouths since ; she showed witness a paper ; no conversation about their marriage took place in the presence of the prisoner. Cross-examined by Mr. Ross — Could not say whether they lived together as man and wife on board the ship. George Felgate, gardener — Is the father of Louisa Felgate ; was at his daughter's marriage ; could not recollect any particular conversation with prisoner in March ; had been acquainted with him about a year ; was present when the woman called who stated herself to be Clarks wife; she asked for him ; he said, my name is Clark : she replied, yes, I know it is, and you are my husband ; she persisted in saying she was his wife, and he said, she was no woman ; thinks the prisoner admitted that he had been married, but on another occasion he said he had not consummated the marriage ; the conversation took place on a Sunday in the afternoon ; it was since the marriage with his (witness's) daughter, probably two months alter it ; when the prisoner proposed to marry his daughter witness had some conversation with him ; in consequence of what he had heard he asked him if he was not already married ; he said he was not because the marriage was not consummated, and that she was not a woman ; witness wished to have the opinion of a person more capable of judging than himself; thinks he mentioned this desire to the prisoner but cannot say whether the prisoner referred to Mr. Watkin, or whether he (witness) proposed it ; he and the prisoner both attended the meeting ; witness said what had passed would not alter his opinion ; that he did not think there had been any marriage ; prisoner said he did not think it would ; had some conversation about the woman, who said she was his wife ; understood that she had gone to England ; his impression was that there had been some solemnity ; the woman did not produce any paper when she called at his house. James Watkin, "Wesleyan Missionary — Knows the prisoner at the bar ; has had conversation with him about his marriage ; he stated that a form of marriage had been gone through ; but he did mention the name ; thinks he said it was in London a long time since ; he did not say how many years : this conversation took place in the early part of this year. Witness produced the register of the marriage between R. O. Clarke and Louisa Felgate : he had married them. John E. Smith, clerk to the Magistrates, proved the statements of the piisoner before the Magistrates : prisoner said, the person who calls herself Ann Ingoldsby I have never consummated marriage with : Mr. Watkin has stated precisely what I said to him, that no marriage could possibly be consummated with her by any one. Mr. Ross objected that there was no proof to go to the Jury of a marriage with Ann Ingoldsby. Although there might be an admission of a previous marriage with some one, yet this marriage was not connected with Ann Ingoldsby. His Honor overruled the objection but reserved the point for consideration if necessary. His Honor pointed out to the Jury that they must be satisfied of the marriage with Ann Ingoldsby, and also of that with LouisaFelgate, and that at the time of the marriage with Louisa Felgate Ann Ingoldsby was still alive. 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 fitst wife Ann was still alive. His Honor having commented on the varfous points in the evidence the Jury retired,- and in a few minutes re-entered the Court adcfreturned a verdict of "not-guilty." •' '** Michael Campbell, Edward Neale, and Charles Hyde were indicted for having made their escape from the gaol. Campbell pleaded guilty, the other two prisoners were tried and found guilty, and were sentenced, Campbell and Neale to three months imprisonment and hard labour, to commence from the'etfpi-

ration of their present sentence, and Hyde to two months imprisonment. Campbell previous to being taken into Court was found to have a piece of brick concealed in bis red shirt, and on being questioned as to what he meant to do with it, said be intended to throw , it at the Judge.