ADJOURNED CRIMINAL SITTINGS. March 31st, 1853.
Before His Honor Mr. Justici Stxpbbn, Parnapa an aboriginal'native'of Rangitiki was indicted for stealte^ two blankets, a rifle, double barrelled, and-other articles the property of H. W. Constable, in December last. It will be remembered that Hie prisoner's trial, on the application of his counsel, had been postponed for three weeks. The Attorney-General conducted the prosecution, Mr. King defended the prisoner. The case having%eefr4>learly proved against the prisoner, he was found guilty and sentenced to seven years transportation. Tb« prisoner Parapa'mM indicted for firing at W. Hickson, Esq., with intent to kill or do him some grievous bodily harm. The Attorney General offering no evidence in this ca*e» the priioner wai acquitted. The priwner was 'then put on his trial for firing at Hugh Ross, Esq:, with intent to kill him; a second count charged htm with firing with intent to do him some bodily harm. The Attorney-General conducted the prosecution, Mr. King defended the prisoner. The following witnesses were examined:— Hvghßoss.—i am a solicitor residing at present at Rangitiki; I was there on the 27th December last; I bad some property m a warre at the Manawatu side of the river; I was induced to go to the Rarigitiki nver on the same side m Captain Darnell's station with the intention of looking at my warre on the other side of the river to see if every thing was safe; Mr. Hickson and his son, Mr. Lawrence Daniell and Mr. Russ, and Mr. Rainer went with me ; we all got to the bank of the river; Mr. Hickson sailed in a canoe on the other side; there were some native women there who made signs to us to go away; they took away the paddles and went away a short distance from the bank of the river; we then returned to Captain Daniell's hut, and in the
coarse of about ten minutes we returned to the bank of the river ; on that occasion Mr. Russ was with us ; he was not with us before ; I saw a native on the other side of the river coming towards the river ; I did not know the native ; I believe it to be the prisoner ; I have no doubt about it; I have since heard from himself that it was he; almost immediately after perceiving the prisoner coming down, 4 of the party seated themselves on the ground in the rear; Mr. Hickson and myself sat down nearer to the bank of the River, about 20 yards apart ; where we were was on a cliff or table land about 50 or 60 feet above the water ; on the opposite side the land was a low flat very little raised above the bed of the river ; when the prisoner came down to the river he had a gun in his hand ; I think it was not a musket but more like a fowling-piece ; when he came within 30 or 40 yards of the river edge he made a sort of a little move forward to what appeared to me to be the remains of dilapitated warre about 3 feet in height ; I then saw him put the gun to his shoulder aud point it in the direction] of the top of the cliff, towards where I and Mr. Hickson were sitting ; I had a telescope which I then directed towards the prisoner, and I saw him levelling the gun in a direction towards Mr. Hickson, as it appeared to me, I told Mr. Hickson so; Mr. Hickson and myself both stood up : about \ a minute I should think after he put the gun to his shoulder the gun was fired; he seemed to be taking deliberate aim ; my eye was not on him at the moment the gun was fired, but on turning my head, the smoke was coming from the very spot ; I have no doubt that it was the prisoner who discharged the gun ; t'Ctr this I went about 30 yards to mjC left, still on the face of the cliff, with the object of seeing if the door of my warre was open, I was there about a minute or more, when a second shot was fired from the same place, the ball from which I heard distinctly pass by me on the left, the person that I take to be the prisoner and another native then retired from the spot through the scrub, and I lost sight of them : I can't say that I paid much attention to the report of the gun ; 1 have no doubt there was a ball in the gun as I heard something whiz past me as if of a ball ; the person who fired the last shot was from 130 to 150 yards] distant from me. Cross examined by Mr. King — The second native had a gun in his hand. By the Court — Both the person that I take to be the prisoner and the other native had guns. Re-examined — When I saw him coming down, this other native had the gun behind hiki back ; I did not see him raise his gun. Samuel Deighton — I am native interpreter at Wanganni, and acting clerk to the magistrates. I had a conversation with prisoner respecting this matter, but I cannot say what it was. Robert Stillingfleet Rayner :— I am a stockman at Rangitiki ; I was at Captain Daniell's station on the 27th December last ; I proceeded to the bank of the Rangitiki River on that day with Mr. Hugh Ross, Mr. William Hickson, Mr. Alfred Hickson, Mr. Lawrence Daniell and Mr. Ross ; Mr. Hickson sailed a cance on that river ; they would not bring one across; the native, however, told us to go away; we went away; we returned again In about 10 minutes or a quarterof an hour ; on our return we caw the prisoner at the bar ; he was on the other side the river; I had seen him often before; he came out of some warre with a gun in his hand ; I cannot say what sort of a gun it was he began to dance a native dance ; he seemed to be in a rage ; he fired in the direction as it appeared to us of Mr. Hickson ; about 10 minutes after another shot was fired from the direction of the prisoner towards where Mr. Ross was ; Ido not know who fired it ; it might or might not have been the prisoner who fired it ; I cannot say who it was ; the noise of this second shot was as if a ball was fired ; lam used to shooting, and I know the distinction in the sound between a gun discharged loaded with ball and when only with powder; when loaded with >all it would have a more whistling sound ; this report had that whistling sound. Cross-examined by Mr. King—- The ball seemed to pass over our heads (over mine and Mr. Ross) I was 4 or 5 yards from Mr. Ross ; the rest were 20 or 30 yards from us. By the Foreman — When the second shot was fired, I did not see the native ; the other native was near the prisoner when the first shot was fired ; I could see the ball distinctly ; 'the native did not take ■ any part in the dance ; he was standing quietly by. Samuel Deighton, recalled — This statement was made by the prisoner in the office of the Resident Magistrate, (Major Durie) at Wanganui; the cross set down at the foot \of this statement is in the prisoner's handwriting ; I saw him make it, and the words " Parnapa, his mark," are in my handwriting ; this statement (which is in English) was voluntarily made by prisoner in the Maori language, and translated by me into the English language and written down by Major Durie. Cross examined — I acted as interpreter to the Court; I told the prisoner before this statement was taken down that what he said at the examination then going on against him would be taken down, and might be brought forward against him at any other examination or trial that might take place ; I have no doubt that the prisoner understood me when I told him this. The prisoner's statement was then read. After an able defence of the prisoner by Mr. King, the jury returned a verdict of Guilty, and the prisoner was sentenced to 15 years transportation.
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New Zealand Spectator and Cook's Strait Guardian, Volume IX, Issue 800, 2 April 1853, Page 3
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1,403ADJOURNED CRIMINAL SITTINGS. March 31st, 1853. New Zealand Spectator and Cook's Strait Guardian, Volume IX, Issue 800, 2 April 1853, Page 3
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