The New Zealand Times. (PUBLISHED DAILY.) MONDAY, DECEMBER 16, 1878.

New Zealand Times, Volume XXXIII, Issue 5529, 16 December 1878, Page 2

The New Zealand Times. (PUBLISHED DAILY.) MONDAY, DECEMBER 16, 1878.

A great deal of surprise has been expressed at the severity of the sentence passed the other day by the Resident Magistrate at Napier on a Maori who was charged with being on the premises of the Criterion Hotel with a felonious intent. According to the Press Agency telegram the man pleaded guilty, and was thereupon sent to gaol for a month, with hard labor. If there were reasonable grounds for thinking that he had come there to commit a crime, no one, we suppose, would be prepared to say that he received more than his deserts; but notwithstanding the fact that a plea of guilty was entered, no one believes that the prisoner had the slightest intention of doing anything which would have subjected him to being put on his trial. The facts are simply that whilst a certain high official was in his private sitting-room he heard talking and laughing going on in his bedroom which adjoined it. On getting up to see who the intruders were, he found them to be two Maoris—a man and woman, described as well known respectable persons from the Wairoa. Nothing was said to the woman, but tho man was given in charge, and brought before the Bench next day, with the result related above. The section of the Act of Parliament under which the information was laid answers excellently the purpose for which it was framed, and without its assistance many a well-known thief would have escaped punishment, for the simple reason that the person with whose goods he was about to make free happened to come on the scene a few moments too soon, and before a larceny had actually been committed. It is plain that, morally speaking, a person caught just as he is about to appropriate his neighbor’s goods is as much a thief as though he had been arrested with “ the swag ” snugly stowed away in a sack ready for being passed out of the window. It is, wo may add, almost always old offenders to whom tho Act is applied, and rightly or wrongly, previous character is generally allowed to form an element in the case. But the whole gravamen of such a charge is the intent, and unless the magistrate before whom the prisoner makes his bow is fully satisfied that his object in being on the premises where he was found was to commit a crime, there should unquestionably be no conviction. It is clear that a man having perfectly innocent intentions may be found in places where he could have no possible right; and, as a case in point, we may refer to the very unpleasant position of Mr. Pickwick when he went to bed in the wrong room, after leaving his own to go for his watch. Had DicKßNs’ best and most loveable , character, instead of being allowed to bow himself out of the scraps and into the careful custody of Sam Wet.lee, been charged before a magistrate as discerning as the occupant of the Bench at Napier, we very much fear that his subsequent adventures would have been seriously interrupted by a few months’ spell on the treadmill. But we may be told that this Maori pleaded guilty, and that therefore he has, whether really guilty or innocent, only himself to blame for the misfortune which has overtaken him. We are inclined to the belief that his plea was entirely the result of a misapprehension, and that had the matter been fully explained to him, he would have confessed to being in a room where he had no business to be, but would have strongly and truthfully denied that he had any nefarious designs against the property of the lawful occupant. Tho inference to bo drawn from the facts as they have reached us is that he had no such design, and that the sentence he received was not merited. It is quite possible that an ignorant or nervous white man under similar circumstances would plead guilty to tho information, without being at all aware of the full force of what he was saying. Like tins Maori, he might only intend to say that he knew he had no business in the room, but it would be the duty of the magistrate to make him fully aware of the nature of the charge ; and wo can even imagine cases where that duty would go to the extent of declining to tako thojplea’ of guilty, and discharging the prisoner. But if this is so where people of our own race are concerned, with how much greater force should it tell when the accused is an aboriginal native, quite certain not to bo acquainted with our laws, or at all events not with the particular law he is charged with having broken, and almost as certainly not possessed of such a knowledge of our language as would fairly suffice for his defence. It may be that this Wairoa unfortunate had the benefit of an interpreter, and if so, his position was of course somewhat better than we have supposed. Still had he been tho best educated and aentost European in the land he should have been left in no doubt whatever as to the effect of his plea. We are under the influence of no mawkish sentimental regard for tho Maori race, of which sort of regard wo think there is still a great deal too much, but wo have a strong liking for fair play, and are altogether unwilling that our colored brethren should be treated to a scantier measure of consideration than would bo accorded to an Englishman. Putting tho moral aspect of the case entirely on one side, it is clear that sound policy demands that in all endeavors to accustom tho Maori race to a code of written and unwritten law differing so greatly from their ancient system, we should impress them with the belief not only that that law is in the main good in itself, but that it is equitably administered, and by persons possessing at least an average amount of brains and education. It should also be borne in mind that tho house where this occurrence took place is much frequented by the Maoris, and perhaps for that reason a littlo more latitude is at times allowed them than elsewhere. It would bo altogether improper and unwarrantable to suggest that tho fact of tho invaded room being tho sanctum of a high official made the magistrate view the conduct of tho

native with more severity than he would otherwise have done. We are certain that the gentleman in question would be one o£ the last to wish his official rank to be taken into consideration in such a case, especially where there is nothing whatever to show that the Maori had any knowledge that the room he went into was in the occupation of anyone. But as we have stated above, we regard the sentence as ail erroneous one, not because of its severity, but because, in reality, the offence which would have warranted it was not committed. If we are right in that opinion, and it is by no means an isolated one, but is held and has been freely expressed by some of the provincial journals, then this man should be released as soon as possible after the Native Minister or Minister of Justice hah had time and opportunity for making the necessary inquiries. Now that Mr. Sheeuan’s attention has been drawn to it he will of course do what is right in a matter which is of special interest to his department.