SUPREME COURT.

Temuka Leader, Issue 2115, 23 October 1890, Page 3

SUPREME COURT.

New Plymouth, Oct. 21

In the murder trial, in which Mahi Kai was charged with killing an old man named Maloney, the Judge summed up at great length. The jury retired at 430 p.m. to consider their verdict, and after an hour returned into court with a verdict of guilty, and a recommendation to mercy on account of his youth and alien race.

In answer to the usual question, the prisoner said : May I speak ?

His Honour: Tea. Prisoner: Why am I found guilty? His Honour: The jury have found you guilty. Prisoner: I wasn’t there. W hen all is over I will say who was the person who did it. The reason why I did not speak before is because he is a Maori like myself. I did not speak before because I was in the hands of my lawyer, who was defending me, and according to Native custom, I wanted to defend the man who committed the crime. It is a native custom to save your own people if possible. This individual brought me the things for which I was taken to gaol. According to Native custom, when a man condemned for what a relative does h© is to keep silent. His name is [name mentioned]. It was be who killed him. This is all I have to say. He is the man who gave me the things, and he committed the crime. His Honour then addressed the prisoner as followsMahi Kai, you have been found guilty of the crime of murder. You have had a most careful trial, and a most intelligent jury and a most able counsel. I certainly agree with the verdict of the jury. The jury have recommended you to mercy on account of yaur youth and on account of your being of the Native race. That recommendation shall be sent to those who have the power to act upon it if they think fit. It does not rest with me. I have only to pass the sentence of the law. His Honour then then sentenced the prisoner to death.

Oct. 22

The Minister of Justice has giver Mr Samuel permission to see Mahi Kai in gaol with reference to what he said yesterday, when he accused another Maori ot committing the murder, before sentence was passed on him. Counsel for the Crown is likely to accompany Mr Samuel. The statement of the prisoner will be taken down in writing by an interpreter in the presence of the gaoler. Jn the ca ß ® °f Emanuel Hanna, charged with indecent assault, Mr Justice Connolly held the indictment tq bp bad, and released the prisoner, Mr Jellicoe appeared for prisoner.