The Ngaruawahia Murder.

Thames Star, Volume VII, Issue 2577, 11 April 1877, Page 2

The Ngaruawahia Murder.

Te Patui Sentenced to Death.

In the Supreme Court of Auckland yesterday, before His Honor .Judge Gillies and. a common jury, Te Patui (18), a native, described as a labourer^ was arraigned upon an indictment, charging him. with feloniously and wilfully murdering Samuel Morgan, on the 20th of Febdtary last. The prisoner, through Mr Brown, the native interpreter, pleaded not guilty. Mr.Heiketh defended the prisoner. Mr Brookfieid, Crown Prosecutor, detailed the circumstances of the crime, which were fully borne out by the evidence adduced, most of which was similar to that elicited at the.CorOner's Inquest. Mr Hesketh made an able defence for the prisoner. , His Honor, in summing up the evidence, told the jury that they were bound to consider the case in accordance with law, with English^law, and not according to Maori law or Maori customs or ideas. Wilful murder in law implied malice aforethought, and the question as to what was lawful provocation, was clearly laid down. The prisoner admitted that he killed the man, Morgan with' a tomahawk; the defence set up was that the surrounding circumstances wereof such a character as to warrant the reduction of the crime of'murder to one of. manslaughter. His Honor also shewed that no language, however strong, was sufficient to-justify murder. His Honor then pToceeded very .carefully^ tb investigate the remark upon the facts of the case, and said that the jury' were bound to administer the law as it is, biit if they saw any reason for reducing" the crime to one of man slaughter they were bound to give the prisoner the benefit of that doubt. _.. The jury retired it 2.50 to consider their verdict, and returned at 3.15 with a verdict of V Wilful Murder." .„,... „.■„■..

On being asked if he had anything to say why the sentence of the Court should not be passed upon him, prisoner said "No." His Honor, addressing the prisoner, said, after a patient trial and an able dofence by counsel, the jury had found him guilty of wilful murder. Such a treacherous killing in cold blood is, according to English-as well as Maori law, murder, and he musb know according to these laws, the punishment of the crime of murder is death. The sentence of law which he should now pass (here His Honor put on the black cap), was that he be taken to the gaol from whence he came, and there to be hanged by the neck until he was dead.

The prisoner evinced no emotion, and was then removed. - ,