THE Evening Star. Resurrexi. SATURDAY, APRIL 16, 1881.

Thames Star, Volume XII, Issue 3837, 16 April 1881, Page 2

THE Evening Star. Resurrexi. SATURDAY, APRIL 16, 1881.

IW;E cannot say that we are surprised at ithe result of the finding of the jury,in j!the case of Procoffi. However right'the justices who sat on the preliminary j enquiry were in committing the accused for trial, the evidence then produced was insufficient to convict. Ifc will be seen from a perusal of the proceedings before I Judge Richmond that very little new evidence was laid before the jury on the part, of the prosecution than was elicited at the preliminary investigation, while for the defence one witness, Taylor, gave evidence that at the time the was Supposed to have taken place the accused was a long distance from the place where the murdered roan was' found. In addftessing the jury for the defence Mr Brassey is reported'" to have collated different portions of the evidence'of the . witnesses withlthe view of .showing—(l) That their statements varied so as to affect .their credibility; (2) that the Maori witnesses must have been biassed ; (3) that the medical evidence was made jointly by two witnesses, aud not sepa« rately by each; (4) that microscopic examinations of the hair would bo a dangeroas reason for taking away a man's life; (5) that a certain amount of suspicion attached to the finding of the rings, and also to the statements of the police when interpreting'for their purposesl particular facts. Oh the other hand tire Crown Prosecutor called the attention" of the jury to all the acts of the prisoner and the witnesses which led up to the" time of committing the offence. The prisoner had been drinking, and the Maori had been drinking more or less. The jury would hardly be of opinion that the Maoris and Europeans had formed a conspiracy to hang the prisoner. First ■came the agonised cries. The prisoner's clothes were identified by many witnesses, | who spoke to him for several minutes. Then there were the clothes with blood ; the washing his clothes by the prisoner in the middle of the night; the, finding of the ring belonging to the Maori.the next day; the discovery of the other rings in the burnt whare; the blood on his boots, and the prisoner's endeavour to divert the attention of the. police and the doctors. While these facts all go to prove a strong chain of circumstantial evidence, yet it will be apparent to the most superficial observer that none of them are , sufficient; to convict a man of committing the very serious crime of murder. In fact the judge addressing the jury admitted that the evidence consisted of a number of minute and independent circumstances, anyone of which would have very little weight; in fact, some of them might have absolutely no weight whatever. After very carefully digesting the evidence, the learned judge told the jury that if they had any reasonable doubt as to the guilt of the prisoner they would give him the benefit of the doubt. The result shows that the recommendation was followed, while a telegram further states that a majority of the jury were of opinion that there was insufficient evidence to convict, and that it was the obstinacy of the minority that prevented their finding from being handed in without the necessity of one night's deliberations. The remark that ihe natives are very dark or displeased with the verdict is, of course, of little consequence, and is just as might be anticipated from men smarting under the loss of a relative, and. according to their customs, desiroua of

having blood spilt for blood, whether the Tictim be deserving of the punishment or not. We believe that a fair and impartial hearing has been given to the case, and such a conviction will force itself upon the Dative-'mind* when a little time has been taken for reflection.