SUPREME COURT, AUCKLAND. The Native Outrage.

Waikato Times, Volume XX, Issue 1678, 7 April 1883, Page 2

SUPREME COURT, AUCKLAND. The Native Outrage.

' X.iVKRHJOB OB &W**l f rff The trial 'of Mahuki antt WfelW 'obstructionists QQenp&p&the o/jurtthe wh ° le of Thursday. We are indebted for the following report'ofUhdproccddings-to our ! Auckland morning cpitfemporary :— Tl>e court was crowded to see toe Maori prisoners* charged with, the '.outrage on Se surveyors" (Messrs' Hufsthoiis^and- 1 Newsham, in the K\ng Country. A considerable humber-ol spectatQKSjvrere waiting oit'tside-tifeJ cohMtt building (tM see them arrive. At, half-past nine the pnsonerswere brought in under an escort Of pOlice'kndkrntal'CohsUbulary.W \ ! The gallery of the- Court .was^qaoupied by about half-a-dozen ladies, bhortly Minister, entered the" g*Uery, and took his seat behind one of the spandnls of the rboff To thathe 'was partiallyxson-" cealed from.' the Opublio. g*2e. There were also ladies in the body of the Courts I>-J i / f .'>!'; i/ 5/ The following jury was empannellea to try the cause :— James Tait (foreman), Philip Hankin, Samuel White, William Hellaby, Georg*' ' BeiurhWt, > George Ashby, Nathanial WillocUs, John Spencer, John Keyes 1 , Alexander 6. Steele, Thomas Thomas, and John T. SkelW ' l ' - • ■ / , Mr John White abted as interpreter. "> ' The Registrar called to tjie, prisoners to stand and plead to the indictment, which he read m Engjish, • and- which was translated to the prisoners by the inter* ureter* y r -■ >_r - < i *' Te "'Mattuki, Tanu, ' ' Hone J Waikato, Natanhira, Niri' Waintii, P6ihipi Tukutarew.a, fPu,, Tohiraoga, , Hone, ..Tina Hamilton, Kite, , Hore Turiroa,' Hori 'Hohepa, Te Reki/Tamo'ra; Te Amotahi, Toroa, Poutahi, Te Bangihaeata, Ngawharan, .Te" Whata, rle v {W,aru.> and 'Paora, were arrainged upon an indict* ment charging them that they did Charles Wilson Hursthousc beat, aS| sault, and t ill-treat, and occasioned to h* i bodily harm, and other wrongs' did QgO^ mitto the great damage of him, 'the Charles Wilson Hursthonse. Te Mahuki, when called upon to pleaMJ raised his left hand a little, and said, 'Ta man who has a lame leg cannot hold it up." He was again challenged to plead, but he answered, " I have no word to say about it. 1 '" This was taken as a plea of "Not guilty." The , other , prisoners being challenged to plead, answered indifferently, that they "had nothing to say ;" "they had no word to speakj" and the like. „..,, Mr Hudson Williamson and Mr E. f Hesketh conducted the prosecution on the part of the Crown. Mr Earl appeared for the defence, and, upon the indictment being read, applied that the I 'case might' be postponed, as he had only received authority to appear at a lato hour the i revions evening. He believed that the " forcible entry" cafe could be taken with great convenience to all/parties. .''-,, r ei 'J The Crown. Prosecutor, opposed the application, on the ground that the facts stated in the depositions' were ' simple ; that there was no intricacy in the case. • His Honour said the depositions did,not disclose any difficulty in , mastering the facts in a very short time. He thought the grounds urged were not sufficient to justify a postponement of the trial. Mr E. Hesketh opened the case to the jury. Mr Hursthouso was the i^rst witness examined. His evidence Was substantially the same as that already published. Mr Earl cross-examined the witness at considerable length. Tke court adjourned at 1 o'clock for an hour. The Court resumed the sitting at two o'clock. Mr Hesketh, before the witness was further cross-examined, wished to bring before the court a matter which had occurred since the adjournment. It was, he said, in the mind of the court that Mr Earl had received the authority of the Government to appear for and defeud the natives, if they chose to accept his services. It had come to the knowledge of the Government that the natives did not care to accept the services of any counsel; and in such a case there was some embarassment caused to counsel for the defence and the further mode of procedure. Mr Earl said that he had met the natives that morning for the purpose of conferring with then) as to their defence. They said they were PWiliaka natives— that they belonged to Te Whiti and Tohu, that they did not recognise any authority except that of their own people^ < Indeed', it was very difficult to get from thdm'ji coherent'answer. They did not refuse the services of ar lawyer, although 'they did not give any express sanction;' ■ Hence he thought himself bound to appear. Mr Hesketh : I would suggest to your Honour that the prisoners be asked now whether they would have ■ the assistance of counsel or not. I may state thit Mr \V hi taker (Attorney-General) thought it right that this matter' should be brought before the court. It ought to be made perfectly clear. r< His Honour requested the interpreter to ask Te Malinki directly < whether ho wished to have counsel or not. The interpreter put the question as directed with the following result :—: — ;Te Mahuki : I am a Maori. There are three "dogs" in the Court — Hursthouse is the "dog" of Bryce ; "Newsliam is alsoja "dog". of the Government ; and Te'Wetere is a "dog" of the Government. I am Maori. ' The lawyer (Mr Earl) is -European. The jury is European. Hursthouse is European. The Judge of the Court is European. I have no authority to speak. His Honour : Tell him that the lawyer was intended for his good and the good of his companions so as [to see that they had fair-play. - Te Mahuki: I am a Vdog" ajso. I am Maori. The Maori dote follows ■ his master (or law). Hursthouse follows Bryce, and Te Wetere follows the Government. /Each "dog" follows his own lord or master. ' , \ The interpreter thought it' possible that Te Mahuki and the natives were afraid they would have to pay for the services of the lawyer. His Honour : Tell them they will not have to pay anything. That the lawyer is provided for their good — to protect them. Te Mahuki, in reply, said : I have nothing to say ; neither can* I say anything. The lawyer is European,' I am Maori. The wrong I have been brought here for is done.* If I did it I am prepared to suffer for it. I have no wish to have the wrong I may ' have done put upon another by the lawyer. If it is to do me good, let the lawyer appcafetp he 'likes to proceed in his work. ' > wm His Honour : Let the ' interpreter tell himr that the.lawyer was by tjie Government out of love forl him" and companions: r(lnterpreted'accordingly.) , Te Mahuki : The slain sheep has not sufficient' life to give authority. ■> His' Honour: It 'is 'quite plain the native does not assent to baying the services of counsel. '■ ' ' ' ' Tb.ejnte/preter put the question to the 'other natives" whether ! &ey ' wbtU'dWave the services of counsel, • and they replied "No." - - * Mr EarH: IDhop* your Honour will acquit me of any blame in this matter. His Honour : Oh, certainly. lam nowthinkfnghow.ifctis bes'tlto aot. \ In the abtonoe of counsel the duty of seeing to thelrightaof 'prisoners is" cast ujidn the s J.iidge. -MrVEarl might-Assist jthe court, <»nd be of u»3>to the prisoners by>>'/ watchin#:the case" for!the .defence.- He would not be abje.to examine >oi cross-examine, ibut hejtnighfcsuggest points of law, &c. Ca Mr"/EarL then formally, retired from, the !position.qf, counsel,, nbut ,'^watohed") the case as amfiutmnuea, «tj ?»n^ ky, • •& Q'jHis Honour said tH«.fpris<tt»ers were *t hberty.Jc4Qh, t {jQqe/ S ;to ! 'i'cross-«xami)ae My

. Hursthouse, but thoy:ha<l]ilothing to say, and declined to put any questions. VSftlliam Ifcwshtm was ;the next fitness examined. He narrated the progress m^do, by j the,, purvey party, Jroni Wahnnui s place to the place, where the attack, was made; He described the attack,', and pointed out several of, the, prisoners who took part in it. He, con-, firmed the evidence of ; tyfr Hursthouso.as tojthe tying up and chaining, and to the, pajtaiexperienced from the causes already detailed. , ; , • Te Wetere deposed that the survey party was placed under his charge by Wahnnui. When they came to Te JJjra, he saw Te, Mahuki'a party in front. There were a good many boys and < men, who , gathered round Mr Hursthouse. [The witness described the manner in which Mr Hursthouse and his chainmen were hustled.] He went to his assistance. (The witness detailed the treatment ,°f * ne surveyors by the natives.] He, wihie'ss, demanded the release of the surveyors.; He sent to Alexandra ,and Mokau for, relief. His messenger returned with Te Kooti and party, who released the surveyors and Te Hacre. Kahu deposed that he was the younger brother of Te Wahanui. He burst open the door with the relieving party. He saw the surveyors lying down. Te Hnerc deposed that he waB thrust into the hut where the surveyors were. He saw them chained and tied. They could not move their hands. It was cold. Witness was bleeding from a wourid he had received. He endeavoured to make a fire with bits of wood and burnt embers which he saw about. Some other evidence wus given as to the position in which Mr Hursthouse and his companion were found by the relieving party of Maoris. This concluded the case for the prose-, cution. The prisoners were told that they might state their case to the jury, but not one of them spoke a word. They had no witnesses. At the close of the case for the prosecution his Honour said that although it would be a considerable departure fiom ordinary praptice, ho thought Mr E;vrl might be allowed to address the jury, the prisoners having refused to say anything thenuelves. He thereupon invited Mr Earfl^address the jury if ho thought W kjßarl said that since His Honour's ruling that he could not appear without the clearly expressed consent of the prisoners, but that he might be heard as amicut citrix on any law point that might arise during the trial, he had devoted his nttention exclusively to examining the law on various points incidental to the charge, but had abstained from taking any notes of the evidence, or from preparing any address for the jury. Being so unprepared, he felt he was not in a position to address the jury upon the evidence. His Honour, before summing up, directed that each prisoner should be .isked whether he wished to say anything to the jury in defence of his conduct. Te Mahuki : No. We are the sheep of Te Whiti and Tohu. His Honour : Tell them that it is not good for a sheep to follow a foolish shepherd. Te Mahuki (his Honour's remark being interpreted to him) did not speak, butapJ>eared to bow low as if the remark of the earned judge sounded profane. The other prisoners s<nd they had nothing to say to the jury, or to the Bench, or to the lawyers. His Honor, in summing up, said : Gentlemen of the Jury, — The attitude assumed by the prisoners places both you and myself at n great disadvantage ; the prisoners' resolutely, aa you have seen, refuse to say anything — they refuse to plead— only saving that they nre "dogs" to Te Whiti and Tohu— their masters, whom they must obey. Indeed, their attitude was calculated to place all sides of the inquiry in something like a false position, which wns to be regretted, because it was possible that much might be said, not in justification, but in mitigation of the natnre of the acts that had been committed by the prisoners. In most crimes the intention of the accused is the essence of Ilia offence, and something piobably mieht be said in extenuation of the acts of these men because acting through ignorance, and probably on account of their fanati- ' ciam. The jury probably would be of opinion, from what they heard at this trial, that the prisoneis were animated by a desire not so much to hin t Mr Hursthouse as to asseit some fanatical ideas of their own. But so far as we can we must administer the Queen's law, British law, alike towards all persons and classes of both races living within this colony. Looking to the facts before you, you will please to consider what is the effect of the e\ idence. Te Mahuki appeared to be the leader of these natives. He gave the orders which the others obeyed. And if they performed criminal acts at his bidding, they and he were responsible. There is no evidence as to the particular person who pulled Mr Hnrsthouse off his horse. There is no reasonable ground of justification that can be alleged for the conduct of the natives. You have nothing to do with their ignorance and fanaticism. You must deal with these persons as if they were Europeans. The jury retired to consider their verdict at twenty minutes past five. At forty minutes past five they returned into court with a verdict of " Guilty " against all the prisoners. His Honour remanded the prisoners until Friday morning, when they will take their trial for unlawfully wonnding Te Haere.

FORCIBLE F.XTRY. The trial ot Messrs Walker and others is fixed for Monday next.