The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-12-29
AUS RALASiA
Trial Of The Maori Rebel Chiefs for
High Treason.
~.>.>,s~y,>~-~~ooo~~-o>~
The Flag of Revolution at the
Antipodes.
Testimony on Behalf of Queen
Victoria.
Guilty---To Re changed, Beheaded
and CHARTERED"
Native Treason.

The great event OF the last month has been the
trial OF several of the rebel aaoris.
The trials commenced on the goth Of september
and have continued with short intervals up TO the
present ume Three OF the Poverty Bay rebels were
first brought MP a charge OF high treason; their
completely in acts OF rebellion aud murder was
clearly proved, and they were sentenced 10
undergo the most extreme penalty OF the
law IL is matter Of regret to almost every men,
Der Of the community that the necessity OF pro-
nouncng sentence after the old form established by
English law had not been removed by legislative en-
actment. Our civilization revots rom the parallel
which may be drawn between the horrible mutla-
tons OF their victims by the Maoris, which we so
alphabetically denounce and the sentence OF barbai-
Gus mutilaton after death 10 which the law deliDe
ratefy conslgns those condemned for tie crime or
high treason.
The proceedings are recorded thus
SUPREME COURT CRIMINAL sITTISGs SEPTEMBER 20.
Before his Honor Mr.. Justice Johnson.
The case 10 be tried to-day was essentially most
important one to the colony, and was fellfd9tet
IRON the quarterly sttlugs which were held az usual
the ls instant Tor the trla OF criminal cases and
the rising OF the Court on the 4th Instant after
The disposal Of the other cases contained in the cal
endar, his Honor, on the application OF the Attorney
General on the part oil the crown, ADJOURNED the SIT
tings until to-day, at wuich time ms Honor directed
thai the native prisoners HetarSi lie okau, Rewi
Tamanm Totitoti and Mateue karo, against whom
bill OF Indictment FOR tue ne.nous ana very seri
charge Of high treason had been found by the
Grand Jury on the Isl INST should be brought up
Tor trial. The importance OF sueh trial mad very
naturally excited public curiosity and attention
and mad therefore surrounded the case with solae
what greater degree OF interest man asual and The
consequence was that the lower rs well AS the upper
gallery both OF which are appropriated Tor the ac
commodaton OF the general public, was denSely
crowded, while the seats and benches III the body
OF the court, which, however afford but very
limited accommodation. were also all OF them filed
Among the audience both III the galleries ana BODY
OF the court. a great number uf MAOfles
present.
nEGINA vs. nRrARIKt TIE oIKAu, KEwI TAAAsUI
ToTiToTI AND 1ArgEE rE KARo-sEBELLION.
The prisoners were charged Win rebeiliou--or, as
the law does NOT exactly recognize that term--ve
ought perhaps, more correctly 10 coll H. III judicial
parlance, nigh treason.
the interpretation OF the proceedings aad OF the
evidence was. by the direction OF the Court
0ered 10 DC entrusted 10 ana conducted by Mr. Ba-
ker, clerk 10 the resident magistrates court and
Mir. Young, clerk IN the Navy Department. 10 each
OF whom the oath was duly Administered.
The empanelng or the jury was thsn proceeded
with. and Nj. Baker Instructed % tue Court 70
Inform tue prisoner that as the nalues OF the ury-
called and before they took their sealJs IN
the jury box they 1.-The prsonersl could
object 10 any OF taem, II they fell inclined 10 40
80. The prisoners appeared TO be very anxious 70
take advantage OF this power or privilege 50 mucn
So in fact, thai they Challenged nearly every Jury
man that was called, until a. last the Court vested
the discretion OF the challenge IN Mr. Allan the prs.
0ners' counsel The prisoners VINO are somewnat de-
sermned looking characters. and who appeared to oe
quite indifferent about the position In which they
were placed and we're part OF the lie koos mob who
committed such hearuending aud atrocious murders
and depredauons on the East coast some mouths
ago were then put upon their Trial, and we're ar
ragned under an indictment Tor that they DID on tue
lOn day Of July, 1865, and at divers other levy
and make war against the peace or our Lady the
queen, her crown and dignity, and against t1c form
OF the Statute IN such cases made and provided.
fne Attorney General, assisted uy Mr.. lizard. con
Quoted the prosecution on behalf VI the crown and
Mr.. Allan, who had been requested by the Court 10
undertake the defence Of the prisoners consented
30 DO so.
Mr.. Travers had also been requested by the Court
To assist hr. Allan IN the defence OF the prisoners
but, consequence OF extreme and urgent pressure
ol very Important business was Obliged TO refuse
assisting In the defence.
The indictments having been read over 10 the
prisoners by the Registrar ol the court III English
ana afterwards translated TO them by Mr.. baker
into Maori, the prisoners seyeray pleaded ''Sot
guilty"
The prisoner Hetarki lie Oikau was very much
tatoUeo and appeared TO be between forty aud nifty
years OF age; kewi iaInanul Iottot between TWEEN
D-iive anu thirty. ana Matene te karo between
twenty and twenty-five years OF age.
The Attorney General opened the case on the part
Of the crown and stated tnt aoupaess In the
OF the proceedings some difficulties would present
themselves with regard 10 the want or civilization
III the prIsoners but with regard 10 telr being SUBJ
Iects OF her Majesty. or Brush subjects and as SUCH
had avled and made war against her Majesty, he
thought that he should clearly ana substantially
prove by the evidence that would he anduceu. BY a
very old statute II IS declared that those VINO levy
war against her Majesty ana within ner realm snail
he deemed guilty or nigh treason and the same
statute also SAYS anu pruvides that whether the
acts open or IN secret sun the offence ana crme
lnS same, where the object Is the SbyeTsiuu
government or the dissolution VI the BONDS OF
s0ciey. II he tine Attorney GeneraD should succeed
IN establishing that the acts or he prisoners were or
q nature as he had lust described IL WouIJ be
the duty OF them tine jury TO Ind the PRISON.
ers guilty The Attorney General then proceeded
10 draw % distinction between The prisoners IN ehc
extent that Malepe te karo was not Joined with the
other two prisoners at the commencement but that
ne subsequently, joined them; WINE the other two
prisoners, uetaflki lie 0ikau and Re.i Iamanu
yoLiGOt, were Two OF the pnsoners that had escaped
1rom the Chatham Islands and VINO lande4 Ia Pow
ety BAY Ia July, 1865, aud had from that time until
LhtH apprehension or capture been been engaged ia
acts 81 rebellion Messages or Invitations had been
sent TO them 10 ask them u come IA and give up
their arms. ana that they refused TO do So IL wonld
be shown from TIE evidence that would be produced
Oh ooth sides, that s by the evidence that would be
gwen by some OF those employed IN colonial forces
ana by the evidence or three or four women who
we're with the rebels themselves that as The colonial
forces and rebels advanced 10 meek each other tnat
tue rebels sent the women who were win them 10
the rear, aud their lighting men to the front AMI
that all the prisoners were present tnat OCCASION
colonial forces and the rebels, whose ranks ha been
very considerably Increased ana numbered neatly
300 men IN all.
His Honor then charged the Jury.
The Court directed tnat the prisoners should he
asked u they had anything 10 sag 70 the jury before
they retired TO consider their verdict ne mad ior
gotten TO ask tnem II they wished 20 epeAs 10 the
JGry after their counsel, according q custom which
seems 10 nave prevailed in Eng in cases Of nigh
treason,
The jury having retired to consider their verdict
were absent about quarter OF an hour, and then re-
loreman II they were all agreed upon Their verdict
The Foreman tMr. Charles Russel-Yes
The names OF the prisoners were then put Bcpsr.
ntcy 10 the JnIy by tue Registrar, anu the answer 10
each question az IL was put was Ia cacn case
emily without dissennent voice.
Tho verdict VI The Jnry was thrn by the direction
OF the Court interpreted 10 each Of the prisoners ~
Mr.. Baker, and Iney were then seyeraly asked
whether either or them hal anything 10 say why
sentence Of ueath should NOT be passed upon them
according To law.
lletarNi and Rew, each Of them, replied in the
negative but Malcne SAID that be wtsned to say
something. What Bs said Interpreted TO tho
Court by Mr. Young, ana was 10 the elect mat NJ tnp
beginning OF tie war he mad fought on Tie side OF
che Europeans under richardson. lie then went 81,
to say:io kootl was tue cause nf my crime. did
not WISH TO 40 10 his god, and when tod hitn so 40
asked whyf replied To him. az our god IL god
that teaches you 10 steal guns.u lie SAID ~ VIII
XIII you u you do not listen TO what have 10 -
ana he shen appointed two OF bis soldiers stay me.
men smd To niin, MY gong WIN you rs moi gong
with your Eod.n He theB said 10 the two men
whom he tad appointed to XIII me, "LooS after thli
man and ne attempts 10 run away XII hlm." and !