| Newspaper Report | Queen v Maketu
New Zealand Herald and Auckland Gazette,19 January 1842, p2
Translation
The resolution agreed upon by the Chiefs of Ngapuhi, assembled at Paihia on the 16th Dec., 1841.
First - This Assembly declare that they did not know the murderous intention of Maketu towards the Europeans; his resolution was his alone; and the Chiefs of Ngapuhi declare that they have no thought of rising to massacre the Europeans living in New Zealand, and their hearts are sorry because the Europeans have thought that this is the desire of the natives.
The Assembly declare that they will strongly protest against this murderer, Maketu, being brought back to the Bay of Islands.
Pahihi, 16 December, 1841
Governor - We, the Ngapuhi, have assembled at Paihia to consider the reports that have flown about in the wind. The reports are many, and are now caught. Governor, we are quite downcast with the work of the tongue. Now, the work of Maketu lies quite plain - that deed was his alone, although the Europeans are jealous, supposing that we, the natives, have a heart for mischief. No, no Governor, we have no mischievous intentions towards the Europeans - it is all regard - it is true formerly we had a heart now we have not our old hearts for slaughter and murder. No, Governor, here are the resolutions of our Assembly forwarded to you that you may fully see the greatness of our hearts for mischief or not.
Sir, Maketu's work is his alone - his own, we have nothing to say for him - that man is with you, leave him there; do not bring him back here to us, lest there be a disturbance - leave him there. Governor, do not listen to the reports that have flown about in the wind. Whose reports are those? They are from Korongohi Haurangi - from himself. We have heard that all the people have forsaken the word of God; no, Governor, it is false, it is a falsehood of the tongue.
Sir Governor, let your regard be great for us, the children of the Queen Victoria, the Queen on England, of Europe also, Now this is the word of the book, "Love one another". This is a good word. Show us the greatness of your regard to us and our children, and we shall all turn without one exception to Victoria to be her children; but if not, what shall w do? Governor, here we are sitting in ignorance; we have no thoughts you are our parent. Do you write a book to us, a book to raise us up who are sitting in darkness, in the woods or elsewhere. We have no mischievous dispositions towards the Europeans; no, no. "Love one another"
(signed)
Kemara
Wai
Toru
Waihati
Repa Tupe
Manuhiri
Hakiro
Wipiri Hotorenemene
Tao
Parangi
Rewarewa
Harehongi
Tareha
Te Hirapure
Manu
Paerau
Papata
Wiremu
Huarahi
[there is also another letter almost a transcript of the above, signed by Maketu's father, Pomare, Thomas Walker, and others]
New Zealand Herald and Auckland Gazette, 2 March 1842, p3
NEWSPAPER REPORT STARTS PART WAY THROUGH CASE BECAUSE THE NEWSPAPER ISSUE HAD MISSING SECTIONS.
Tuesday, 1st March 1842
[Maketu]. Thomas Spicer was then called and examined, who said: He was a storekeeper and resided at Kororarika; he remembered the house of Mrs Roberton being burnt on the 20th December last; he went there on the 22nd December and saw four dead bodies, two grown up and two children, he saw the body of Thomas Bull; there was a cut on the left cheek from the ear to the mouth; he went again to the island on the 24th, and in consequence of information, he went a third time, and the prisoner at the bar was pointed out to him as the murderer of Thomas Bull. I went up to the prisoner a little after and asked him if he was the murderer of Thomas Bull and the other people. He gave me no answer then. I asked him several times in the course of the day, and at last he acknowledged he had murdered Thomas Bull with an axe, previous to burning the house, that he killed two children before he killed Mrs Roberton; he then killed Mrs Roberton; a little boy ran the back way out of the house, he followed and overtook him, and laid hold of him by the arm and threw him down a steep rock. This prisoner at first said when the deed was done there were plenty of people on the island, but denied it afterwards; he said Mrs Roberton had sworn at him; and that he had done the murder and was willing to die for it.
Mr Brewer then rose and examined Mr Spicer who said he did not understand ever thing that was said in the native language. Witness might have said it would be better for prisoner if he did confess. I arrested the prisoner.
The Attorney General then rose and asked witness was he sure that the statement he made was what the prisoner confessed? He replied he was sure that was he had said was correct.
Re-examined by Mr Jones, a juror. Did you ask the prisoner any questions in English? I did not, as I thought it was no use to speak to him in a language he did not understand.
Mr Clarke, junr., then read Mr Spicer's evidence to the prisoner.
Tohu (common called Charley Penny), was then called and Mr Brewer wished the question to be asked whether he was a Christian? Mr Clarke, jun. asked the witness whether he was a Christian? He replied not. Mr C then asked witness whether he believed there was a God? He believed there was a God, and if he spoke falsely he would be punished. The witness was then sworn, but did not kiss the book.
The Attorney-General: Tohu, are you a native chief? I am.
Attorney-General: Where do you live? At Paroa. Do you recollect the house of Mrs Roberton's being burnt? I do; it was on a Saturday. I saw Maketu before the Saturday; I saw Maketu on the Friday. I saw no one on the island but Maketu, and asked him whether he could have his canoe towed behind ours; but he, Maketu, said he would not, as it was blowing hard. I spoke to prisoner several times since, but he would not answer me.
By Mr Montefiore (a juror): Did witness see any Europeans on the island beside the prisoner? Witness said he only saw Mrs Roberton, two children and Thomas Hull.
E atohu, an aged chief, was then examined: I am a chief, and live near Roberton's Island; I remember the house of Mrs Roberton being burnt on a Saturday. I did see the prisoner on the Monday after the fire, at my own place. Prisoner brought into his house, part of a bag of rice, the umbrella and a watch. There was a satin of blood on the bag of rice, I suspected the prisoner had been murdering some people. I did not know on that day, Tommy Bull had been killed. I supposed the goods I saw with prisoner, came from the house that was burnt.
Mr Brewer examined witness: Did you see the prisoner bring the rice and other things to his place? I did not - the men of the place told me the prisoner brought the things.
E Hoa, a chief was then called, and said: I live at Kororarika, I remember the house of Mrs Roberton being burnt; I saw four natives on the island but did not see prisoner; I saw prisoner on the Tuesday [?]; I saw him I knew that Tommy Bull was dead [?] and nothing to me about the murder; when I [?] [?] he had part of a bag of rice, a watch and an umbrella with him. I knew then the property had belonged to Mrs Roberton; I had seen them before at the island at Mrs Roberton's place, I am quite positive I saw them at Mrs Roberton's place.
Cross-examined by Mr Brewer: Where did you see the things? The prisoner had a watch, a shirt and an umbrella; I saw him put them in a canoe; I saw him bring the things from the burnt house.
Witness: when I said I saw prisoner on the Saturday I meant I did not speak to him.
John La Cour was then called, and deposed that he was a medical man, and he had a post mortem examination of the body of Bull; there was a cut about the size of this axe (producing an axe about six inches in depth); there was another cut which would have caused instant death; the deceased was in the position of a person asleep - the legs slightly bent, and the eyes closed.
Mr Clarke, jun., then read the prisoner the evidence of Mr La Cour.
John Wheeler King was then called and examined: I am a resident at the Bay of Islands; I have a general knowledge of the language; I have resided there the whole of my life; I was present at the inquest held on the body of Thomas Bull; I was employed at the inquest as interpreter; what was said by the prisoner on that occasion was put down in writing (the Attorney-General then handed witness the document referred to, and asked was that his signature? Witness said it was.)
The Registrar then read prisoner's confession, which he prisoner, made at the inquest.
Mr Brewer cross-examined witness: I was not present at the whole inquest; I told prisoner he was not compelled to speak without he liked.
Mr Brewer said he objected to the admissibility of the last witness, as he though it to be the duty of the Coroner to have cautioned the prisoner; if he (the Coroner) did not know the law, he ought to have known it.
The Attorney-General said, had he (Mr Brewer) proved there was no caution given, he might raise an objection but he (Mr Brewer) had failed to prove that.
Mr Spicer was then [?] and asked if he was on the Jury? He said he was and recollected the coroner cautioning the prisoner as to the effect of his confession.
Mr Brewer rose and said he objected to the evidence of Mr Spicer, in consequence of him saying in his evidence, he might have said it would be better if he would confess, and cited law cases to show that Mr Spicer's evidence was not admissible.
The Attorney-General then replied to Mr Brewer as to his objection and as Mr Brewer had no witnesses to call, the Attorney-General rose and addressed his Honor and the Jury at some length.
This closed the case for the Crown.
Mr Brewer then rose and made a very relented [?] and lengthy speech on the part of the prisoner, when His Honor having summed up the evidence; the Jury retired and after a few minutes deliberation returned a verdict of Guilty.
Sentence, as in the previous cases, deferred.
New Zealand Herald and Auckland Gazette, 5 March 1842, p2
Thursday, 3rd March
This has been the day of passing sentence upon the prisoners tried during the present sittings of the Supreme Court, the Court was filled at an early hour.
His Honor the Chief Justice took his seat shortly after 10 o'clock, when
Maketu (guilty of murder); sentence, Death.
[The following speech (which will be perused with interest by our readers) addressed to the jury by C.B. Brewer, Esq., counsel for the native Maketu, we insert it in this number, as our space would not admit it in the last.]
May it please the Court - Gentlemen of the Jury, in rising to address you in defence of the unfortunate prisoner, I feel the importance of the duty that devolves upon me, and I deeply regret the very short period that I have had to prepare myself for it. I was only retained this morning, about an hour before the trial came on; I have had no opportunity of communicating with my client, nor did I see the depositions before I came into Court this morning; still notwithstanding this, I trust the trial I have, to the best of my abilities, done my duty, and will still continue to do so. This, Gentlemen, is the first case in which a New Zealander has been brought before our Courts, to be tried by our laws. Altho' the objection I took to the jurisdiction of the Court, on the ground of the prisoner's ignorance of the penal enactment of our law, and of his having no possible means or opportunity of understanding them, was overruled by the Court, still, I must insist that those circumstances ought to have some weight with you in the verdict which it is your duty to return. The prisoner, gentlemen, is charged with the crime of murder, - that charge is supported partly by the evidence of Europeans, and partly by that of Native Inhabitants. The Attorney-General relied greatly on the fact of one of the Natives, E Wai, having disposed to seeing the prisoner bringing a bag of rice from the house of Mrs Roberton. I think, gentlemen, very little reliance can be placed on the testimony of the witness in that respect, particularly as he completely contradicts himself in the former part of his statement, where he says, that on the Saturday when the house was blazing he was on the island; there were only himself there and four other natives - the other natives were of his own party; this witness also identifies an umbrella as belonging to Mrs Robertson - he says he had seen it before at her house. He does not know it by any marks, but simply knows that it belongs to her. On the absurdity of a person knowing a particular umbrella, but without its having any particular mark, and swearing to it, I need not dwell, as there are so many umbrellas in New Zealand. The principal, and, in fact, only evidence against the prisoner is his own confessions - first to Mr Spicer, and secondly before the Coroner. The confession to MR Spicer I do not think is entitled to much credit. Mr Spicer does not perfectly understand the language; and, to say the least, Mr Spicer was rather too importunate in obtaining it. The confession before the Coroner seems to me only a continuation of that to Mr Spicer. - I do not think either ought to have much weight with you. But, gentlemen, supposing both concessions to be admissible, did the prisoner sufficiently understand the consequences of making them? - Could he be aware that upon them he would be convicted, and that on conviction so heavy a penalty as death would follow? If he did not fully understand the fatal consequences of making such admissions, may he not have made them with a view of screening others? Is it not possible that, not knowing the fearful results to himself of such admissions, he may not have told the truth? It is a remarkable fact that those confessions are only made to Europeans; not to a single one of the Maoris who were examined to-day did he confess the murder. Is it not probable, gentlemen, that if the admissions made by him were correct and true, he would have been more likely to have made them to his associates, and those of his own nation particularly, as with them, or at least some of them, the crime he is supposed to have committed would not be looked upon with so much horror as by the Europeans? Where there is any doubt as to the guilt of a prisoner, the humanity of the law of England always directs that the benefit of such doubt should be given in favour of the prisoner. Are not these circumstances sufficient to raise a reasonable doubt as to his guilt? No one saw him on the Island on Saturday; no one saw him go away from it. Might he not have gone away before the Saturday, and other parties have committed the crime? He is only first seen afterwards on the Monday - We have no evidence as to where he was in the mean time. What other evidence is there against him besides his own confessions? None. Captain Barber proves nothing against him; nor do either of the Natives except E Wai. Upon E Wai's evidence, for the reasons I have above given, I place very little reliance, it is so contradictory. Gentlemen, I have, to the best of my ability, endeavoured to point out to you all the circumstances in this case favourable to the prisoner. It will be your duty after the summing up of his Honor the Judge, to return your verdict, whatever that verdict may be, as I feel confident it will be strictly according to your conscience.
Te Karere O Nui Tireni , April 1841, pp13-17
The trial of Maketu
On the first day of March, the trial of Maketu begun, there were many Maori and Pakeha there, gathered in the courthouse. The courthouse was also full of those who just wanted to listen as it was such a big case; Now, the Chief Judge then appeared and sat down, - he said "call the prisoner, Maketu", The constable went and got Maketu, and stood him in front of the Jury. Then Te Purua stood up (this is the man standing for Maketu) and said 'I am the prisoners representative, is it right for him to be judged by us, as he is a Maori?" "and, does he even know the requirements of the laws of England?" The Queens representative then stood up and said, "yes, it is right that he be judged, as the Queens book has been widely discussed, which says, that there should be one rule for all people of this land, whether Maori or Pakeha.." The Chief Judge then spoke, he said that was true and it is right for him to be judged. - Mita Karaka was sworn in again, stood up and told Maketu what he had been charged with, interrogated him and said, "Maketu! How do you plea? Guilty or innocent?" Maketu replied, 'I am innocent!" Therefore, the chief Judge spoke to Maketu, he spoke to him about the process of the trial and Mita Karaka also translated this to Maketu, afterward "Te Karaka" (senior) was sworn in again as a co-translator for his son, after this some law abidng people from the audience were called up as the 'Jury' - Mita Karaka stood up and spoke to Maketu; he said to him "these moral people that were called up are these "Twelve" [jury] are here to help the process of the trial, if you are wary of them, or of one of them, it is up to you to object to them as they walk up to the bible to be sworn, before they are sworn in. And then your testimony will be heard; "they will been sworn in, the 'Jury' will be sworn in and be seated, they will then listen, their role is to decide whether the person is guilty or innocent: Now, the representative for the Queen stood up and spoke to the those who had gathered to judge the lawfulness of this murderous action of Maketu, he said, "Maketu's testimonies on this crime against this person and that person have again changed, as has his plea". In addition the calling of witnesses has begun, when Hoani Papa was called, he stood and said, "I am a ships captain, I also saw the fire burning at Motuarohia, and I rowed over there, when i got there the house had already burnt down and I saw three corpses, an elderly person and two children, lying in the fire. I then returned to Kororareka (Russell) and spoke to the chief constable. In the morning, I returned to the island, and upon my arrival I saw another corpse, a man, covered in a blanket and sail, he died from a wound. The wound started at the neck and came out at the lips, the corpse was lying flat, like he was asleep, in my opinion he was wounded by a hatchet." Then, Mita Karaka stood up and Hoani Papas testimony was translated in to Maori for Maketu, then Tamati Peihana was called up, he stood and said, "I am a buyer, I live in Kororareka (Russell), I remember Mata Ropatanas house burning down on the 20th of December; and on the 22 of December I went back there and saw four corpses, two were elderly and two were children, I also saw the body of Tamati Puru, who had a wound on his left cheek, from the ear to the mouth: on the 24th o December I went back there again, for the second time, upon my arrival these people pointed out the Prisoner to me who had admitted killing Tamati Puru, and so i went up to Maketu and said to him, "is it true that you murdered Tamati Puru, Mata and the others?" However he would not admit it, and so I continued to chastise him and then he finally admitted it "Yes!" - I murdered Tamati Puru, I hit him with an adze before lighting the house on fire, and I also killed both of those children and the adult female! One child ran away, I followed him, caught him and threw him off a cliff!! Mata Ropatana also swore at me, that is why I killed him, it is only proper that I be executed, for revenge". Te Purua then stood up and examined the witness, he asked him a lot of questions, and Te Paihana said to Te Purua, "I will never totally know all the words in the Maori Language, I don't remember what i said to the Prisoner either. But whether or not he admits it - I caught him." The Representative for the Queen then stood up and examined the witness, he said, "is it true that your statement corroborates Maketus testimony?" the Witness responded "yes, it is the same as that testimony." Then one of the "Jury" members asked, "did you talk to the Prisoner in English?" to which he said "no". Mita Karaka translated this to Maketu, and then he was stood down. After that Tohu was called up, and Mita Karaka said to him, "are you a Baptist?" Tohu replied by saying, "No". "Well do you believe there is a god and all those who lie to him will perish?" "Yes I do believe there is a god who punishes all who lie." And from there, Tohu was sworn in to tell the whole truth. The Queens counsel then stood up to question him, and asked "Are you a Maori chief?" "Yes I am". "where do you live?" "in Paroa". "do you remember when Mata Ropanas house burnt down?" yes I do, the house burnt down on the Saturday" "when did you see Maketu?" "Before the house burnt down, on the Friday." "When you saw him, was there anyone with him?" "no, he was alone." "And how were you toward him?" "I said to him that it was not all right for him to tie his canoe to our helm? However he did not listen as it was so windy. I had a lot to say to him after this, but he did not reply." Next, one of the "jury" asked a question. He said "When you saw Maketu on the island, were there no Pakeha there?" "perhaps there were Pakeha there, Mata Ropatana was there with his children and so was Tamati Puru." Tuahu was then called up. He again swore to tell the truth; and so the Queens counsel stood up and asked him "Are you a cheif?" "yes I am" "where do you live?" "close to the island of Mata Ropatana." "do you remember his house burning down?" "yes I do" "what day did it burn down?" "on the Saturday" "did you see Maketu?" "yes I saw him" "when did you see him" "on the Monday, after the house burnt down" "where did you see him" "at my house perhaps, he also brought a bag of rice, an umbrella and a watch to my house." "were there no marks, dirt or anything on the bag of rice?" "One side of the bag was soiled with blood" "were you not suspicious of Maketu?" "I was weary of him, I did think that maybe he had hurt somebody" "did you not hear about Tamati Purus murder?" "I did not hear of Tamati Purus death that day" "what did you think about the things that Maketu had with him?" I killed him, it is only proper that I be executed, for revenge". Te Purua then stood up and examined the witness, he asked him a lot of questions, and Te Paihana said to Te Purua, "I will never totally know all the words in the Maori Language, I dont remember what I said to the Prisoner either. But whether or not he admits it - I caught him." The Representative for the Queen then stood up and examined the witness, he said, "is it true that your statement corroborates Maketus testimony?" the Witness responded "yes, it is the same as that testimony." Then one of the "Jury" members asked, "did you talk to the Prisoner in English?" to which he said "no". Mita Karaka translated this to Maketu, and then he was stood down. After that Tohu was called up, and Mita Karaka said to him, "are you a Baptist?" Tohu replied by saying, "No". "Well do you believe there is a god and all those who lie to him will perish?" "Yes i do believe there is a god who punishes all who lie." And from there, Tohu was sworn in to tell the whole truth. The Queens counsel then stood up to question him, and asked "Are you a Maori cheif?" "Yes I am". "where do you live?" "in Paroa". "do you remember when Mata Ropanas house burnt down?" "yes I do, the house burnt down on the Saturday" "when did you see Maketu?" "Before the house burnt down, on the Friday." "When you saw him, was there anyone with him?" "no, he was alone." "And how were you toward him?" "I said to him that it was not all right for him to tie his canoe to our helm? However he did not listen as it was so windy. I had a lot to say to him after this, but he did not reply." Next, one of the "jury" asked a question. He said "When you saw Maketu on the island, were there no Pakeha there?" "perhaps there were Pakeha there, Mata Ropatana was there with his children and so was Tamati Puru." Tuahu was then called up. He again swore to tell the truth; and so the Queens counsel stood up and asked him "Are you a cheif?" "yes I am" "where do you live?" "close to the island of Mata Ropatana." "do you remember his house burning down?" "yes I do" "what day did it burn down?" "on the Saturday" "did you see Maketu?" "yes I saw him" "when did you see him" "on the Monday, after the house burnt down" "where did you see him" "at my house perhaps, he also brought a bag of rice, an umbrella and a watch to my house." "were there no marks, dirt or anything on the bag of rice?" "One side of the bag was soiled with blood" "were you not suspicious of Maketu?" "I was weary of him, i did think that maybe he had hurt somebody" "did you not hear about Tamati Purus murder?" "I did not hear of Tamati Purus death that day" "what did you think about the things that Maketu had with him?" I thought they were from the house that burnt down." - Te Purua then stood up and asked a question, he said. "you clearly saw Maketu carrying those things in to your house?" "No, those who were home said that Maketu brought them." Te Wai was then called up and sworn in to tell the truth. After this the Queens counsel stood up and examined him. "where do you live?" "in Kororareka." "do you remember the house burning down?" "yes I do" "you saw it burn down with your own eyes?" yes I was there on the night it burnt down" "how many people did you see on that night?" "four Maori people?" "was Maketu one of them?" "no" "when did you see him?" "on the following Tuesday" "when you saw him did you already know of Tamati Purus death?" "yes I knew that Tamati Puru had died" "Maketu didn't speak to you regarding his death?" "no, he didn't say anything" "when you saw him was he holding anything?" "he had something" "what things did you see?" "a bag of rice, an umbrella and a watch" "who did those things belong to?" "Mata Ropatana" "how did you know those things belonged to him?" "I have seen those things in his house before" "is it true that you saw these things in Mata Ropatanas home?" "yes, I saw them." Next, Te Purua stood up and said to him "how was it that you came to see those items?" "I saw Maketu carrying them to his car" "where were those things taken from?" "within the house that burnt down" - After this Hoani Ra-Kua was called up, - he stood and said, - "I am a Doctor, I investigated in to the cause of Tamati Purus death, whether it was by natural causes or not? I also examined the dead bodies, there was another wound on Tamati Purus head, in accordance with the length of this adze (he displayed the adze) and, that wound was of the kind that would fatally injure someone, - Mita karaka then stood up and translated this to Maketu. Afterwards Hoani Kingi was called up, and said, - "I was in Tokirau, I know the Maori language, and i was one of the people who met as a committee to discuss Tamati Purus body. I was also the translator for that committee, and everything that Maketu said was recorded in that committee meeting." - the Queens Counsel then stood up and handed the committee minutes to him, saying, "is this your signature on this document?" he responded, "yes it is" - and then the minute taker for the Judges Panel stood up and read out the written testimony of Maketu which he gave in 'the Committee' meeting, after this, - all the evidence of that side had been heard, and so the Chief Judge begun explaining to the "Jury" the matters that had been discussed. He said to them "members of the Jury, your decision must be a sound one, if you decide that it was Maketu who murdered Tamati Puru, it is up to you to say, if not, then you must clear him:" - and so, the "Jury" went outside, and met to hear each other's thoughts, so they could come to a unanimous decision, when this was done, - they came back, - sat down, - and the minute taker stood up and said to them "members of the jury, how do you find? Is Maketu guilty of this crime, or not guilty?" One of the "Jury" (the one who had been chosen to speak on their behalf) said "Maketu is guilty, he killed Tamati Puru." - This concluded the trial, and so, it was over and everyone went back to their homes, - in the morning many Pakeha and Maori alike assembled in the courthouse, then the Chief Judge came out and said - call up Maketu, and so Maketu came out and stood, The chief Judge then spoke to him, he said (this is a translation in to Maori) "Maketu! It has been declared in front of this Judging Panel, that you deliberately murdered Tamati Puru; this case has been thoroughly investigated and the laws regarding this have been disclosed to you. The charges brought against you have been found to be true, and so the last thing left for this Judge's Panel to do is to discuss the extent of the law in terms of the this terrible crime you have committed this is also the law of England, who still reigns over the people of this land, no matter whether some are Pakeha and some are Maori, if the blood of an innocent person is deliberately spilt by someone, this panel will hand out the harshest sentence possible under the law; anyone whose hands are covered with the blood of the innocent should never be allowed to live if the victim is a child, and they shouldn't be allowed to live because they are a chief either; the law that this Judges Panel is applying is not a new law, you may believe this law only applies within England, - no that is not the case - this is a law applies to all, the death sentence being discussed by this Judges Panel; is one that has been agreed to by your own people; they have also said 'old man, go and be with your ancestors!' This is the harshest sentence possible under the law." Therefore it will decided that he be executed in a place suitable to the Governor and his committee members, on a day that also suits them, and it will be said, "may god have mercy on his soul". - this is how Maketus trial went, on the 7th of March - the harshest sentence possible was handed down.
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