NEW ZEALAND TO THE SECRETARY OE STATE.

83

A.—No. 1,

*" from the first, and the third joined them afterwards, —all three, according to " evidence, taking an active part at some time in the conspiracy, and being well " informed as to their leader's objects and intentions. The line of the case for " the prosecution is this —that having arrived from the Chatham Islands, where " they possessed themselves of the ship and overpowered the guard, and brought " away the guns of the guard with them, they went through a series of engage- " ments with what I call the Queen's Troops —the troops of the Government'of " the Colony; that, living together in camps and pas, they had daily instructions, " and that they were from time to time ordered by him to go by night as detached " parties called ' Kokiris ' for the purpose of doing, what ? —on one occasion, to " fetch ammunition; on three occasions at least, if you believe the evidence, for " what purpose ?—not meeting the troops with whom they were fighting, accord- " ing to the custom of war, but going to detached places, where settlers were and " Maoris friendly to the Government, for the express purpose of assassinating and " destroying men, women, and children who might be friendly to the Government. " Whether the prisoners themselves took part in this particular action, or were " one of this particular ' Kokiri' or that particular ' Kokiri,' seems to me to be " a matter of little importance, if they voluntarily continued under Te Kooti, " taking part in his proceedings after the first occasion on which an order of this " kind was given. Whatever may be the degrees of moral guilt, clearly, in point " of law, they must be as guilty as if they themselves drew the murderous sword " or fired the destroying gun." [His Honor here described the relative positions of the various places at which the several events took place, and read the evidence at length to the Jury.] " Gentlemen, the case has occupied much of your time. If any of us, " fallible and weak as we are, have in the course of the investigation allowed our " minds to be either clouded by prejudice or excited, I need not urge upon you "" that, now that solemn moment is coming when you arc to determine, so help *■'■ you God, are these men guilty of the crime laid to their charge, you will " allow no passion, feeling, or prejudice, or suggestion from any source but one, "" namely the evidence, to weigh either for or against the prisoners at the bar. " As I said before, it may be that the moving spirits who have designed this " great evil have not yet reached the hands of justice; but that, I again point "" out to you, can be no justification for making these men irresponsible for the " acts that were committed by the followers of those leading spirits, if done in " common concert with them. With regard to the question of levying war, I " repeat that attacking the Queen's Troops —and these men were the Queen's " Troops for this purpose—is of itself levying war; resisting the Queen's Troops " when they are supporting the Queen's authority, or endeavouring to take a " place occupied by the Queen's Troops, is of itself levying war against the " Queen. Can you have any doubt that the principal if not the only object existing " in the mind of Te Kooti, and known by all his party to be existing in his mind, "*' was to throw off the yoke, as they might have termed it, of the British Govern- " ment; to rid themselves of that which they might consider an interference " between them and the enjoyment of the whole country ? No possible suggestion " can hereafter be made, with regard to this portion of the Native race at all " events, that their object was to get back land of which they complained that " they had been wrongfully dispossessed. No suggestion can hereafter be made " that their conduct was even retaliation for some oppression or injury which " they even pretended to have received at the hands of the British Government. "" No suggestion can be made that the insurrection in this part of the Colony was " the result of misconduct, ill-feeling, or mismanagement on the part of the " European settlers or of the Government. With matters which are called " political, we have nothing to do here. It may be that some persons may think " that if these prisoners had been better guarded these events would not have " occurred; but what justification can that be to them for anything further than " their escape, which undoubtedly the law of nature suggested to them ? If it " were necessary to show this distinctive motive more clearly, does it not appear " that the mode by which they sought to shake off the yoke of British rule was "by annihilating the British people ? Ay, and so little was there of anything