A.—lA

1881. NEW ZEALAND.

COMMUTATION OF SENTENCE OF DEATH PASSED UPON WIREMU WHAREPA, (DESPATCH RELATING TO, TOGETHER WITH A LETTER AND MEMORANDUM BY MR. JUSTICE JOHNSTON ON THE PROCEEDINGS AT THE TRIAL.)

Presented to both Houses of' the General Assembly by Command of Sis Excellency.

No. 1. Copt of a Despatch from Governor the Hon. Sir Abthue Goedon to the Eight Hon. the Seceetaky of State for the Colonies. Mt Loed, — Government House, Wellington, 22nd August, 1881. The 407 th article of the Colonial Eegulations provides that when a capital sentence is carried into execution in a colony, the fact is to be reported by the Governor to the Secretary of State. No such report is required in the event of a commutation of the sentence, and I did not therefore think it necessary to take up your Lordship's time by reporting that, on the 11th January last, agreeably to the advice of the Premier, Mr. Hall, but acting, as directed by the 11th paragraph of the Royal Instructions, " according to my own deliberate judgment," 1 commuted the sentence of death passed on a certain Te Wharepa for the murder of his wife, into one of penal servitude for life. 2. Mr. Hall, the Premier, like myself, considered that the sentence should be commuted ; but the only two members of the Council (Messrs. Whitaker and Dick) who attended its meeting were, on the other hand, desirous that Te Wharepa should be executed. Two absent members of the Executive Council also telegraphed that they were in favour of carrying out the sentence of death. The opinions of these gentleman did not appear to me to possess all the weight which they would have had if delivered in Council after a consideration and discussion of the arguments adduced by me for a mitigation of the penalty, but they certainly show a preponderance of views unfavourable to the exercise of mercy in this instance among the members of the Council; and the case may thus be supposed to come within the scope of the 7th article of the Eoyal Instructions which directs the Governor to report the grounds and reasons of his action when, in the exercise of the powers granted by the Queen's Letters Patent, he acts in opposition to the advice of the Executive Council. Ido not myself think that cases of this character are contemplated by that article, the exercise of the prerogative of mercy appearing to form a special subject of instruction exclusively dealt with by the 11th article, which itself points out the course to be followed by the Governor in the event of his commuting a capital sentence in opposition to the opinion of a majority of his Council; but any doubt on the subject is sufficient to justify me in troubling your Lordship with respect to a matter of otherwise no interest beyond the colony, and as my Ministers are desirous that I should make such a report with a view to its presentation to the local Legislature, I cannot have any reluctance in complying with their wishes. The Eight Hon. the Secretary of State I have, &c, for the Colonies, &c. Abthitb Goedon.

No. 2. Minute of the Goyeenoe. The Governor has carefully considered the papers in the case of Te Wharepa, sentenced to death for the murder of his wife. He has also duly weighed the opinions of the two members of the Executive Council who attended the meeting of the Board this day, as well as those of other members communicated to him by telegraph. The Governor has no doubt of the commission of the murder, or that the prisoner has legally, and His Excellency believes not unjustly, incurred the penalty of death; but before deciding that that penalty shall be inflicted, His Excellency feela bound to take into full account the following considerations :— 1. That the prisoner was undefended.