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Historical Records of New Zealand Vol. II.

Opinion of His Majesty's Advocate and Mr. Attorney and — Solicitor-General

Opinion of His Majesty's Advocate and Mr. Attorney and

We think it clear that by the Law of England Captain Stewart and Clementson as the Mate are guilty as accomplices before the Fact, to the Murder of Mara Nui and his wife if not to that of the Tribe which was massacred and we think the Fact fully proved by the Witnesses. It is also clear that the 3rd and 4th Sections of the 9th of Geo 4 Cap. 83 give the Court at Van Diemens Land Jurisdiction to try these offences. We therefore lament that measures for securing and bringing them to Trial were not taken at New South Wales. We advise that they should be apprehended as soon as they can be met with and brought to their Trial when the attendance of the Witnesses against them can be procured……


Hubert Jenner

T. Denman

Wm. Horne

Doctor Commons
2 Dec. 1831