By Ruth Russ
The night after Pare was killed in her whare by an axe, Pepene waited to die in the forest after drinking poison.
At daylight, however, he found himself still alive, and he decided it would be better to give himself up to justice.
He returned to the community by the gold diggings.
As he crossed the brook by the whare, a woman called up to alert those within, “Pepene is coming.”
Inside the whare, Rewi, Lydia and several others were waiting for him.
“Why did you kill your wife?” Rewi asked.
Pepene replied that he had killed her, “lest some other person should be pleased with her.”
He added, “I drank some poison but it did not kill me.”
Pepene then produced a letter.
One of the men read it aloud.
Lydia later recalled in court that part of the letter read, “My friend, Pare, let us stick to each other. Do not let our affections cease.”
The letter was unsigned.
While Pare’s relatives wanted to kill Pepene to avenge Pare’s death, the rest of the Māori decided to turn Pepene over to the authorities (an unusual decision that was noted in the local paper).
A constable organised a small party to take Pepene to Nelson to be tried.
Two Māori from the diggings accompanied him: Paora Koinahi and Waihe Karuwhero, who gave testimony in court, as well as Charles McLean, whose boat transported the men to Nelson.
Pepene’s defence lawyer was Mr Kingdon, and an interpreter was also present in court.
A jury heard Pepene’s side of the story: that on the Monday afternoon Pepene was mending his trousers, and Pare making a basket, when suddenly, unprovoked, Pare had attacked Pepene, throwing an axe at him.
Pepene ducked twice out of the way, as she shouted that she did not like him.
When he questioned, “Who is the man whom you desire?” she would not answer, but produced the letter that Pepene would later give to Rewi after returning to the whare.
Pepene read the letter, then told the jury he picked up the axe and said, “Here, take the axe back.”
He claimed he threw the axe with no malice and accidentally killed Pare.
The judge then asked the medical examiner if Pare’s injuries could have been caused in the manner which Pepene described.
The medical examiner replied that it was not possible; the injury inflicted upon Pare was intentional.
At the end of the proceedings, the jury deliberated for two hours and then returned the verdict “wilful murder”, but they recommended mercy for Pepene, rather than the death penalty.
After Pepene was taken into custody, the judge asked, “On what grounds did you recommend the prisoner to mercy?”
One of the jurors replied, “Upon the ground that he had received great provocation through jealousy.”
Pepene’s life was indeed spared, and his sentence given was three years’ imprisonment.
