Chap. VI. FIRST TRIAL OF A NATIVE. 147. 
that the present case did not belong to the class of 
cases described by the plea, inasmuch as the matter in 
dispute could not be said to be among the inhabitants 
of the native tribe, since it was between a native and 
an European. 
The Court having adjourned the case, on the next 
day Dr. Evans stated that he would, by the leave of 
the Court, withdraw his plea to the jurisdiction, since, 
upon reference to the Treaty, he found that it did not 
bear out the view he had taken. He, however, must 
claim for the native a jury *' de medietate lingua " 
— composed half of natives, half of Europeans. The 
prisoner was not a native-born English subject; and 
the law had been laid down with great clearness to 
the effect that aliens by birth could only acquire the 
rights of natural-born subjects by an Act of Parlia- 
ment, and, even then, subject to certain restrictions. 
In fact, the prisoner was not even a denizen. As an 
alien, he was entitled to a jury composed half of his 
own countrymen ; or if not, if it should be held that 
he was a British subject, then he (Dr. Evans) must 
challenge the array for partiality, as there was not a 
single native among them. The learned counsel ad- 
verted very strongly upon the circumstance, that while 
the natives were held to be subject to British law, and 
to be liable to all the duties and restraints to which 
British subjects were liable, they were deprived of 
their share in this great constitutional privilege. The 
natives were certainly fully equal to the exercise of 
this francliise ; and it would be felt by the whole 
world, that the pretences upon which their country 
had been settled and their land located upon were but 
a solemn farce, if the New Zealanders were excluded 
from the enjoyment of this right. 
The Crown Prosecutor objected to the demand fer 
l2 
