A strong party is now mustered, headed probably by the brother of the mother of the child. He is a stout chap, and carries a long tough spear. A messenger is sent to the father, to say that the taua muru is coming, and may be expected tomorrow, or the next day. He asks, "Is it a great taua?" "Yes; it is a very great taua indeed." The victim smiles, he feels highly complimented; he is then a man of consequence. His child is also of great consideration; he is thought worthy of a large force being sent to rob him! Now he sets all in motion to prepare a huge feast for the friendly robbers, his relations. He may as well be liberal, for his provisions are sure to go, whether or no. Pigs are killed and baked whole, potatoes are piled up in great heaps, all is made ready; he looks out his best spear, and keeps it always ready in his hand. At last the taua appears on a hill half a mile off; then the whole fighting men of the section of the tribe of which he is an important member, collect at his back, all armed with spear and club, to show that they could resist, if they would: a thing, however, not to be thought of under the circumstances.
On comes the taua. The mother begins to cry in proper form; the tribe shout the call of welcome to the approaching robbers; and then with a grand rush, all armed, and looking as if they intended to exterminate all before them, the kai muru appear on the scene. They dance the war dance, which the villagers answer with another. Then the chief's brother-in-law advances, spear in hand, with the most alarming gestures. "Stand up!—stand up!—I will kill you this day," is his cry. The defendant is not slow to answer the challenge. A most exciting, and what to a new pakeha would appear a most desperately dangerous, fencing bout with spears, instantly commences. The attack and defence are in the highest degree scientific; the spear shafts keep up a continuous rattle; the thrust, and parry, and stroke with the spear shaft follow each other with almost incredible rapidity, and are too rapid to be followed by an unpractised eye. At last the brother-in-law is slightly touched; blood also drops from our chief's thigh. The fight instantly ceases; leaning on their spears, probably a little badinage takes place between them, and then the brother-in-law roars out, "Murua! murua! murua!" Then the new arrivals commence a regular sack, and the two principals sit down quietly with a few others for a friendly chat, in which the child's name is never mentioned, or the inquiry as to whether he is dead or alive even made.
The case I have just described would, however, be one of more than ordinary importance; slighter "accidents and offences" would be atoned for by a milder form of operation. But the general effect was to keep personal property circulating from hand to hand pretty briskly, or indeed to convert it into public property; for no man could say who would be the owner of his canoe, or blanket, in a month's time. Indeed, in that space of time, I once saw a nice coat, which a native had got from the captain of a trading schooner, and which was an article much coveted in those days, pass through the hands, and over the backs, of six different owners, and return, considerably the worse for wear, to the original purchaser; and all these transfers had been made by legal process of muru. I have been often myself paid the compliment of being robbed for little accidents occurring in my family, and have several times also, from a feeling of politeness, robbed my Maori friends; though I can't say I was a great gainer by these transactions.
I think the greatest haul I ever made was about half a bag of shot, which I thought a famous joke, seeing that I had sold it the day before to the owner for full value. A month after this I was disturbed early in the morning, by a voice shouting "Get up!—get up! I will kill you this day. You have roasted my grandfather. Get up!—stand up!" I, of course, guessed that I had committed some heinous though involuntary offence, and the "stand up" hinted the immediate probable consequences; so out I turned, spear in hand, and who should I see, armed with a bayonet on the end of a long pole, but my friend the late owner of the bag of shot. He came at me with pretended fury; made some smart bangs and thrusts, which I parried, and then explained to me that I had "cooked his grandfather;" and that if I did not come down handsome in the way of damages, deeply as he might regret the necessity, his own credit, and the law of muru, compelled him either to sack my house, or die in the attempt. I was glad enough to prevent either event, by paying him two whole bags of shot, two blankets, divers fish-hooks, and certain figs of tobacco, which he demanded. I found that I had really and truly committed a most horrid crime. I had on a journey made my fire at the foot of a tree, in the top of which the bones of my friend's grandfather had once been deposited, but from which they had been removed ten years before. The tree caught fire and had burnt down: and I, therefore, by a convenient sort of figure of speech, had "roasted his grandfather," and had to pay the penalty accordingly.
It did not require much financial ability on my part, after a few experiences of this nature, to perceive that I had better avail myself of my privileges as a pakeha, and have nothing further to do with the law of muru—a determination I have kept to strictly. If ever I have unwittingly injured any of my neighbours, I have always made what I considered just compensation, and resisted the muru altogether: and I will say this for my friends, that when any of them have done an accidental piece of mischief, they have, in most cases without being asked, offered to pay for it.
The above slight sketch of the penal law of New Zealand I present and dedicate to the Law Lords of England; as it might, perhaps, afford some hints for a reform in our own. The only remark I shall have to add is, that if a man killed another, "malice prepense aforethought," the act, in nineteen cases out of twenty, would be either a very meritorious one, or of no consequence whatever; in either of which cases the penal code had, of course, nothing to do in the matter. If, however, a man killed another by accident, in the majority of cases the consequences would be most serious; and not only the involuntary homicide, but every one connected with him, would be plundered of everything they possessed worth taking.
This, however, to an English lawyer, may require some explanation, which is as follows:—If a man thought fit to kill his own slave, it was nobody's affair but his own; the law had nothing to do with it. If he killed a man of another tribe, he had nothing to do but declare it was in revenge or retaliation for some aggression, either recent or traditional, by the other tribe; of which examples were never scarce. In this case, the action became at once highly meritorious, and his whole tribe would support and defend him to the last extremity. If he, however, killed a man by accident, the slain man would be, as a matter of course, in most instances, one of his ordinary companions—i.e., one of his own tribe. The accidental discharge of a gun often caused death in this way. Then, indeed, the law of muru had full swing, and the wholesale plunder of the criminal and family was the penalty. Murder, as the natives understood it: that is to say, the malicious destruction of a man of the same tribe, did not happen so frequently as might be expected; and when it did, went in most cases unpunished: the murderer, in general, managed to escape to some other section of the tribe where he had relations; who, as he fled to them for protection, were bound to give it, and always ready to do so; or otherwise he would stand his ground and defy all comers, by means of the strength of his own family or section, who all would defend him and protect him as a mere matter of course: and as the law of utu or lex talionis was the only one which applied in this case, and as, unlike the law of muru, nothing was to be got by enforcing it but hard blows, murder in most cases went unpunished.
CHAPTER VIII.
The Muru falling into Disuse. — Why. — Examples of the Tapu. — The Personal Tapu. — Evading the Tapu. — The Undertaker's Tapu. — How I got Tabooed. — Frightful Difficulties. — How I got out of them. — The War Tapu. — Maori War Customs.