House of Representatives.

Auckland Star, Volume X, Issue 3011, 11 December 1879, Page 2

House of Representatives.

MR SUTTON'S CASE.

In the Houae,at the afternoon sitting fie report of the Native Affairs Committee on ;the petition of George Davy, of Napier affecting the character of Mr Sutton, was brought up and read. The petition requested all persons guilty of fraud to bo prosecuted ; and the committee, after examining witnesses at great length, pasied a, resolution to the effect that they could not recommend the House to take auy actionin the matter.

Sir George Grey rose to move that the report be referred back to the committee. He said the report related to a matter of great importance. He had moved resolutions in committee which, were intercepted by one from Mr Ormond that the Chairman report to the House, which put an end to the discussion and burked the whole. He did not consider it right he should have been prevented' from dealing with this matter by this process. Sir George Grey's resolutions submitted to the Native Affairs Committeo recite that Frederick Sutton and G. B. Worgan went to Paoru Nonoi's pa with a conveyance for Paul to execute at nigbt; that previously Worgan had been dismissed from the public servica on account of the manner of his dealing with certain monies and properties of a native chief named Ihaka Whanga, and was compelled, subsequently to admit before the Hawke'a Bay Land Commission, 1873, that he had wilfully and knowingly made a false declaration as to the execution of a certain deed of lease l>y Maoris of a block of land at Wairoa to Europeans. He admitted several of the parties whose names were signed were not present and had not signed, and other persons having no interest forged the signatures of absent persons with his knowledge and approval. He was subsequently reappointed, but again dismissed, and it was proved that out of a sum of £800 he had embezzled three fourths. He was afterwards convicted of forgery, for which he is now undergoing sentence. All the witnesses called before the present committee agree that about the end of August, 1870, Worgaa went to a pa called Korongata, eighteen miles from Napier, to secure the signature of Paora Noinoi to a deed of conveyance to Frederick Sutton in the Awa Ote Atu block of laud; that the visit took place at night, and that Mr Sutton was present. A certified copy of the deed of conveyance wig produced, purporting to be signed by Paofa Noinoi with his mark and by his daughter Rora, and witnessed by a native named Nikera. Rora and Nikera gave svidenca before the committee. They allege that Worgan and Sutton came to their settlement at night'with the deed of conveyance deferred to ; that spirits were given to Kqra and her friends; that Paora Noinoi w&s-iin a mental state which incapacitated him from taking part in any legal transactions, but attempts were made during the night to induce him to attach his name to the deed, but without success. All native witnesses concur that lie neither signed nor authorised anyone-to sign the dead. Bora alleges she was pressed by Europeans to sign- her name, but she was so confused by liquor that she cannot say whether she signed or not, Nikera, the allegod witness to the deed, denies having signed it. The native witnesses all agree that Sntton ami Worgan remained at the pah until just before daylight. Mr suys they arrived at the pah soon after sunset, and returned to the house of Mr Coleman in time for t»a. A telegram from Mr Morrison in New South Wales', however, confirms the evidence of the natives as to Sutton and Worgan remaining at the pah till daylight, but noting to •\yhon they arrived there. Jtiora admits having assented to the sale, though she was not a grantee in the block, without the consent of her father, upon receiving from Mr Sutton fifteen pounds and a promise that a reserve of 350 acres should be made in the block for her father. Worgan denies that any promise of reaert c was made on the document, confessing that such a promise was given to the natives; but such a document was produced before the committee in Mr Sutton's handwriting, and admitted by him. Mr Sutton alleged that the existence of the document was disclosed by him to Messrs Fountain and Coleman, for whom he alleges he was acting, but iv the original conveyance to Mr Sutton the endorsement thereon and the declaration are silent as to such a transaction.. Mr Sutton subsequently conveyed to Mr Coleman the whole interest alleged to have been acquired from Paora without any reservation or reference to such engagement having been entered into. None of the subsequent deeds contain any reference to such a promise. The Hon. Wilson, who acted as solicitor in the conveyance of the whole block from Mr Coleman to Messrs Watt and Farmer, never heard of such a promise until after the title had been settled in favour o£ Messrs Watt and Fanner. Mr J. R. Hamlin, licensed interpreter, was employed by Mr Sutton, and met Mr Sutton, ltora, and Mr Cornford, Mr Sutton's solicitor, in his office in. Napier,when'questions1 were put tJ Eora through Mr Hainliu,by Messrs Suttnn and Cornford regarding reservea.anAMrHoinlinstates thatuothinc was said to him or to Korain respect of this reserve rf 350 ncres. MrHaniliusaysbeliiiduo knowledge that such reserve was promised, though the meeting was Drought about with Rora for the purpose of inducing her to discontinue an action which had shorty before been raised on her behalf for specific performance oE the promise iv relation to this 350 acres ,/'.!/ •

Colonel Trimble moved, " That, the committee having examined many witnesses and carefully considered the petition, cannot recommend the House to take any action."

Mr Lundon moved an amendment in favour of postponement, as many of thoso prcseut had not heard any, of the evidence and are now present for the first time. .

The division on this was: Ayes-rSir George Grey, Messrs Tomoatiß, Tc VVhooro, Tainui, Tawhai and Lundou. Noes — Messrs Ormond, Bryce, McDonald, Hollos, ton, Trimble, Adams, Whitaker, Kussell and Waketiela. The amendment was therefore lost. •

Mr Orniond, continuing the debate in the House, said that a resolution setting -forth that the committee had uo recouiineßdation to make was adopted before the series of resolutions were brought up by the member for tbo Thames containing a precis of his own view of the case. After considerable discussion he moved that no further -resolutions bo considered, which was carried, as it was thought the case had proceeded to its utmost limit. .

Mr KollcstOtt hoped the liongentleman would let the matter rest where it was. They had been told already; that the case had lasted one month and c»st over £600.

Sir George Grey Raid he wished the report referred back in order that the whole facia may be placed on record, and that he nnglit be able to make suck statements to the committee as he wished ; , The question of referring the report back to the committee was then put aud a division called for, which resulted as follows :'A?es, 31 ; noes, 36. The reports and minutes of eyidcuco .were ordered to bo printed on the motion of Mr De Lautour.

ROADS ON DEFERREDPAYMENT

BLOCKS.

Mr Eolleston, in reply to Mr Thomson,, said no provision had been made on the estimates for roads on deferred payment 1 Mocks as was done last year. THAMES VALLEY RAILWAY, Mr Oliver, in reply to Sir George: Grey, said no change had ever been contemplatia in the route of the Thames- Waikato Bailway.. COUNTY ENDOWMENTS. , The adjourned question that the House resolvo itself into committee of the whole to consider an address to His Excellency prayiug that 20,000 acres of land in Rodney county bo set aside for the purpose of constituting loads was called on. The motion■; was altered to make it apply to various counties of the colony aud adopted. < KaWAKAWA CORPORATION.. The second reading of the Kawakawa Incorporation Bill was carried.

OTAGO HARBOUR. The Otago Harbour Board Endow-1 raent Bill second reading was .opposed by Mr Macandrcw, who said that borrowing powers should be withheld from such a Board, which practically consisted of one man. The object was to reclaim Sb acres from the sea, and it was dangerous to entrust such a large power to a Board constituted as it was. .. ■ '.. ,-. ; Mr Oliver supported the bill, and said tho Board was formed when the hon. gentleman was Superintendent. It was true a>r John Coodchad examined the harbour and would make his report, hut euough ini«ruation had been secured to ascertain that his opinion would not interfere virtue scheme to reclaim this laud, and straignteuthe Port Chalmers line of railway whilst" reclaimed. The Harbour Board was a most competent body, and supported the-pas-sage of the bill through all stages without eMrFulton said that a bill. giving such large borrowing powers as £250,000 mif?1, not to be brought on at so late a penpa 01 the session. He opposed the bill unleas tue borrowing power •was struck out. '

Mr McLean said he quite understood the opposition of the hen. . member for Pert Chalmers to this Bill, because he Imd (always shown antagonism to the Board. It was pot correct to say that the Board was in one man's hands. , , ■ Mr Richardson said he should not oppose the bill, but should oppose the third clause giving increasing borrowing powers. Mr Barroa said he. regretted that the |ion.,member should think himself justified %n opposing the one redeeming teatiire of tjiis bill. He proceeded to defend, the JSoard and explain its operations. . Mr Dick hoped laembers would support the bill. The bill was read a second time an-d ordered to be referred to the Waste Lands Committee. '■ •; •• . ■ VARIOUS BILLS. The Married Woman's Property Bill and AH Appeals from Justices' Act 1867 Amendment Bill were withdrawn. An amendment by the Legislative Council jn the Mings Act, 1867, Amendment Act, was considered. MrDeLautour moved that the House dis^ agree with the clause " substituted for " of the bill. Carried. Messrs Reeves, Finn, and the mover were appointed to draw up reasons for disagreement. IMPROVEMENT COMMISSIONERS. Dr Wallis moved the recommittal of the Auckland Improvement Commissioners Transfer of Powers Bill in order to introduce a clause providing for the appointment of Commissioners to investigate certain claims Dr Philson has to consideration for loss of certain frontage. The amending clause was agreed to, and the bill read a third time and passed. WATER RACE GRANT. In the House in the evening a resolution was reported from the Committee of tlie House re giant in aid of the Charleston Water race. It was strongly opposed by the Government. The Premier stated that £3,5000 had been placed on the estimates for such a work. MOKE BILLS. The Slaughterhouses Act 1876 Amendment Bill passed. <)n the motion to go into committee on the Tarauaki Iron Smelting Works Act 1874 Amendment Bill, awarding the Company 5,000 acres of land, considerable discussion ensued. The House divided on the question: Ayes, 34; Noes, 24. The Bill passed through Committee and was read a third time. On the second reading of the Civil List Act 1873 Amendment Bill a division was taken as following : Ayes, 35 j Noes, 35. The bill was lost. , The Civil List Act, which was thrown out on diviflion, was for reduction of Ministers' salaries. ELECTIVE COUNCIL BILL THROWN our. The Land Claims Arbitation Bill and Electoral Legislative Council Bill were thrown out on second reading after division. Ayes, 24 ; noes, 35. MORE SLAUGHTER. The Napier and Meauee Recreation Ground Bill was ordered to be read a second time this day six months. On the motion to commit the prevention of Corruption Bill, a division was taken as follows : Ayes, 28; noes, 29. The Municipal Corporation Act Amendment Bill was thrown out on voices.