MAORI WILL CASE.

Dominion, Volume 1, Issue 147, 16 March 1908, Page 8

MAORI WILL CASE.

STATEMENT BY THE JUDGE. ; MR. KAIIIAU'S ~ ■ '(by TELSGnArli—srEcur. .eonr.EsroNnsNT.) ■ Aucklandl; March 14. ■ An incident that occurred du'riug' the hear.; ing of the Maori will case, "referred to in a previous message,.- at the.'Native-Land Court .in Auckland, before Judge.Edger, has a somewhat special interest.: It has transpired that on Thursday Mr. C. J. Parr, ono of tlie counsel ongaged in tho case, objected to : Judge' Edger . hearing : it; on" the ground of predetermination. Mr. Parr said His Honour, had admitted; that ho communicated with the police, and, in consequence, a detective had come to the . Court to'watch tho proceedings. Mr., Parr argued , that this showed that the Judge had .made up his niirid :up'on thd : issue before the conclusion of the case. In lus':(Mr. Parr's) opinion, .'this amounted to bias,.- and- disqualified His Honour, from trying tho. case., Judge Edger yesterday morning -said that with reforenco to the charge' of bias ; mado against him by Mr. Parr,-ho had determined to complete the - hearing' of Case, arid give'a decision. It . was the first 1 ' timo' such an accusation had been made against, him," and lie had thought that his rccord during the, sixteen .years. ho liad been on the' Bench would have boon sufficient■-to establish his reputation for fairness and impartiality. Mr. Parr, howovor, appeared to- think : not. Hacl tho- accusation affected himself personally pnlyho l would not have taken any, notice of it, but "other parties, were concerned,, viz., tho, parties, in the. caso. .Had tho charge been made at the opening, of, tho case ho should , in. all probability jiaVd' declined to. hear it, but at the present-itago he coiir sidorcd it his ; duty to -carry :i 'it".to'. a conclusion, and now., that Mr. Parr.,,com'polled him to say so, -lie stated:, that' ho.,would weigh the evidence: on" both sides,>arid :givo. a' decision As foii -th'e'presence 'of tho police ..in the' case,., he iheld,'. that .tho gravity-of'the charges, fully".justified''him in -calling -upon ..thorn .to. .gi'vo 1 -',eyideucc. Mr.. Parr appeared to : have .'byerlooXcd the fact that, the charges were. riMVa&dihst 1 his sido only, but against the othdr :Vidofalso'. There had been a suggestion pf.periui'j' iri tho.caso," and that was ono' reasori'./jvli'y he.(had,-com-municated. with the polic^-.-* ; ; :ji'.' seemed to him that Mr. Parr was prematiiro in making this charge of bias. He had' jth'o right, to appeal in the caßOj and lie'"dould have,made the charge then equally as;"-'wdll-'. as' now.. >"j Mr; Parr stated-that HisVHonoiiri had decided to disregard his protest,, and hear tho caso. That being so,, he (Mr?' Parr) must for. tho present submit and. (jontinuo.'tho ovidenco. Ho, had raisedtho' point of pre- ' determination'''' entirely ■ ujwii. the circumstances 6f the oase/" Ho was.' quite aivarc of , His Honour's ~ record - for •'.fairness, and im-1 I'partiality. ,' /. •• . ' . [ Tho, hearing, of. tho" ease,! .was",then.'pro.eeeded with: ■ .' ; ' . .

I;i tho course of his evidence Mr. Henaro Kaihau, M.P.; • said' that "during' the . .time testatrix resided at Waiuku vlie generally" looked after her. : He went up,to Whangarei when-her husband ;.'.diod,':a'nd'-, brought her down to Waiuku,: where" he fed and clothed ( her' for four: years. .'She. came- to him,-.he thought, bccauso, as a boy,.he ,was : loved; by her," and . her, husband alsoSloved 'him when lie was alive. 'She'was in; the.habit: of speaking of-him ,as lier'son,-as-was "the custom witli ;the' old; Maori eld'ers.li:'She-had t-his small property,- and ?he :re'4u.6sted.>;ithess' to .' makq . her-.wiljUm;. respect • to' this . land-.' . This -, was' .?fter,.she.-.hid been.- staying,..with';him, about' two': weeks, and; had;., got used to overybbdy. Then;she saidhim (witness); " Son,' mako my .will in;.your favour." -That was'nearly four years beforo.she.died. Witneissi ivas. surprised.at : her making: tho state--,mcnt, and. said to '.her, ,!■ Have you.any consideration for yc-nr ' daughter? v At- wit-, ness's,, suggestion, .;.th"o.v .testatrix's' - v eldest. daughter'was included. inV;the will, .though .if the old,.lady : had■' had,.h6r ; witness, would have been; sole' beneficiary;',. She .was anxious; to draw up tho,Vill becaiiso sho.wds an j>ld -woman,'and could not possibly live ..for/any; length. of time,': Tho 'grandchildren' never came to sew -her, : 'and witness did: not know them/at all till last', month.' v ■ I. Mr.. Parr: They didn't take'any interest!in her till'after her'death?:, -v ".; l : -Witness: Even riowTdon't thihk tliev take any-interest in her.' (Laughter;)' , I"think there' aro; other peonle who arc endeavouring to;pull'me dbwn the.ladder .of life..-' lam a man of standing; and'reputation. in-the Waiuku district. •<<-.:"• Describing, the signing of the will, the'witness: said; that at/the, time lie .was : walkjn g up and down', outside with' his' child.' ;' "I was' frightened," ho -cjh.tinned; -".that-' the room was .too full of smoke rind' Maoris. (Laughter:) ' 'It,was not,good,for, children. .There wero Maoris only there, all smokers. ; Even the old ' woman was smoking.'She was smoking my pii>e. (Laughter.) The tobacco they were 'smoking was raurdu,.'.which -has a- ver'v bad odour.' I looked t-lirbiigli" the'door, and sdw:. Brbwn (another.', Maori)', /.'writing' tho name, : arid' tho."old ' lady harigihg'. on. to the peri. The,old.lady-told mo that thd. will was in my favour. It. was ; the; old lid.v's wish' that I should be principal"legatee;" ''K' !• had boon'greedy I would have got' the' whole lot. (Laugliter;), She was" perfectly -sano 'at the' t-imp.". . . .. . ; ,; The case is still, going on. .