THE CHARGE OF PERJURY AGAINST MR. KINROSS.

Hawke's Bay Herald, Volume XXI, Issue 5397, 2 June 1879, Page 2

THE CHARGE OF PERJURY AGAINST MR. KINROSS.

We extract from the New Zealanden of Wednesday; last the "following l 'Te. port of .Jhe .first , day's .proceedli^gß7,iiVitK^ Resident Magistrate's Court in* ihe r caie or N Reginajv. Kinross. ;■ .: .., ; : , w'w rj'-tt jTJus. wai ~a charge of perjury.inreyJLdenoß given ( at, \ Wellington^' .in transaction' re'i lating' to land 'sales, wher.eiii I: ',Socused stated he never supplied alcohouclittuora to natives. ''. ■ • ' .-• -; j /.>.>•., -Jr ,*; \Mr.W, L, Beea for plaintiff," Mr WV4?. I/. ! Travers^and Mr Chapman i'fov'-'de-fendant. • '' Jl J ili «-"tixi&\>ia Mr Travers urged as a .preliminary objectiqn,,.,that. as the principal .witnesses, being members of the Legfaltftiv'ef OBiiiißu, were prohibited giving evidence, Jihere • was no r jurisdiptibn. : . '.-. , / i vj_ j}y j; Mr Bees, in opening the case, stated the/charge as embodied in the indictment. The committee at which the all§f^d%Srjury was committed, was sioh^^Snd^r " The Native 5 Lands FraudsiE^^^Slioiii Act; 1860. " He quoted ; from ,4he <_%a--oused's evidence,,- in which accused -§^63. injansweu to-JMrs Turton, that phe;j.agr ''counfcs'he produced in relation'! to oDonaJd ~~~" McLean's estate were correct,. f and^that.'he did not suppty'liqubr except taH, a present, and in no 4kd& as'a-sefcrbff igainati land. Mr Rees then went on to state that in . any .case where' spirits -«h v ad been Bb isup- , plied j the sale of the said lands was null 'and void by A^of'*«fiWßfa^tto^lß47 "to 1870^ ¥n4,,t^at in "November of that year the "Act above* quoted (i.e. the Native Lands JV^Uji" Prevention Act) came into effect. Mr Kini»|itarf©yMenca was taken at the sittings alr^yoieMfi'ed i^enMonatowaa i agreed ,|ha| ftlj'lvtoce given should be on oath, aa^.tne/Goi|i- . .■mission.'iwa^ ?tQ ; tr^por .^ i $9,; jfcEe^^yiaability of altering the Statutes, th9;|pj|f[tun of the -lawii 'iFurtherr^that after twice denying' the sale of liquors accused's; eyidence was submitted to him and signed by him as^cbrrebt bn'oathi f o'*C , M,r Rees ( said~he would bring native j-witnesaes' |to prove. tHati'they ha^.pnjmany 'occasions, I 'at ' Mr'Kinrbss'av.pTOi^br^gr, f rom nis own' store; received, grogfSPd'rtOTr, he would produce MrEin^bs's's'sWrelSiran, who supplied. the grog at accußed's.order, \ from ? 4B§jr''.it6^],^j),^-inolUßive? a lh every V.. instance the spirits supplied were entered f . as cash, to the extent of £3 or £5 o'uVof every £20 of goods purchased. He would also call another assistant of Mr Kinross's, who entered^th'e ( ' r good^ ■ who would prove that although, spirits were supplied, no entry was made of such,. „the r supplies being "entered^ as .cash. 'He^Wbuld also prove, .that 'whWrbthe^ natives, dicl not get * itdwect from 'accused, they'gbt* ati 'droer, t in one case to~ the extent of 30 or 40 1 gallons, which was charged ascashlagainst the inbrtgage : of J Ijhe lands of' <*the~purcbaser. Another class bf'f evidence %c , v^ouid adduce was that of .^maWKb' kept ' a public-house, ' and ' who" ; waß VsuppKed from. Mr to the extent of 182000 during 1869 arid 1870, ! who also received orders on Mr Kinross. In one Maori's case the f orders ambunt'ed"*to""£s6o: 'In Hapuka's 'case £60 worth ot grbg^had been -supplied, and entered as cash.)!! /, Mr Rees then read a number, of receipta for grbg sold by 1 ' and. signed. by ■Kinross'. ''••'• • ••' -' .■• * J:^- ■"' s After recapitulating the evidenWof 'Mr Kinross before the Royal Commission, Me "Re.es called Mr Yatesr 1 ' J " :: ;^ u^ lr 1 1 \.'^Jra^»\H^ l uiged.tWt|roaf of the patlji having; peeh^adniihifltere^snould be put in. ' ,>' „|} tj v , j' Mr Rees put in the, Journals, ;,s" the House, which had been made evidence by Act of Parliament. y, \ Mr Travers again urged there was nor"^ evidence of statements being made on oath, therefore there was no case. His Worship, however^ decidinj^-to go on with the case, •. / i. ... ;■ William Ward Yates deposed that he was a salesman, resident in Napier. Was in Mr Kinross's employ for 10 years, and left in 1872. While in his. employ he bought and sold the stock.. Accused had large dealings with, natives inaHawke's Bay. He knew Hsrini an^ f H!opepb;'iuiol '■'■'•■' . • 1 ■)•'. ■ ,\' MV.ili" .."'•, J': : " ai:ij ill builhi

had served tKem^iih 'grog from| accused'.^; store. Heon^aH'occasronstreiJuired ]fe Kinross's order before doing bo, specifying the description and quantity. Generally speaking the orders were for clothing, ordinary necessaries of life, and grog. He remembered a written order from Hapujka. f A discussion .here ensued as to the necessity bf the production by a defendant In a criminal action of any document that wduld tettft-' to criminate himself, after dve 1 * notice had beeri given, and failing that, ttie^aduliasiou of seoondary etide'nce. Mr Man^for*d thought/ ifc._ wds . hbt & point to be raised in a preliminary enquiry before an ortlinar^ Magistrate/ U Mr Trayefe .tjfqlfgWP'a Magis>atV Shdulof De:«4ufficiently educated to judge of the admissabih% of .eviaende 1 before; hiirj. Mitileßi theil. yirejlt on tQ.staie.that the orcfer brßught by Hapujia vtei i°,* r about *§S:3KL^koi;ga6aiiiia , -psM<>* ', wjasf executed and goods supplied after i the^accused had seen it. The major part of the £60 was for grog. The ordinary goqds..were*entered in-detail, but the grog was entered as cash. Mr Kinross's instructions were always to enter grog as casn. Witness considered that grog would form about one-fourth of all the; goods supplied, exclusive of ploughs and • wire. In most instances grog formed pa: tof the orders. H||f|ct B dMMihbiefr? any case of entry of J aa igrb'g^ ~ The"' pri 3e of spirits so supplied w£S;>in,creasecb; beyond European prices, mr "Bee'"*waV eniry clerk, and generally: entered; the;: goods. Witness instructed i-asitoj entries. , Af;er goods were suppUedrrioj Hapuka, . Ac( used told him thetppraon -who brought tl« order acted without' "HapuWß, au hority, and, if he came again, hot to no ice 'him. Witness 1 o never' knew 1 tho J naivesto pay cash foF^riythingP^They always signed receipts for so much cash antl goods. Accused gave as a reason foit^hajrging^adTOnced prices that the natives were considerably overdrawn both in. time. and» money, and that they were drawing their rents. On many, occasions, he had witnessed receipts L for Irog^as' payment for cash. Remembered goods suppjie&to Da/vsinlß6B-<& l roi7rjsthe-, greater,-, partgrosr. Grog supplied by Davy was deßiti^WacottsWKnr.tii MM .wiJ- ;...■■ . Mr Travers asked leave to postpone the czossVebdaminatiohlof ;th}B! witness, as 'there • was no evidence as yet of perjury on 0%%43,-tihe'rSweariDg had not as: yet been proved. His Worship thought he had better do it now.

Witness continued : The natives gene-, rally came personally to the store, and were debited with, the value of, t^e grog as cash advanced/ He knew theirs wasa law prohibiting the sale of liquor to natives, and presumed that was the reason of debiting liquor as cash. No payment . was ever made to him for liqu6r/A A i I > By Mr Rees : It-jwas entered, in books as cash lent' to natives. Jl " l JErank Bee deposed he was a clerk,, living in Napier. Was in the employ of ' atJon"Bedin*iß6B-9:and'7o. He kept de-livejy^bopk/£day-bqgk',;and .general .office book, and entries were generally made in these t from ii B^ipß 1 ofj[ paper, Jianded him by Mr Vales, and sometimes items given by word of mdutjiyjand; sometimes Mr Yates made entries himself. Witness gave corroboratory evidence as t6 tha .-uniform entry of grog as cash. He aaid he had on one or two occasions %taken cash from natives, but generally it was entered as oash on tne l sUpT t; So far as he was aware, cash... or, these slips represented money paia; rilJ He did not on any occasion enter spirits supplied as cash to any but natives, and did noV r*ecbiiecfr J grog ever being entered as grogjto iiatives. , Left aocused in 1874. The" natives 1 " got' advances, and were debited in the ledger, to the best of his knowledge, against the land. He remembered no. one .instance of accounts so debited being paid in cash. Cross-examined,_by ihe Travers : What he did was under Mr Yates's direction ; wh&nyjhe, fi^Y 6 . 3 , $6. money, they bought of their own ifree will. By Mr Rees, i^Had instructions to collect cash from natives. Had had conversatif>n,on .this, case, with Mr . Duncan, . Mr RfnifoVsV 'clerk, *h ' to the re'siilt 'of the trial. Never, r supplied, cash to natives TrothQut ( I ' authority, from ! Mr. Graham or S&'Wa^ers! '7 jSad 1 no 'to do so. othe.r. .customers \q gVßgffiojiej and get'ifback.' '" . ' ] By his Worship: Did not know what heoiteceiyjedo cash for/ Knew .nothing ; abou'olCWhatij.the; cash , represented, on Xates's; slips; ,>•:. ...' 1:... „.. ,-, ; , ... ii'Greotge D.avey deposed he was a storemah i ('' knew the defendant; and was in fii^enlplby'in'lß6B, and then' left to take a^Sfera^P'uJcawa. While at : defendant's ; vhe^w^s dtorenian.'"' ';: Knew .the', native, jhjs^aiia',, is" nqwr claimed by defendant. ■ Had much dealings with the .. natives. I Hakepe was in his debt. £1000, the greater. par^bjjing f Ol5 spirits ; other natives were; tftteo in his" debj ■ ,yery ; iheavily. Got alii .liquors from Kinross. When he found ■(the natives so greatly,, in. his debt, he.sawi *Mr Kinross about the/ mortgages on the land. They arranged ."a Joint morfcgage^on Mongawa ; at'tKa't •timV-' natives were not .iil^dsbtito^Acbused:/! was to have Colman and Fountain's (£2OO to £300) part^n'dlftcoused"' Mr. McLean's and; Mr Campbell^a^tJ^' 1 Ultimately transferred hia portion also to defendant. Had conts&jltiajpa& %ith [defendant about Kaukaura (Hocliraen'feTea^^Bhowihg that order8 ] had been^^sU^o^iccu^d lor payment to be set agaiTtisi' 'wiiiness's^ snare of Raukaara block, also receipts" for orders given in ,wiS*T 'iUi'W aatlv&j Received "ih^s^orfaa'^rom'-acWae^ , put jn^Wi^Kofr ih'^t'^ißfendant had taken ~over large 1 ; aW{3unts owing 'to witness in 'the shape of goods 1 against land, guaran: teeing payment.) All the orders were giVerPorediti'foriagairist goods Bupplied to witness i*y defendant. : Did not think - natives who signed these orders were -ethbrbughlylawafce ithat; they v were selling \ m^tfeiir () 4andi ,ii?Gnly]. on: one , occasion- h^ v Wg^t'^aali f6r in j exchange for these oraera-T/^y''''-'"' 11 " 1 • '- 1 ; • ■■ -- ' ! ,Hi^W,orship here remarked the accused •was riot" present, and ordered him to be j, calkdy wjien he^put in an appearance. ' Ba "witn%B'cb f i>tinued-^ Accused knew very ■well he 'wala^stJ^pl^ing natives in September, 4370, and adyised'him. to be cautious abouFsuppfyingQiatives' with grog, and that ali grog dOlfr'must be entered as -■ caßh. — On- one occasion Mr Campbell and. Mr Kinross were; present in his house at Pukawa, and Campbell Baid that if he a-had.had' a, public-house there he would .^ve'ila^t^e.wKole of his property freeT ibid r The" draft order witness believed ongmated l with : accused. Did' not think ths natives wanted to sell their land. In . September, '1872, after he had left the hotel, accused said, "I suppose those orders tifybur's were for 'cash and goods ]" He gathered "from ~ this that accused WaMted 'Him. to ; say '-« yes." Had no | tVih l ,' ! his'"own mind that accused > 0 he, u Va, s . dealing with the natives in ( „jgrpgj J 'and,^. that, those orders represented B«iin ..aom^idTegree , grog. Had no other no means of paying accused except by these Oiioirderß.i-ij AU ( .the orders' put in were against purchase and mortgage money. After^the deeds. , were signed, by which o ''' + acbUfled Claimed the land, the Maoris still '^expeote* ! their rent. He knew that, at least, two signatures to the deed were. , obtained through the deceit of Worgan, u ''^He r iHt% r^prete'r, acting for the accused. Cross-examined- by Mr Chapman : Witu V ! ii'e r s's adtattted.he witnessed the signature of the same deed on 4th June, 1870, but found out the deceit some days f - !he 'had' sighed it, and stated that *'"' on' the day in question Worgan called '■' J and 'asked him if he was on for „a } ride. Witness enquire^ where, and Worgan said to some Maori station, and .added,';" l want you to come with me." Witness replied he didn't care about it, but " Worgan said he had better come, as he r , COttW »ot g<rt on without him. They then

y^nt'^way to Qhiti and^spoke tp; him, and to apll, an& lie f replied he did not want to sell, but ' wanted his rent — £2000. After this Worgan offered £200 as purchase money. He signed^ w^apd the qrder was drawn in witness?^ 'fay^r, and Jon the same day the conveyance was (signed without any , explanation. Worgan asked witness to algnj ftrtd; '-he refused. Worgan asked him again^wlien they :got back, but he still refusß^.'::^o'me time.after this he saw accused, whb'asked him to sign, but he still refused,. as he did -not think it was right. Accused, said it _ was all right/ and. witness had call at Morgan's and sign, it. Witness said, "All right,., l'll see//, but did not call however; Subseqftferitly' Mr Off, Mr Kinross's clerk, called with Gofctteyancesy ; with . a note to the effect" th!a£ He must it bf'tWt'tife^sale would be cutout, which would . neither' grift dcerised nor , witness, Qn; 'this he ' s'igneo^ ftj 1 4t ihe % ,same,tinTi'e f statmgio, ,Mr; Orr that if any-* -Th^ of it'lie' would siy all he'knew :; of it. Did riot know it #as wrong to sell to the natives until Mr Kltiro'sa told him ;- got leases himself paid in cash thidtigh Mr Cuffi, Witness subsequently modified this statement by saying tnat in some cases he paid a pound or two, and some ) share in grog. Accused did not say he '..Would not pay orders for grog. Natives did get drunk on his premises, but not i!V;.particulftri3r;dr ; unki" ! : -Mr Reek: The Maoris named on the : charge, sheet in this case were all the natives who are down in Wellington [ ; to give evidence in this case. J rr Court then adjourned till Saturday.',' ' '.-,._: ",\ '. ,' " Sattoday's Proceedings. \ * "'"■'■ (by telegraph.) ; The perjury case against Mr Kinross accupied the R.M. Court all day. T^e examination of the native witnesses was very slow, all they said having to be taken down in both Maori and English. Ve|y little progress was therefore made, and , nothing very important was elicited. rr The principal witness was Parameria One One; who stated that Mr Kinross now claimed certain lands of his known as Raukaw9.,in : payifle^t. for, spirit{f> supplied to witness. The land had be^n -mortgaged to/ Mr Kinross,' but only .;f oft four years. Witness had had goods and from? Mr Kinross on ivar.iou.9j3pca-j sions. He had transacted business with j Mr Kinrogg through;Greorge , Worgan,, who,, acted as interpreter. The goocls were of Vjarions-kin^s^iand ,had been, debited r byj Mr Kinross tp witness, and laibt "against witness as interest in the Raukawa estate. Witness always got whatever he asked for in connection ,^w,ith the.. Raukawa estate from'-Mr'Kinrdss's stored whether goods, money, or spirits. He could not say how "much spirits he got, but he used to get two cases at a time. The spirits were all -charged, against the mortgage on the Rau* kawa, estate.. Witness alway.s. signed a document when he-got goods', 1 spirits, or money. 1 „ He did not understand the contents of those documents. Mr Kinross ; used to tell him the amounts of =the cheques. Witness could not read himself.

The case was then further adjourned to June 10. ' .-■■•'■