AUCKLAND.

Lyttelton Times, Volume I, Issue 43, 1 November 1851, Page 6

AUCKLAND.

(From the Maori Messenger.) Interesting Case op Native Arbitration. —A Case of much interest and importance to our native readers has, we are happy to say,lbeen recently arbitrated by the Resident Magistrate, Thomas Beckham, Esq., to the entire satisfaction of all the parties concerned. As this case has been the source of much vexation for a period of nearly two years, and as its amicable arrangement is alike creditable to native intelligence and forbearance, we deem it incumbent to furnish an authenticated statement of the particulars, not merely to exhibit the good faith and commendable prudence of the litigants, but to demonstrate that native dependence upon the integrity and impartiality of the discussions of British Justice; is neither misplaced or unavailing.

About two years since, a married woman, named Tauroa, of the Ngatiumetahi tribe, having conceived a passion for Maxme'ra of Wakatena, a native of the Ngaitonu tribe, abandoned her husband Taunaha, of the Ngatiuraetdhi tribe, for her paramour, the younger brother of the Te Kawhia, of the Ngatipaeko tribe; among whose people she continued to live in her adulterous intercourse with Manuera. For this offence the tribe of Tauroa demanded compensation and received as a full and complete satisfaction, one double-barrelled gun. Afterwards, however, Ihaka Tupou and his tribe, demanded that Tauroa, who was related to them, should be given up. With his demand Manuera and his brother Te Kawhia refused to comply, on the plea that full satisfaction for the wrong had already been made and accepted. This, however, did not satisfy Ihaka Tupou, who took forcible possession of a schooner called the " Rebecca," of which he and Te Kawhia were joint owners. This vessel Ihaka Tupou would neither relinquish, nor yet would he repay Te Kawhia the sum of money which he had invested in her purchase. These proceedings were the occasion of much heartburning and anger among the tribes, both parties residing at Whakatane, in the Bay of Plenty. Having been unable to effect any accommodation of themselves, in November last Te Kawhia solicited the intervention of the government, praying that he might either be put in possession of his share of the vessel, or that he might be able to obtain from Ihaka Tupou the repayment of his portion of the purchase money. In conformity with this desire, on the sth of December following, all parties assembled at the Native Secretary's Office, where a lon^ and fruitless discussion ensued, the only decision,^ which they could come, being to leave the matter for the arbitration of their own Chiefs. This, however, would also appear to have proved a failure. At last, we find them like well conducted intelligent men, entering into a bond, on the 2nd of the present month, to refer all matters in dispute to the full and final decision; of the Resident Magistrate, to abide by thai decision, and consenting that the agreement and award should be made a rule of the Supreme Court of New Zealand. In pursuance of this agreement, the case was investigated that very day, when the following evidence was adduced:— Te Kawhia stated that the vessel in dispute was named " Rebecca." She belonged to him-

self and Ihaka Tupou. They purchased her from an European, named Tommy, some years since. He (Te Kawhia) paid for his share of the vessel, twenty large pigs, ten baskets of corn, twenty baskets of flax, and two hundred and fifty baskets of potatoes. He had been dispossessed of his share by Ihaka because of the woman Tauroa. It was after he had purchased the vessel that the woman came to live with his tribe. He did not know why Ihaka interfered on account of this woman. He had paid compensation to a man called Umutai for this woman, he had also given Ihaka a double-barrelled gun on the same account. Was still kept out of possession of the vessel from the same cause.

Manuera said—Te Kawhia, Ihaka, and I purchased the " Rebecca." Ihaka was to have one half, and we two the other. I and Te Kawhia gave twenty large pigs, ten baskets of corn, twenty baskets of flax, and two hundred and fifty baskets of potatoes for the vessel. Te Kawhia permitted the woman Tauroa to live with him. I was her husband. Sl.e ran away from me to Ihaka. She was a widow when I took her. Te Kawhia had nothing to do with her, but he is responsible for my act, being my elder brother. The vessel belonged to us these two years. We had no compensation for beingturned out of the vessel.

Ihaka Tupou stated—l have heard what the witnesses have said, and their statements respecting the woman are correct. They acted according to the ziative law, but I pursued a different course. I was requested by Mr. Wilson, my missionary, not to allow them to have anything- to do with the vessel. Mr. Wilson advised me to pay them for the value I had received in the purchase of the vessel. Their statement respecting the payment they made is incorrect. They gave seventeen pigs, twenty baskets of coin, twenty baskets of flux, and seventy baskets of potatoes. I gave two hundred and fifty-three pounds in money for the vessel, including their amount of twenty-three pounds fifteen shillings. I returned the payment I had received when the woman came to me. I put her away. She was married to Tunahi, one of my tribe, from whom Mauuera stole her. Te Kawhia's party are not the same tribe, but they are nearly related. I brought the provisions I have mentioned to Auckland. The potatoes, flax, &c, given to me by Te Kawhia's party were grown on my land. This was the case for the Resident Magistrate to determine, and it will be apparent from the award which has been made that that decision is well calculated to increase native confidence in the purity of the administration of Justice. "The plaintiff's written statement to the Native Secretary differing; somewhat from his testimony at the investigation of the case by the arbitrator, leads him to believe in the correctness of the defendant's statement, which sets forth that the plaintiff gave goods in consideration of his interest in the vessel to the amount of about twenty-five pounds only. The arbitrator, therefore, is of opinion that, allowing interest for the two years during which this dispute has continued, the plaintiff thereby being prevented by the defendant from deriving any advantage for that period from his outlay, the sum of thirty pounds would be a fair and reasonable allowance to be made to the plaintiff, in full liquidation of his claim, by the defendant. The arbitrator therefore awards the sum of thirty pounds to be paid by the defendant to the plaintiff, the latter on his part undertaking to forego all further claim upon the vessel." It is^extremely gratifying to be enabled to state that this judicial decision afforded complete satisfaction to all parties. And as the impartial and upright mediation of Europeans lias been found successful in the arrangement of a dispute of so much delicacy and of so longduration, it is to be hoped our native brethren will henceforward feel such simple means of mediation a ready and honorable method of escape from discord and difficulty, The full amount of the award, 30/. was paid in Court to Te Kawhia; but Ihaka Tupou having but 241. 13s. in his possession at the moment, the Native Secretary advanced him the necessary balance, 51. 7s. which was duly repaid six days thereafter.

The Press and the Papacy. — Those who would—if they could—bring us again under the yoke of superstition, may ascribe the opposition which they encounter in their designs to the agency of the Arch-Enemy ; but the real truth is, that the only devil they have to contend with is the printer's.