COMPENSATION COURT.

New Zealand Herald, Volume V, Issue 1308, 25 January 1868, Page 4

COMPENSATION COURT.

-(BeforeThpa. Beckham, Esq., 8.M.) >iCASE OP AHiKBNE KAIHAtJ. Mr. MacCormick, barrister, instructed. by Mr. C. O.Davis, appeared for the claimant; Mr. Boardman fpr : the Government; and Mr. Preece interpreted. I This case occupied the Court from 2 o'clock to 6 o'clock on Thursday, and from 10 to 12 yesterday. The evidence was that of the claimant, who was under examination and cross-examination for over five hour's:' ■ The amount of the claim was nearly £1800.' 'The evidence is too voluminous for publication'. 'It'went' to show that claimant and his people, with the exception of a very few, had remained loyal and'aided 1 the Government, and the property named was partially personal property, and partially belonged: to the hapu, and some to the tribe. large oanoe at .OneHunga formed a portion of the claim.

-"■At the close of the examination Mr. MaoCormick addressed the Commissioner, and said after what had fallen from; the Agent of the Government he would abstain from calling any witness. He congratulated the, Government on.having the services of so vigilant arid .'.energetic an Agent, as Air. Boardman, and it was necessary ,that vigilance, should be exercised to " defeat ' the many fictitious claims, which weTe 'sire 'to be advanced on such occasions'as these investigations. He felt "certain, "however, that Mr. Boardman must recognize the claimant's right to eVeii liberal'compehsation from the Government, and hel" would not hesitate to tell the claimant that the Government must award him liberal compensation. Hedid notexpect of course, thatthe claimant would receive.what ho . claimed for every article mentioned in his claim. He looked upon the list of articles sent ni by the'claimant, as merely the foundation upon vrtiich thy Ooiirt would recommend an award, and he (Mr.'-MacCormick) knew he could leave the claimant's owe with confidence in the hands of the Court. He submitted that the Government should award compension.to Ahipeae not only'for those things which were shown to be his own property according to Europeac notions, but also'for .those things ; which he claimed as bnloa>;:n s; to his particular haDU, and indeed, fortho'se which' belonged to hirtiself in common with'the whole tribe of Ngatitoata. Ho would not interinto'the details of the claim, but it was quite "clear thbt the claimant ha 1 a legal claim against the Government for the canoes wtiich had been taken from him toibe used in the Transport Service, and for which ho had over and Over again been promised payment. The claimant had also a- most rightful claim for, iue large c noe, and for those other canoes whiohjhad been taken by the Government in carrying on) the war. Ke (Mr. MacCormick) knew that in th r't matler of. compensation the claimant had to trust to'the honour of the Government, but he hoped that the claimant was as safe in relying on the honour of tße Gbvernment aB if an .Act of Parliament existed compelling the Government to award compensation. Th'ia ' case was' one preeminentl? 1 deserving of tho favourable >egard of the Government The claimant, itywas well known, had always acted the part ol" a most loyal and.faithful friend to the Queen's Government, am. he (Mr. MacCormick): c "uld not suppose for one moment that the Government would do otherwise ,than give the compensation he was justly entltlecT to, but he (Mr. MacCoi-mick) ventured to suggest that, as a mere matter of policy, the Government should award the claimant most liberal compensation. He would ask His Honor the Commissioner in making his award to bear in mind the trying circumstances under which this claimant had been placed during the late war, a war between the foreign race on one side and the native race, this man'a own 'lindred on the other side, and how the claimant had borne himself under these circumstances; how faithfully and consistently he had acted the jart of a friend. ' . The. Commissioner said the claim was a very important and peculiar one, and would receive, as it deserved, his best attention.

Mr.'Boardman said that it was no part of bis duty to offer a factious opposition to any clsim of a bona [fidt character, but it was necessary to ascertain the facts respecting all claims a 9 clearly as possible. He believed Government had used claimant's canoes, and that no doubt payment would bp made for such as had been employed in the Government service, and notireturned. But with regard to the miscellaneous property claimed for, the experience gained in connection with these: »1 aori cases showed the absolute necessity of a close investigation to fix the ownership of. the property, and to Bee that the property belonging. to a hapu or tribe was not claimed for by different individuals, and so the Government, whi:li W!l3 another term for the people, have to pay compensation" three or four times over for the same pr per ty. Tfc claimant himself had doubtless rendered good service to 'tha Government in a danger im time, and he quiteaureed-with the remarks of Mr. Mac'Jormick on that point.