NATIVE LANDS COURT.

New Zealand Herald, Volume VII, Issue 1872, 15 January 1870, Page 6

NATIVE LANDS COURT.

Fbiday, January 15. ([Before Chief Judge Fenton, Judge llunro, and Mr. W. M. Hikairo, Native Assessor.]] The Court sat at ten o'clock this morning. IJK niRSCJI V. WHITAKEB .VXD LU.VDOX. Messrs. Macdonald and Hesketh appeared for applicant ; Mr. Rees for Messrs. Whitaker and .Lundon. The Chief Judge informed counsel that he received a letter from liis Excellency the Governor, stating that several natives who had been subpeened to attend the Court as witnesses hud been detained by him at the Thames. Mr. Rees then stated that be, had an interview with his Honor Chief Justice Arney with reference to his Honor sitting as Chief Judge iu the Native Lands Court on these cases ; an(l that the Chief Justice resolutely declined to do so. He (Mr. Rees) then addressed the Court for the defence, stating the principal parts which would be deposed to by the witnesses he proposed to examine in rotation, to blocks 16 and 2-1, Kauwaeranga, and trusted that the refutation which would be made of the unfounded and disgraceful charges which had been made by the other parties against the Messrs. Whitaker, before the public tribunals would be made public -to the people of New Zealand.

Anaru te Poroa was examined at considerable length as to the transactions which himself and the other native owners had with Mr. De Hirsch, and subsequently with Mr. Lundon in the execution of leases of block 24. He preferred leasing the lands to Mr. Lundon aB he gave a larger rental, and as he did not care about Mr. De Hirsch.

Mr. Frederick William Eicke, a shareholder in the Golden Gate Gold Mining Company (Registered), deposed that the ground was pegged outon the 24th December, 1868, and it was registered on the 6th January, 1869. It was not true that himself, Whitaker, Haase, aud O'Connor pegged it out, as stated by Mr. De Hirsch. Mr. Whitaker had nothing to do with the pegging out of the ground, and if Mr. De Hirsch had taken up that land in January under miners' rights, he could not have held it, as they had got possession of it. The Messrs. Whitaker could not have profitted in any way by the pegging out of the claim.

Teretui King£ gave similar testimony to tuat adduced by Anaru te Peroa. Mr. John C. Youag, Clerk of Resident Magistrate's Court, Shortland, was examined, and stated that between F bruary and June, 1868, several persons who had acquird laid in Grraliamstown bad been speaking to him about getting leases of the same. Notices had been issued by Mr. Mackay, who was then Civil Commissioner warning persons against entering into contracts with the natives for the laud as they would be illegal, and that they should do so at their own risk. The notice issued had reference to Grrahamslown —to the land between Tookey's Flat and Shortland, which include;! Kawaeranga No. 24. The Court arranged to take the hearing of Kauwaeranga No. 14, on next Monday week. The Court adjourned until Monday morning nest.