SUPREME COURT.

Poverty Bay Herald, Volume XIII, Issue 4742, 16 December 1886, Page 2

SU PREME COURT.

(Dc'oro Ilis Honor Sir ,T. PrenJer^.ist, C.J.) I YESTEIIDAY. I VV. ]-]. TrcKKii v. Joyce ami Kennedy. I Mr W. L. Raes for plaintiff ami Mr \V. Brassey for defendants. This was ;i claim for possession and mesne profits. Judgment was reserved. T. W. PORTER V. HEM KOTiKOTI. 4 Mr Kenny and Mr Watson f<>r plaint iii" and Mr Finn for defendant. This was al claim of £Ki9 7s 4d for dobt. I After the evidence for the plaintiff ; tl was arranged amnngst tlie parties tha/fl judgment should be entered up for £SOJ and £10 10a costs. THIS DAY. I T. Goldsmith and M J. Gannon v. th™ N Z.N.L. Settlement Company a.\S Read's Tkkstees. ■ Claim possession of land and mesnv prh'ots. ■" Mr Gully and Mr Kenny for plaintiffs! Mr DeLautour for Read's Trustees, an! Mr Rees for the Company. I The following were tlie special jury sworl in : — A. Graham (foreman), H. Clayton! B. Sherriflf, T. Adams, G Stephensoi* C. J. Shaw, A. P. Knight, T. W. Bilhanl F. Dufaur, F. J. Morgan, F. J. PicssM and G. L. Sunderland. ft Mr Gully in opening the case made sonjft very terse remarks at the manner m which native land transactions were caru'cß on in Gisborne. He reviewed tha case M some length, and called Thomas (*olß smith as the first witness. ■" Thomas John Goldsmith : I am ili v i« on part of the Awapuni and MatafrrheK • No. 1 blocks, and have beo.i since 15th He February, 1878 I know a native nnnitt Hamiora. Ho was on the block wht>iHr fc first went to live on the block, and wl the exception of six months has ahvnft been there. During his absence Hami<(~ left Raiha and myself to look after ■* cultivation which was fenced in Thfl' were about three acres. Hamil went to occupy a three roomed boH on the block. Raiha and myself w!/ on the block 12 months after Hamij^L when Hamiora returned after hia^^^fe months absence ho built a whare, whjfi* was near the line of the Awapuni ;M.| Matawhero blocks, if not on the 1«/ The three acres were partly on Matawl™/ IS o. 1 and Awapuni blocks when HamiH left, but during his absenco I niadW smaller enclosure, which was on MB.' whero No. 1 block alone. There wjß' woolshed on Mutawhero No. 1 blockß t put sheep on the. Matawhero No. 1 bit. in 1878, and Read did nofc object. I H^ fc them on by permission of Haminra. l^K,., was a niece of Hamiora. 1 ran sto^wf ' the block for about two years. I h.ivoHTi stock on since. Hamiora remfiiupflfj the wharc ho built until his death, bl i could not say whether it was on the J, ( . awhero or Awapuni blocks. HamioraH* ' i a cultivation ground on the MatawM' No. 1 block. He continued to cultiK/ the cultivation ground until about t«L years ago. I and Raiha occupied the hHj, 6 until about twelve months ago, whH^ shifted on to the ndjoiningblock. -AflLt; three months ago I pulled down the v^K of the enclosure. [Deeds of conv«-jjH Hamiora to Raiha and Raiha to 'Mm smith put in.] There was never anJft; B _ pute about the woolshed. B| To Mr Rees : I paid the considers for the land to Raiha in notes. r flL P . non was present, and I think he sam.' money paid. I never heard a dijH . about the boundary between Av/apuifl, \ Matawhero No. 1 blocks. TherML something said about it. Hirini Ta'lcHFi & claimed that the Awapuni boundafy^ffL t up to within the Matawhero D °u«™, rv Raiha was there when the AwapunML ' Burveyec 1 , and knew where t he|S n< BL a^ She told m 8 where it was. T^'heMjjjyjS Raiha pointed out to me is outaidH\i Matawhero fence. I did not kooa^ building 1 was living in in 1878*!KpiL the Awapuni block. I was living ol\j! Matawhero block. The pegs showjH this. I don't know whether R tf &d d^L 1P d Hamiora'd share. 1 was never to!^ft"L . he did. When I bought the B " e epßC m Hardy I told him I was g"ing to pu^K. em on a share given to Raiha. I ktuß thing about the Kaiparo block. Btold Hardy I was going to run the sh^H part of Matawhero block. Raiha KL c[ i an interest in Awapuna. BetweH ,i verbal giving by Hamiora to Raiha j • share in Matawhero, I asked him (^^ • ora) whether he had sold, and wh?^F v had received the consideration ift|jp V Ho said he had not. I objected to K,nr>f> being put up on the Matawhero b0J8^.,,,, Someone came to put it up. B Mr Kenny then put in the origitlj amination of Hamiora, who is d^H : which it i 3 absolutely denied that HK': , i . t» i ■■IlUlci signed to Read. H A. F. Hardy deposed : I had l^L^ j n the employ of Capfc. Read, and in j»^ ploy of the Trustees after his deal j recollect a deed to Read P ur P or tingH' con _ vey all the interests in MatawheroM , The deed produced is the one. IM^ ' Court last December when a nati'j!^,,, portina to be Hamiora gave cvidencHLju witness who then appeared was ■[*.], native who signed the deed. I V , know who putHamiora's mark to thSi j Those signatures 1 obtained were o^ft^in Gisborne. No solicitor was *<™L, Rf the time. I was endeavoring to J,jf m Read's lands put under the Land T^tj S f er Act, but I found this deed in su cjjMgt a t 0 that ifc could not be done, and cc i him to get a new deed altogethH i» would not do this. I told him- tHL , ■ natives had not been paid for tIK , and that several of them denied -tML' • ' natures. I can't remember mei lL n j n 3^ any particular names. Wi Haroa|f ' n one and Wi Pere another. AfterM^,, death I had a conversation w i tn lf ea^' executors, Mr McFarlane and LaH" and I wrote to Mr Maud. I told W^g.' teea that the title was not of "^"cHpoi-jg as the natives had not been PJB^ i that several of them deniedw., . signatures. An advertisement w]w5 n *-'j n asking the natives to call a^tke <^Et a e-', office. Within my knowled*! no H n e^? the natives completed. I believeff c ance owing on the Matawhero V.i / after Read's death was £1100. ThJ^^ would not get the whole of the itg), as money down. Some got £5, a°ff £jn and so on. I was told by Mr A^ ' and Mr McFarlane, and lastly^r „ I Maude to purchase Hamiora'a aM^ fl , tried to purchase, but could not HLlpj No money was paid by Read's TrM^ - ' respect of Hamiora's share. B To Mr Rees : J wa3 told by Wfj-g,, , that the share had not been bougj j c ,^ tested the signature of Hamioraß , at j of 1870. I that heard that Han* £*[ not sigqed from Read's Truattftj Ji doubt I referred to my attestaB l ? must have been told he denied iK; ture. Before this I had sold ai «^heen to Goldsmith. I knew he "iMMii >£ run them on Matawhero, but n^WJ£t , him by what right he was d o *™^ 8 j tried to purchase Hamiora'a ah&rH ,' ,. , not see Hamiora himself, bub s£ Bt^-i! on the Matawhero block, property belonged to her. The » a * vp ie to the deed (those 1 attested) wff , , in Cap'ain Read's otlice. Ido fl £ eu who was present. I cannot remeH^ . ncnv one particular occasion that, anyB 61 * an^ ticular native was present or siijß° deed produced is in my writinlßk . lease dated 1800. I have atteafflßl 18 ? ora's signature to the deed. ThJL* l^ 1 ", 1 " for part of th« Matawhero bloclcft 166 " *? not have b-jon able to recognise jß W( ? u after his sii'iiing Hio deed. B* ll^ o^ ruary, after Capt. Read's deathil J 5 " a notice to R vul before his doitß J!*? memo with r.:feronce to the penft- w^ titles under the land Transfer » m s,if nctice only c.ntAiaed one 'ret ® wwmeoo

With reference to the Matawhoro No. 1 block. 1 have sonu the book, produced before. lam familiar with the contents up to tho end of 1872. Tho book is 41 Matawhero, No. 1." Ido not keep the book, but opened it. for tho accountants. Probably I should have referred to this book when 1 was perfecting the titles under the Land Transfer Act. When I said I had no knowledge of monies being paid to Haniiora I did not have tho contents of the book in my mind. Re-examined by Mr Gully : 1 have no personal recollection of attesting Hamiora's signature to tho loasa. Tho signature was wedged in between two others, and I have no recollection of it being put ill in that way. I have no doubt that the Haniiora who aave evidence Wii3 not the person who signed the deed to Read. I have no recollection of ever seeing the native before he came into this Court last December. An application was made to bring Raid's land under fcho Land Transfer Act in 1872. As to Matawhero No. 1 the application was signed by Read aud then disbanded. The account* book was not made by me, but by the accountants. There are somtsmall amounts under Hamiora's name, but I have not the slightest knowledge to what they refer. Clausen Anderson : I know Mr Read, and know the Matawhero block. 1 knew a native named Haniiora who, in 1877, lived down in Read's woolshed which was on Matawhoro No. 1. I was in Read's employ up to his death and was in the Trustees' employ. Haniiora waa Jn possession of tho land in 1877 and 1878. Goldsmith went into possession in 1878. I know Mrs Goldsmith, who was living on the same placo with T. Goldsmith. Goldsmith put stock on the land in .January, 1878. Under instructions from Mr Allen, in January, 1870, 1 drafted the sheep from Read's. Goldsmith put the sheep back. They remained for seven or eight months. There were other natives on tho bock. To Mr Rees : Hamiora was living on the Awapuni side of the wool-shed. There was no disputo .is to the Awapuni and Matawhero boundaries. In 1877, 1878, and 187 D Captain Read was in possession of the whole block. I can't define the boundaries of the block. To Mr Gully : Goldsmith was running the 3heep by right of Rhia's claim to an old native's share. William Maude deposed : I knew the late G. E. Read, i acted as his executor for a short time. During that period I had to deal with questions affecting Matawhero No. 1. I had to deal with a share called T. Goldsmith's share or T. Goldsmith's woman's share. This would be in March 1878. I had heard from Mr Lawronce that tho share was pretty nearly useless, and I tried to get a deed of confirmation or a new sale. 1 received a letter from Hardy asking me not to lose sight of tho share. Mr Hardy said that although he had witnessed tho signature it was a forgery-. 1 employed Mr W. Cooper to negotiate the affair. When the stamp duty was being computed Mr Lawrence deducted part of tho consideration which had not been paid to the natives. Mr Lawrence told me that the Trustees dare not close up the estate on account of the title. To Mr Rees : There was something said by Hardy about not making a villain of himself, but this was afterwards. I tried to get him to make a clean breast of everything, and make an honest man of him in spite of all consequences, but he would not do so. Hirini Moetau deposed : I belong to Wairoa, and know the Matawhero l>lock. I recollect Mr G. E. Read, and the signing of a conveyance to him cf the Matawhero block. [ knew Rawhira Timo. He did not go into the house when the deed was signed. Read called out liawiii Kaupu. This is the same man a3 Kawiri Timo.

I High Water i Su.. DkCKMBKR. | A.M. P.M. 1 ii*c» | StiH^ Wednesday.. 16 | 3.37 | ». 4 iTIS |T 1 2 Thursday .. 10 | 9.32 | ».->» | 4.15 i 7. 2 Krioay .. 17 1 10. -.0 | 10.r.-i | 4.15 |7. 3 Saturday .. IS | 11.18 , 11.43 , 4 l(i i 7. 3 -..i. v 1!) ' — .-- I 0 S I 4.1 4I T «