A BLOCK OF GREENSTONE

Sun (Christchurch), Volume I, Issue 299, 22 January 1915, Page 9

A BLOCK OF GREENSTONE

GIFT TO CAPTAIN HALSEY.

NATIVE LITIGATION.

Press Association

AUCKLAND, January 21

Mr Cutten, S.M., gave judgment, today at the Magistrate's Court in a case heard before Christmas, in which Henare Kaihau (Mr F. R. Massey) sued Mere Paora (Mr E. C> Blomfield) for possession of a block of greenstone, of the estimated value of £IOO, also, for £25 damages for alleged wrongful detention of the same. Interest centred in this.case because the defendant had presented the greenstone to Captain Halsey, of 11. M.S. New Zealand. When it was claimed by Henare Kaihau it was Jet't in charge of the Mayor of Auckland, pending settler rnent of the dispute. Mr Cutten said the claim amis for possession of a block of green >: one weighing 17olb, and apparently greatly prized. Plaintiff and defendant were both Maoris of high rank. The stone had been in possession of the defendant. (Mere, otherwise Mary, Paora) and her father for a great many years. Jt had been presented to another Maori chief, and was ultimately returned. At the time of the visit of H.M.S. New Zealand to Auckland, Mere Paora presented the block of greenstone to Captain Halsey. Plaintiff then claimed the greenstone, and notice was given to Captain Halsey. It was then arranged to leave the greenstone in possession of

the Mayor of Auckland. Mr Cutten added: "I think it may be taken that no Maori of the rank of the defendant would have risked a reflection upon the good name of the Maori race by presenting any article which did not belong to her. At most, therefore, the presentation must, have been made under a misapprehension. In the circumstances, it is very unfortunate that Captain Halsey ,was brought into the matter. One would have "thought it, more in accord with the traditions of the Maori race that a Maori of high rank would acquiesce in the presentation, even if a mistake had been made,

rather than that, a reflection should be cast upon the whole Native race. It would, too, have accorded well with Maori sentiment that the greenstone should be with the battleship New Zealand while she was doing her duty in the present war. However, if Kaihau considered he had legal rights he was, no doubt, entitled to take stpps to enforce his rights. His Worship then reviewed the evidence at some length. It was clear, the judgment proceeded, that plaintiff's account of the matter was unsatisfactory. lie had left the stone in the hands of other people for twenty-three years without making any claim for its possession. Although he said he left it in the Chief Paora Tuhaere's possession merely for safe-keeping, he did not claim it on Paora's death. Further, it was to be noted that- if plaintiff's story was true, Paora was guilty of extremely dishonourable conduct, in that the stone which lie held in trust for Henare" Kaihau he gave to his young daughter. Whatever faults the Native character might have, it was extremely difficult to believe that Maoris of the rank of these men would act in a way that would be dishonourable in the eyes, of their own people. Mr Cutten concluded: "I am satisfied that the history of the stone given by the defendant is the true one, and that at the time of the presentation to Captain Halsey the stone was defendant's property. Judgment is for defendant, with costs." Mr Blomfield said: "The stone-will now be sent, on to Captain Halsev."