Before His Honor Chief-Justice PRENDERGAST.

Wananga, Volume 2, Issue 13, 26 July 1875, Page 1 (Supplement)

Before His Honor Chief-Justice PRENDERGAST.

Paora Torotoro and Rewi Haokore v. F. Sutton.

Instructed by Mr. Sheehan.

Counsel for Plaintiffs—Messrs. Travers and Izard. Counsel for Defendant—Messrs. Wilson and Cornford.

The following Special Jury was empanelled:—John Chambers (Foreman), C. J. Gully, Edward Moore H. C. Wilson, W. U. Burke, George Willis, John Robjohns, Massey Hutchinson, C. B. Winter Edward Pulford, G. H. Norris, and W. Routledge. *

Mr. Travers, before opening the case, applied for leave to amend the declaration, making certain, clauses more specific. Mr. Wilson opposed, on the ground that the matters proposed to be added were sufficiently set forth in the declaration in its present form. His Honor allowed the addition, as making the allegations more distinct as to fact. Mr. Travers said this was an action for specific relief, brought by Paora Torotoro and Rewi Haokore, -aboriginal natives, against Mr. F. Sutton. Its object was analogous to what was known in English law as a suit in Chancery—to obtain the reformation of certain •deeds executed years ago by the plaintiffs to the defendant. This relief was claimed on the grounds—first, that certain lands were de facto included in the <leeds by mistake, contrary to the terms of a special agreement between the parties; and secondly, that these lands were fraudulently included in the deeds by the defendant, he knowing not only that there was no intention on the part of the plaintiffs that the land should be so included, but that in having it included he was acting contrary to the express terms of the agreement between himself and the natives. The nature and object of these proceedings, then resemble that of a bill in Chancery, and was an appeal to the jurisdiction of the Supreme Court, with the object of obtaining the reformation of certain deeds, on the .ground of mistake and fraud. He did not intend in i opening the case, to go into it at length, but merely to I lay before the jury the leading circumstances, and l leave it to the evidence to develope more fully the I

general character of the transaction, and also those special circumstances which, in the opinion of the plaintiffs, entitled them to the relief they sought. As they would all be aware, it was not until the Native Lands Act of 1865 came into operation that anything like individual title was recognized among the natives, and that up to that time they had no opportunity of dealing with their lands in the capacity of owners. Shortly afterwards Mr. Brathwaite, a settler, desired to obtain a lease of certain land in which the plantiffs and the natives were interested, and which he was occupying at the time for pastoral purposes. This land which must be distinguished from the block as a whole as afterwards defined by the Native Lands Court—consisted of two specific portions, known by distinct names, the northern portion being called Moteo, and the southern portion bearing the name of Omaranui—comprising altogether some 3410 acres. But in addition, in immediate contiguity to the portion known as Moteo, was a piece of land, 163 acres in extent, occupied at the time, and ever since by a considerable number of families. It was always known as distinct from either Moteo or Ruaranui, and was called by the distinctive name of Ngatahira. In the negociation between Brathwaite and the natives, there was never any intention on either side that Ngatahira, should be included; in fact, the negociations were throughout expressly confined to the two pieces known, respectively as Moteo and Omaranui. [Mr. Wilson, objected to Brathwaite's arrangement being brought irt as part of the present case.] He was prepared to shew

"that the trans action, was strictly connected in terms "with, the land in the occupation of Brathwaite," and that from the very commencement of the dealings with "this land to their close, it was never in any way contemplated by the natives to relinquish their title and their settlement. [His Honor: Ido not see how you -can go into the transaction between Brathwaite and "the natives to show the nature of a subsequent and different agreement.] [Mr. Wilson: If my friend merely means to show that the land now in dispute "was not in Brathwaite's lease, we admit the fact.] They Tequired more than this, as would be shown ■when he came to point out the result of these dealings. £His Honor: Have you any documentary evidence of their nature 1] There was none whatever j but as bearing upon this point he would quote the case ©f Powell, v. Smith Law. Rep. lJf., Equity Cases, page 35, -jThe defendant was a gentlemen possessed of considerable estate, and in all leases granted by bim it was customary to make the lease terminable at the will of the lessor only, and the plaintiff sought to have the lease made terminable at the will of the lessee. In this case it was shown the introduction of other, leases executed to other parties that this was the rule, and also that the lessee -was conversant with the fact, —and the Court admited the evidence. Similarly in this case he would show that Sutton was well acquanted with the terms of jßrathwaite's lease, and that all his transactions had special reference to the land actually occupied by Brathwaite. It was with the object of proving that Sutton must have been aware of this limitation, that lie would bring evidence to show why the limitation was made in Brathwaite's case. The result of the megociations between Brathwaite and the natives .was an application to the Native Lands Court to convert the orignal native title into an individual title. Mr. tenure at this time was that of a merely temporary arrangement, not sanctioned by law; and must so remain ujitil the orignal basis of title was altered. Among the proceedings necessary as a preliminary, was a survey of the land. He would show that the surveyor was expressly instructed not to include anything more than the land leased by Brathwaite, and the boundary of Ngatahira was distinctly shown. The survey was executed and paid for, and Rgatahira was afterwards, included in the crown grant of the block. He would show circumstances in this relation which were important as inevitably connecting the defendant with a knowledge of these particulars. And he would here state that the actual determination of this case might not rest here after all. It might be a question hereafter as to what the result of there finding might be, and the court would decide ■whether or not that finding entitled the plaintiffs to relief. He would show that all the proceedings he had described were taken by Brathwaite, with a view to the lease, and that immediately on the granting of the certificate, the crown grant passed into the hands of that gentleman, and never left them till after the completion of the conveyance, when it passed to Sutton: never having been in the hands of the .natives at all, who thus had Ho means of checking, the plan, and had proceeded thrpughout on the belief that 35Tgatahira ,w:as aiever included at all, and had occupied it from that day to this as a settlement and cultivation. Such was

the state of things up to the time of the mortgage. Itwould be found that the lease to Brathwaite°included only those parts of the land known as Moteo and Omaranui; but it would be found also that in the crown grant, for reasons not easy to explain, that the whole block was included. In Brathwaite's lease the plan showed on the north-east corner a piece of land outside the pink boundary, between the block and the river. No name was given to it in the plan, but it was marked " native reserve. " The date of this deed of lease was 28th July 1866—not an unimportant datein connection with 9ther matters he, Ha& to before them. They would notice that it was executed in the same month and year as the crown grant for the block, which bore date 14th July 1866. They WttillA find that Brathwaite, in the matter of the lease, respected the arrangement between himself and thenatives, and included no more land in the deed than Moteo and Omaranui. They would find also that in the description of the property contained in the lease reference was made to a fence dividing Moteo from the native reserve—indicating actual occupation on the part of the natives themselves. This deed then, which was registered almost immediately after execution, contained on its face and in the plan clear indications that this part was treated as a native reserve, in actual occupation for purposes of cultivation and residence. Such, then, was the state of things when the defendant appeared on the scene, shortly before the date or the mortgage. About this time, Paora Torotoro, who had become indebted to the defendant for goods supplied in the ordinary course of trade, became suddenly alive to the consideration that the land leased to Brathwaite, and from which he was deriving an income of £3OO per annum, was a sort of minp 0 f wealth, from which he might draw for supplies. Throughout his whole conduct this old chief had displayed a childish and reckless extravagance, coupled with a remarkable susceptibility to imposition. They would have little difficulty in infering that of the two men, Mr. Sutton was the most knowing, and that in the contest of intellects the keen man of business, with a shrewd eye to a bai-gain, was not likely to come off second-best. >io doubt they had learned before this of the style in which Paora made use of the credit accorded him—of his fine new gig, in which he drove with the lamps burning in broad daylight—of his handsome house with its furnishings, including the four cupboards, filled with spirits, and free to all comers. At the time of Sutton's first connection with this business, Paora was his debtor to an indefinite extent, and was inclined to go further: Mr. Sutton knew the uses of a mortgage. He therefore placed the matter befoi'e the native, something in this, way :—" You owe me £l5O, and you want a house built, which will cost about £350. I have no objection to advance the money for that purpose if you give me a mortgage." The result was that a mortgage, with all the usual forms, was carried to Paora's house by Mi*. Sutton and a person called an interpreter, and Paox*a, under the impression that his supplies were about-to be stopped, and under influences which' he would bring to their notice, was induced to sign the deed. Paora would swear*—-and other, matters which would be brought before them would, enable them to decide whether truly or otherwise—that he had no

conception at the time tliat the mortgage included the land now the subject of dispute,— a block which had been occupied for years as a settlement bv the natives and over.which, according to native custom, he had no right of control whatever. To his mind this view of -the case was perfectly clear, and lie had no doubt of •establishing it to the satisfaction of the jury. In fact it wiis not impossible that Mr. Sutton himself was at this time unaware of the fact, and that his explanation to Paora Torotoro corresponded with his own view of the land included. He would refer to another circumstance not without significence. In most native leases executed in the province there was included what was known as an improvement clause, covering all the outlay to which the lessees might go in fencing, draining, and otherwise adding to the value of the land in their occupation. Nothing of the kind was to be found in Brathwaite's lease, though at the time of the execution of the mortgage he had spent some .£2,000 on improvements. Some months afterwards, however, a document of doubtful validity was executed to supply this omission. There could be no question that at this time Sutton had a good idea of the value of the land, and to what extent it had improved under Brathwaite's inanagement. The circumstances attending the execution of the mortgage deed would be detailed in evidence, and the jury would have to decide whether or not a distinct pledge was given that it should include -only the portion of land under lease to Brathwaite. That something of a loose kind took place regarding the division of the land would be proved, and Paora gathered that he was mortgaging, not the land described in the crown grant, which he had never seen, but that which he had already leased to Brathwaite. Having now secured the mortgage, Sutton felt safe in lengthening Paora's credit tether. Paora found himself at this time considerably in debt, and possessed only of a property over which his creditor had an inconvenient -charge. Having tasted blood, however, and being told that a nice margin still remained, he shortened his tether with marvellous speed. At length he is told—we think we can accommodate you a little farther, but we shall require a conveyance. The deed was ready prepared, and the natives were taken as before, "on the hop." The mortgage bore date sth October, 1868, and the deed of conveyance 16th March, 1869, so that only the brief interval of five months elapsed between -the two transactions. The mortgage, as the deed set forth, was to secure payment of advances, past and future, the money to be payable in 1873, so that Mr. Sutton apparently had not contemplated the tether running out so rapidly. The purchase money for the equity of redemption, as set forth in the deed of 16th March, 1869, was £I3OO, which, added to Paora's debt of £I2OO, made a total of £2500, subject to Brathwaite's lease. On the same date as this deed of conveyance was executed, Mr. Sutton executed a deed of •covenant. The deed of conveyance set forth a consideration of £I3OO then actually paid, though, as a matter of fact, the money was not paid at the time. Paora then signed a deed of conveyance, and in consideration. accepted Mr. Sutton's deed of covenant for £I3OO ; £3OO to be paid on the 16th April, 1869, or one month from date, and the balance of £IOOO to be paid on the 16th March, 1870, with interest in the meantime at 10 per cent. Mr. Sutton also covenanted

to supply the grantees with goods at fair market prices, all goods thus taken and accepted by them or order, to go in part payment of the .£I3OO. Thus the natives "were in effect told—You cannot have your money before 1870, but you may have goods. Mr. Sutton's interests were thus secured with special care, while the native extravagance was not in any way checked. Within six or seven weeks after the execution of the deeds of covenant, Mr. Sutton did a mean transaction. He found a purchaser in Mr. Brathwaite, the lessee, to whom he disposed of his interest in the land for £3OOO. Thus he cleared <£soo by the transaction, beside havin rr £IBOO in his pocket in solid cash. Still, he was to allow 10 per cent, interest on the balance, but could be little doubt that the goods supplied fully covered this ; it was not difficult to understand the signification of the " fair market value." That deed of covenant, if registered, would have acted as a charge on the property, a blot on the title; but Mr. Sutton, though he registered the conveyance promptly enough, kept his deed of covenant in his own pocket, and realised his cash immediately without any inconvenience. In the course of two or three years IMr. Brathwaite sold his estate for £27,000. No doubt he had spent a good deal in improvements in the meantime, but still the price realised showed that there was something in the property. It wits hardly necessary to add that at the end of the year Mr. Sutton had nothing to pay of the .£l3oo—the amount had long been absorbed in the goods supplied at fair market rates. Not only this, but Poaro's credit had stopped j his cupboards were empty; his gig gone ; his fine newhouse was burnt down; his fortunes had collapsed like a house of cards; and he sat lamenting. Rewi, the co-grantee, had made a little out of the bargain, having managed, with some difficulty, to get goods to the amount of £359 out of the purchase money. Thus matters rested for some years, until the next phase of what was really a very interesting specimen of native transactions'. By the way, he had always admired the appearance of Mr. Sutton's name in Maori—it was so suggestive, being scarcely distinguishable from the equivalent for " Satan "in the same language. Some years then passed, when Mr. Sutton became suddenly alive to the fact that he had a nice little piece of property. One day, therefore, Mr. Sutton, in imitation, of greater men, issued a Proclamation, or " Pannitanga," and popped it on the gatepost of a Pa; this document, bearing date 9th May, 1874, set forth that he had discovered that the land on which the settlement stood was his property, and that out the inhabitants must go. This being the first intimation, these people had of any adverse claim to the land, one could imagine the delicious feeling of astonishment it would cause in the settlement. He could fancy the whole settlement turning out»in no time, as though to meet an unexpected enemy. A day or two after, Mr. Sutton went in person, and laid claim to the houses, stacks, <fcc., on the ground. Some rather unpleasant discussion arose, and the natives then became aware for -the first time of the nature and grounds of Sutton's claim. On this occasion he merely made a formal claim to the property—he made no attempt at eviction, as it would have led to a very unpleasant disturbance. The matter had resulted in the present action; the natives feeling that Sutton's claim was altogether tin.

-warranted, and wishing to have it put on a proper footing. If this was done Mr. Sutton would suffer xm> hardships. Seven months before the purchase money became due hehad netted a profit on the transaction m hard cash; andduring the rest of the time he had been supplying the natives with goods out of their own money, not even handing over the .£IOOO he owed for the land. Prom first to last he had the « B i* l his hands, and had made a handsome profit; and they had no occasion to waste any sympathy upon him. This was one of that r»T*».qg of cases in which the Court could rectify mistakes, inasmuch as the original position of the parties need not be in any way modified. The whole object of these deeds "was professedly to secure payment for goods «vnd advances ; and this end had been fully secured, and more than secured in the manner already described. It would for the Court to say whether any hardship would be entailed upon Mr. Sutton by the rectification sought. It was not proposed to alter in any way the "transactions in which Brathwaite was concerned ; but ne asked that the natives in actiial occupation should not be made to suffer, and that Sutton should be merely called upon to give up this claim, which he lad no right ever to make, and thus place the matter cm a proper footing. • The particular mode in which this might be carried out was immaterial. William Ellison, examined by Mr. Izard, being Bworo, deposed: lam a licensed surveyor. I was employed in 1865 by Mr. Brathwaite to survey a piece of land at Omaranui. Mr. Braithwaite guaranteed me payment. The block was pointed out to me by Messrs Brathwaite, Locke, and Tanner. There was a small native settlement near the land, which "was also pointed out. The land on which the settlement was situated adjoined that surveyed for" Mr. Brathwaite. There were some natives present when I surveyed the land, but I cannot remember who they were. I included the native settlement in the survey, . reason that there would be no extra expense in passing the land through the Court. * The natives assented to this being done. I do not understand Maori; but my son, who assisted me in the survey does, and conversed with the natives. Mr. Braithpaid for the survey. My plan was supplied to the Native Lands Court; the plan on the deed produced is a copy on a reduced scale. The part marked Section B is where the native settlement stood, and is shown dividing it from Brathwaite's portion, which line forms the eastern boundary of the lease. By Mr. Wilson : I never at any time had any conversation with Mr. Sutton about the matter. It Was only about twelve months ago that it came to my .knowledge that Mr. Sutton had acquired the block. By the Court: I know Paora; I do not think ie was living on the land at the time of the survey. There was nothing secret about the survey; the natives saw me go over the land and. take the boundaries. ; There were some eight or ten famlUes a t that tune living the land. There were some cultiva- - txons. I noticed one paddock fenced in and cultivated. By Mr. Trayers: I chained and pegged out the boundary 'between the lease and the native settlement. The boundary was pointed out by Mr. Brathwaite. There were some natives present, and- Mr. Brathwaite xaaanly arranged the boundaries' with the natives.

The boundaries are those set forth in the lease. Mr. Brathwaite saw them after they were laid down, and. he afterwards put up a fence, leaving the native settlement out. I attended the Native Lands Court as surveyor when the land passed through. I knew Paora. was a claimant, and I thifik X saw Vm™ once on theland when the survey took place. It was a voluntary act on my own part to survey the reserve. Court: I did not describe the settlement on the plan in the crown grant as a reserve. I did not peg the line along the river, as it was a natural boundary. At the time of the survey an actual ditch-and-bank fence existed between Brathwaite's lease an<L the settlement. I commenced the survey in December, 1865, and completed it in the month of January, 1866. Two interpreters were then sworn—Mr. John White on the part of the plaintiffs, and Mr. Heray Martyn Hamlin for the defendant. Paora Torotoro sworn, examined by Mr. Travers Mr. White, interpreter : I am one of the plaintiff know Rewi Haokore, the other plaintiff, and Mr. P. Sutton, the defendant. Do you know the land called Omaranui I—Yes. And the land called Moteo I—Yes. Do they join, forming one piece I—No ; Omaranui isone, and Moteo is another. Are they close together ? —Yes. Doyouknow the land called Ngatahira? I have not heard that Europeans called it by that rm-mo in. times past; but it has been called Ngatahira from thetime of our ancestors. Is Moteo an ancient name *— Yes. And Omaranui also I—Yes. When the natives' speak of Moteo and Omaranui, would these names include Ngatahira I—No. Do each of these na,-mf>« india separate piece of ground?— Each name implies & distinct piece of land. Had you any interest in Moteo 1 —Before the crown grant was issued Paora Kaiwhata lived there. Had you an interest in it when it was native land ?—I had. Had you an interest in. Omaranui I—l had. Had you, before the crown grant, any interest in Ngatahira?—Yes. Were any other natives interested?—Paora Kaiwhata and his relatives. Who occupied Ngatahira before the crown grant was issued I—The sub-tribe called Ngatihinepari. Is that the home of Paora's people I—lt is. Who were in occupation before the crown grant I—The Ngatihinepari. Are any natives in occupation now I—Yes Paora Kaiwhata and his people. How many people ? —Thirty-six. Has Ngatahira been long occupied by the people as a settlement I—Yes; a long time. Have they cultivated that land for a long time I—From the time of our ancestors. How long has the Pa been there I—Our ancestors had a fortified Pa there ; but latterly it has only been a Jtainga or settlement; it has been continuously occupied. Was any of the land enclosed before the crown grant ?—lt was only fenced round the cultivations, not round the general boundary of the block. Did you and Rewi make a lease t» Brathwaite I—Yes. Did Brathwaite occupy Moteo and Omaranui before the land passed into the Native Lands Court I—Brathwaite occupied Moteo before the Native Lands Court. Do you -know Ellison, the surveyor I ? Yes. Did you see him making a survey of any part of the land I—l did not actually see him survey it } I did not see him on the land. Had you any conversation with Ellison about the boundaries'of the land I—l had. But not on the land itself?—-It was. not. Did you make a mortgage to Sutton ?—I did.

Before you made that mortgage, did you buy goods 1 fromSutton ?—-I spoke to Sutton about the mortgage, smd then I did it. Did you owe Sutton money before making the mortgage I~Yes, for sugar and rum. Who fii-st_about the mortgage—you or Sutton?— Sutton. What did Sutton say, and what took place about the mortgage?—l came to Napier, and Sutton said to me, "mortgage Moteo." I replied, "I don't understand mortgaging." Sutton said to me, « a mortgage is a good thing ; if you mortgage the land for five years, it will be .£SOO, and when we arrive at the fifth yiaur the land will go back to you." Was anything said about the rent ?—I spoke about it; I said, "I am not clear about the object [or purport] of this thing." jSt. Sutton said, "It is quite clear—you sign your inane. What was said about Brathwaite's rent ? I spoke of the years to come, saying, « Give me the J03OO." He said, " You and I will settle that." Was there a deed ready for you to sign ?—No. WTien did you first see the mortgage ?—I do not understand what a mortgage is ; in those days I did not understand. When Ad you first see the deed?— When Sutton came to Tiny JVamga. Was that after the conversation about the mortgage in Napier?— Yes. Was any European with Sutton when he took the deed to your place ? Yes; Maartyn Hamlin. Who had the crown grant of the land when Sutton and Hamlin came to your place 1 The European Brathwaite had it. Did you ever have the crown grant in your possession ?—I never had it. Had you ever seen it when the mortgage was brought to you by Sutton ?—Brathwaite did not invite me to se© it, but after Sutton and Hamlin came I called at the office where the deeds are kept, and saw it. Was that after you had signed the mortgage I—lt was. How long after I—Perhaps about three months. Do you remember signing a deed of sale to Sutton after the mortgage?— Yes. Was it before or after the signing of this second deed that you first saw the drown grant ?—lt was between the signing of the mortgage deed and the sale that I saw it. Did you look at the plan on the grant ?—I did. When you •greed with Sutton to give him the mortgage, what land was to be put into that mortgage ?—Moteo. Did you agree to put into that mortgage any other land besides Moteo?—No; I did not. Did Mr. Sutton of what land was to be put into the mortgage ? He did not mention any land except Moteo. Did he mention Moteo?—He did. Was that the agreement, that you should mortgage Moteo to him ?—Yes. Was the conversation between you and Sutton regarding the mortgage in the presence of the other natives ? ~STes, my children "Will you name some of them I—Yes ; Hare, Pititi, Marara, Raihania—they -were all. Could they hear what took place ?—They beard from me. Some time after Mr. Sutton and I lad been talking these natives came in. Were any natives present while you and Sutton were talking about the mortgage ?—Hare was there when they came in, and some considerable time after the others came in. Had you then signed your name ?—No. Could Hare and the other people hear the talk about the mortgage before you signed?— Yes, they might. Did Sutton or Hamlin tell you anything about the land in the mortgage ?—No. At that time you had agreed to mortgage Moteo?—Yes. Did you know when you Agaed that Ngatahira was included in the mortgage ?

No. Did you see the deed at any time before it was brought into your place to be signed I—No. Did any lawyer or other European act for you in reference to that mortgage I—l had one. Who was it 1 Mr. Sheehan. But before you signed the deed ?—I had no European. There was only myself when they came. "Who showed you the mortgage first?— Mr. TT n ™7,-„ Where did he take it from ?—From his coat. Before you signed the mortgage, did Sutton say anything about the money you owed him ?—Yes. What did he say ?—Before I signed it he mentioned my debts, which the mortgage was partly to pay. I said, " I do not know that my debt is very heavy." Did Sutton say anything about getting more money after the deed was signed ?—He said that portions of the would be paid. I said " How much ?" and Sutton said he would give me £3OO in cash. How much did you owe Sutton when the mortgage was signed I—l told Sutton about £2O. -Did you know how much you did owe ?—About £2O. Why did you give a mortgage for £SOO if you only owed £2t> %—-I consented to the mortgage for two reasons—first, that I should have £500; and second, that at the end of five years I should have it back! Was anything said about a house I—Not at the time of the mortgage. When was the house spoken of?— I went to Cashmore for timber for the house; after that I spoke to Sutton. Did Sutton agree to pay for the house ?—X told Sutton that X had the timber ready, and he said that he would find the money to build it. This was not at the time of the mortgage j it was after the land was sold. Did you, after the mortgage, sign a deed conveying the land to Sutton ?—Yes. At what place did you sign?—At Sutton's house in Napier. Who was present besides Sutton ?—Martyn 1 Any one else ?—Hare. Did you know that that deed included Ngatahira ?—No. Did you speak to Paora Kaiwhata about the mortgage or sale of thfg land ? Before I signed for the mortgage or sale I told them. Did you speak about mortgaging or selling Ngatahira 2 —Yes ; I told Paora and others that I was going to mortgage Ngatahira, but they would not consent. When was that ?-—After I signed the mortgage, plr. Hamlin: He has just said it was before he signed. Mr. Travers said that it did not lie in the mouth of Mr. Hamlin, as an interpreter, to pass comments upon the statements of a witness. The Chief-Justice said thtit Mr. Hamlin was sworn merely to interpret, and had a right to check the interpretation of the evidence by the other interpreter ; but had no light to comment on the evidence.] Was it before or after signing the mortgage that you spoke to Paora Kaiwhata on the subject?— After I signed. Did you speak to him before or after signing the second deed ?—After I had signed the conveyances. How long after I—l signed on Monday, and on Saturday I spoke. Did you ever tell Paora Kaiwhata that you were going to mortgage Ngatahira ?—No. Did they object to the mortgage of Moteo?—Yes. When did you first know that Sutton claimed Ngatahira?—ln the year 1874. How did you hear that Sutton claimed Ngatahira ?—Pitit, and Raihania told me. Before that, did you not know that Sutton had Ngatahira in the deeds ?—I did not know. When you signed the conveyance, did you get any money from Sutton ?—No. Did Sutton give you aily deed or paper to keep for yourself when you signed the conveyance?— No. [Deed of covenant

landed to -witness.] Did you ever have this - deed in your own possession ?—No. pit. Tracers here put in Crown Grant marked A, the mortgage marked B, the conveyance marked C, and the covenent marked D.j Did any European, lawyer or otherwise, act for you and.advise you in regard to the conveyance ) I mentioned to Mr. Locke, 8.M., that Sutton was pressing me to-sell Moteo. Did any person go over -the conveyance with you to see that it was right, before Sutton brought it for ydu to sign ? No. Did you ever see the deed before signing %—No. Did you know before you came to Sutton's shop thatthe deed was to be ready for you to sign ?—I did not know beforehand; I came to Napier of nay own -accord. "Was that the fi*st time that Sutton spoke tb you about the sale 1 That was not the first time jhe had spoken before. Had you, before that- time, agreed to sell 1 No. Then was the sale all settled the day you came into Napier, when the deed was signed?— When I would not consent to sign, Sutton sent for Hamlin. Was the thing all settled on that occasion before you parted 1-—"Yes j it was all done, at once. The reason I consented was that Hamlin s&id' if I did not do so Moteo would be sold by auction. When you agreed to sell Moteo, did you speak ofNgatahira ?—I did not speak of Ngatahira. Did they?— No. Were you aware that .Ngatahira was included in the deed of sale t-—I was not.

Gross-examined by Mr. Wilson, Mr. Hamlin interpreting : Are you the same Paora who was convicted of perjury in this Ciourt? (Mr. Travers: "Tried" Mr. Wilson : « Convicted "Mr. Travers:— Thenwhere is the conviction ? Paora was found guilty by a jfciry, and the conviction was afterwards quashed. We do not deny that.) Do you remember being examined by Judge Richmond and Judge Manning-? Yes. Do you remember, saying : "I understood the deed to include, the whole block "? I did not say so to the Commissioners—that would never come from me. X did not say that—how could I say it when I said at the same time that it was separated. Do you state that the deed of mortgage was not read to you ? Mr. - Hamlin told me he had read the deed over. Was it not translated to you?—l have said already that Hamlin interpreted. Was the deed of conveyance translated to you ?—lt was. [By the Court. Can you read —Yes, I can read writing. Do you understand English?—N"o.] [Mr. Wilson here informed the Court that the witness, though able to read bi« own language, could not do so without the aid of a powerful glass.] Was the deed of conveyance put into your hands I—You do not give us that kind of paper to hold. Did you see it ?—Yes, Did you look at the map ?—Hamlin showed it to me 5 he explained the deed and showed the map. [By lie Court: Were the, boundaries explained ?—Yes, and pointed out on plan. The plan was on pne side of the sheet, and the deed the other.] Did you sign the application to bring the land Tinder the Native Ta-ndg Act 1--—Yes, I mywith others. £A file of the Provincial Gaz&tte for 1860 was here put in; containing a notification, published in .January of that year, that Paora Torotoro, on behalf of hjuhself and others, applied to have Moteo and bmaranui brought under the Native Lands Act.] Where you present when the land was dealt with by the Native Lands Court?—-Yes. Did you

Ngatahira t—l said Ngatahira belonged to tho*& people, as they held it. Did you know it was given: to yourself and Rewi by the Court knew Ngatahira was given to us two by the Court. Did yon. know it at that tune ? at the time the decision, was given : I do not know about Omaranui, but the* decision of the Court was given about Moteo. Were you not a grantee in Omaranui No. 2?— I was one o£ the grantees. Did you sell that land to Neal Close %——lt went altogether. After the sale did notr. you and others claim a piece called Kopuaroa ?—-A portion of Kopuaroa was reserved on the lease, ai»d I objected to its being surveyed. Was it not all included in the sale?— The interpreter deceived Who has it now?—Neal. Was not - an,action brought in the Supreme Court, resulting in the natives being turned off?—No ; the natives were turned off by the pakehas, not by the Court. After they had been la possession for a time, the pakehas threatened toburx*. down their houses. Did you never see or hear of & Supreme Court writ about Kopuaroa ?—No. Is yoar son Hare interested in Ngatahira?—Yea Also i in. Kopuaroa?—Yes. Did you not tell your son to break, down the gate at Kopuaroa!—Yes. Was, Hare summoned for breaking the . gate !—Yes. Paoia Kaiwhata was living on that land, but Grindell turned him off; he then went and lived at Moteo, Not afc Ngatahxra ?—No; adove that. Do you remember thft fight at Omaranui in 1866 ?—Yea. Who were living at Ngatahira then I—Paora Kaiwhata and others. Ajts they living there now ?—No; they were, turned off by Grindell. The same people lived there that are there -now. Paora has shifted about from Moteo to Ngartahira and back.

Re-examined by Mr. Travers: When the land ■was before the Court, did not the people go outoids to elect some one to represent them I—The boundaries wei*e all settled before the land was surveyed. VVa did go outside, and it was decided that JJewi and I should be in the crown grant for Moteo. Anrj who was decided to be in the crown grant for Ngatahirat —"W"e did not appoint any one; we did not know Ngatihira was in the Court. Did you apply for a. grant of Ngatihira ?—"No; Moteo only. When. Hamlin explained the deed, did he explain that tike boundaries included Ngatihira?—He pointed out the line, and ran along it to the end. Did you understand that the boundary included Ngatahira I—No.1 —No. Did you understand that, when you made the deed of eale.f —No.

By the Court: Did Hamlin pretend to show the boundaries on the deed?—He appeared to read what was in the deed. Did he read anything about the Tutaekuri river I—Yes. Did he read anything about the native reserve as a boundary ?—He did when, he showed me the map. What did he say?—" This is the main line ; from there to Tutaekuri belongs to yott and the natives." Did Hamlin then say that the piece for the natives was outside the land mortgaged ?—-Mr. Hamlin said : " This is the line; the part beyond Ngatahira belongs to you and the natives." Do yaa. know that a Maori translation is annexed to the deed? —Yes. And that you have signed both 1-—Yes. Did you read it?—No; I only signed it. You remember going to the Crown Lands Office, and seeing the crown, grant?— Yes; but I do not remember the month.

;Wh»t did you go fori—To see the plan of Moteo. "Were you alone ?—Yes. No interpreter "with you ? JTo. Hen are Tomoana, sworn, examined by Mr. Ttmslj Hamlin interpreting ; X am a voun<*er brother of Karaitiana, and a relative of Paora Torc~toro. I live at Moteo, and know Omaranui and Ifgatahira. Who now live at Ngatahira I—Paora Xaiwhata is the principal man; Hare and several others there related to him. Have they lived there long ?—Yes. Before the lease was made to Brath"wraite I—Long before. Do they cultivate the place ? Ye®. Are they in the habit of moving about and relUWiing^—No. Is there a permanent settlement there t——Yes • in former times, when the tribes were lit >far, the people of a settlement were often taken jmaotkers; it is the decendaats of such as these who travel from place to place, not those who have never been conquered. So far as I have known, people have jdways lived there. Do you remember the application bring Moteo under the Native Lands Act?— Yes. Vaß Omaranui passed through at the same time as Moteo %—I was not at the Court when the boundaries were defined, and did not know them. I knew of the natives coining out of the Court to select the grantees j Hewi and Paora were chosen. Who selected the ?->—All the natives interested. Do you know -whether Ngatahira was included in the application I Uq. When did you first hear that Sutton claimed JNgatahira?—Last year. Was that the first time?— Yes. Prom whom did you hear it? —From Sutton. "Where did you see Sutton about it ?—At Ngatahira. "Was he alone ?—Josiah Hamlin was with him • they went to turn the natives off the land. How many -were there with him?— Five. When you met, who is poke first I——Sutton. What did he say ?—Ha said the natives must be off—that the land belonged to K®- Did you reply ?—I did not speak ;it was Paora ICaiwhata who answered ; he said " We will not leave it; the land has not gone to you." Mr. Sutton said : *' This land is mine." It was then that I spoke, and said: " This land is not yours." Sutton said : " I have bought the land." I asked •« When ?" He said : "When Paora sold the land, I bought it of him." Satton took from his pocket a paper, which was opened by Hamlin, who said that Moteo, 'Omaranui, and Ngatahira were all included in that paper. Ido not know whether the plan was attached or not. The "boundaries of the land were explained by Mr. TTflmlfnPointing to the paper, I asked: " What is this ?" He said, " This is a peg •" and pointed to place on the plan. I pointed to another place, and asked, " What is this ?" He replied, " That is another peg; it's all sight." I said : " It's not right; if Ngatahira had been surveyed there would have been pegs here." I then said to Sutton: " This land has not been taken by the survey." Hamlin said : " Ngatahira is all included in Moteo ; and it has been explained in Maori that Omaranui and Moteo are one." 1 I said : "If it had l>een surveyed, the pegs would be shown. I know it ■was all surveyed by one man; I went round with Iran • and if he had surveyed Ngatahira the pegs ■would have been put down there." Sutton said: The 'native wheat is not to be thrashed ; you are forIriddeh to plough ; and the gates must not be closed." 9Caraihana said : " It is not good for you to have the

wheat ; you must first destroy the natives." Did you get any notice in the paper 1—No; but it was through that notice that we knew it was intended to turn the natives ofE Is Mateo distant from Omaranui I—No : it is one block. "Was one part known as Moteo and another as Omaranui I—Yes. Are not the three, Omaranui, Moteo, and Ngatahira, known as separate places?—No; as one block. But they are three separate parts'?— Yes. Cross-examined by Mr. "Wilson : Have you never lands over which you have been elected a grantee ? —No; where I have been chosen, but where X have a claim of my own. Do you remember Heretannga?—Yes. Did you not sell that I—lt was not my desire to sell that land, as I explained before the Commission. Did you do it I—l signed my name when pressed by the purchasers. "Were you selected by the people I—No. Court adjourned at 6.30 p.m.

Tuesday, Bth June. His Honor took his seat at 10 a.m. Karaitiaxa Takamoana, sworn, examined byMr. Travers, Mr. Hainlin interpreting : I am a native chief, and Member of the House of Representatives. Doyou know Paora Torotoro and Rewi Haokore, the plaintiffs in the present proceedings?—l do. Do you know that they held a crown grant of Omaranui, Moteo, and Ngatahira?—Yes. You know Brathwaite ?—Yes. Did he occupy the land known as Moteo, and Omaranui?—He occupied Moteo. Do you know when that land was surveyed I—l do not know; but I remember it was leased to Brathwaite before the survey. Did you see any survey being made ?—I heard of it being made. When Brathwaite was about to occupy the land, did you point out the boundiies ?—Yes Do you know Ngatahira !—Yes. Has the land long gone by that name ?—Always in former years. In speaking of Moteo would Ngatahira be included ?—No. At the time of the lease to Brathwaite was Ngatahira occupied. by any persons ?—lt had been lived on before and at that time, and was therefore exempted from the lease ?—Do you know of any part being mortaged to Mr. Sutton ?—-I heard so : but had no personal knowledge of it. Do you remember Moteo passing through the Native TnnrTa Court?-—Yes. "Were you present?— Yes. Did you take part in the proceedings of the applicants connected with that lands?—lt was outside the Court that I spoke. I said. " Let Rewi and Paora be the grantees." Paora did not consent. "Were Paora and Rewi chosen as granteesj?—Yes; a great number. "Were the same people interested in Moteo as in Ngatahira ? Yes; they are one tribe. Are the same individuals interested ?—These people constitute a large tribe, divided into hapus (sections.) "What particular liapus were interested in Ngatahira ?—Ngatimahu and Ngatipohua, and several'other hapus, all belonging to the Ngatiliinipari tribe. Do you know Paora Kaiwbata ? —Yes. Are he and his people interested in Ngatahira ?—He is the'chief; he and Paora Torotoro are the principal inen. Are ybu acquainted with the native custom'in dealing with land under crown- grants - ? [Mi*: Wilson objected to the question; "The custom of"

the grtotees had invariably been to make away with Kt flb the question, 7 as goihffbeyd&dthe issues. Qafi^o*'allowed. ]~~JFhe only ciwtctti I kAow of is, » cwwn grant i* issffed,. the * European people at onoe go oit to dead \rifchthe gtantees. Were the people consulted ' with Yefcard to : Brathwaite's '—Yesj. that was the usual. custom in' leasing—all were consulted, and they all consented. Were they conaulted; wgfttding the' md*tga&e ?—rl do not know thafcanyth&igwas said to them. Were they consulted I'egardmg the sale ?—-Nothing' Uraa said to them ; neitHer they norlheatd anytiimg about it. When did you first hear that Ngatahira wte soldT—l heard laat yeair/tHrougha letter from Paofca, that Suttofc was gang tp claim Before JD wfent to Ngatahira JL heard of notiee being given hy Sdttoh'to the people to go off This was after the papgr (produced)' was put up. Did you see Sutton at Ngatfhira 1 ? I saw him there ; he. had one of his children -With him, and Josiah Hamlin. Had you ahy~conversation Avith him? —I said rto button, " Gk> back; this place will never be given up to you; lam no more frightened of your face." Was • Hcnare Totaoatiflt there and MwHffla were both there, .and', several others. /Do you reinember Paora moi<tgagine r the' I lotid I—l did not it at fthe time. ; r When did you first hear of tlto meatgagb ?—I :dd not remember. 'Do you remembdr whim Paora's hew house was built *—Yes ; and it was then' that I heard of thie' nkortgage for the first time,: and saw Srftton taking- things the .house. Wa«Paora pending much money&t thatf time ? agreat dealof money in rumi ;-his house of-spirits. Did you,' often see Paora about that ' tiand S— for we were at' enmity J I had quarrelled with him for making awfey with another cixJwn grant. • Did ybii ever see him. driving in a buggy ? Yes;, -Was he cultivating much land at that time ? -A. good deal. TTitrfself or his people —All land was under cultivation at that time. WasPaora attentive to hisbufeiness at thaf/time.?—X do ndt know. Crosß-exandned by Mr. Comford: You say that Paora and fiewi were chosen as trustees —Yes. How often have :you been selected 'ad a gtantee ?—Many times.. For what blocks ?—All the lands• for which my name appears——both' M!an gatereteres. How many of''those bldcks have you sold ?—Not any. If I had sold I should have said so; the people to whom I owed money'forced me; it was not my own free will. Were you forced into selling Pakowhai ?—No ; it was my own.wisi.to Bell'it. How many acres did you sell?— Pour hundred. At what rate ?—-£lO per acre. Were yott : thie only grantee f—l alone. Had you been aele&ted.l—Yes. What became of the money?—We had thatiftoney. Whb do you by " we"?—[Mr. TnvMflud he did not .'Wish to interrupt the cross-exa-mination but would ask if'these questions were relevant* TTja Honor said that he failed to see the releviricyof this liri6 of examinationj but he would 4Bow the question.]—lwiH not tell the names; there beenafay dispute. Did you not get nearly all? ■—ldd notknow what answer to make. Did you get any one'* canMUt f—My sale Simla cliar. Whose consent diet y*m Mt and ICaaaAna'a. Db _you rewwwwryft —tie. of Omaranui, Ka 2 t~No. Do you remember anything being done with it %—Ka Do you

jremettxber a block named Kopuaroa I—Yes. Who owns Kopuaroa now?— The Europeans, perhaps;ldo not know. Do Neal and Close claim it"?—l do kft()w; all I know is that Paora Kaiwliata was jyiw»p<y off. Did not PaoraKaiwhata and his people ofamy thp land after Neal and Close claimed it?—l fcannot say. Was not that claim made because Pnoa Kaiwhata said it was an old settlement,,and the people should not be turned off?-—[Mr. Traverssuggested-ttalk it should first be ascertained whether the witness WW present, and' knew anything about the? circumstances.! Rewi Haokore, sworn, examined by Mr - IjhunL Mr. TTn,mlin interpreting: lam one of the plaintiffs in this action. Do you remember the mortgage to Suttonf —Yes. Were you asked to sign it 2__Yes» Wfeeie were you asked to sign I—A.t Tareha'a P«, WaiohikL Who asked you ?—Hamlin and Sutton. Wh*t-4id they come for ?—They came, and Hamlin pulled; paper and said, " You sign you*'name, to this paper-** Did you previously know they were oopiing S-r-JTo. Had Sutton previously made any application to.yoa about this ?—No. When they came, was any. with you?— Yes j Paraoneand Did. thoy.giyp any reason why they wanted you to sign ?—I what it was for, and Hamlin told .me it was a- paper take care of the .land. Did they tell you it was-.ft mortgage?— They did not mention a mortgage. Did you know that it was a mortgage ?—I knew aftecwweqbk Did you know at the time?— When they came up! did not know, and I signed the paper. Was there, any discussion with Paraone and Whatu when you signed? —There was no talk jwe all three signed. Did' jo* see' Paora's signature when; you signed ?-—Yap, and wrote my name below. Was the paper read I—-Hawaii#, read it, but it was not finished when we nigtwd. Did he only read a pai*t ?- ; -Yes, only, to about the; and then folded up the paper. Did you sign before the paper was folded up?—l signed first, and then asked what the contents of the paper were. TTiuwlm then read a part, and folded it up. Did they tell you what land you were dealing with ?—Yes. Who spoke to you—Sutton or Hamlin?—Hamlin; he said the land was Moteo, and Sutton was to take care of it. What name did Haanlin give to the deed 1—" He pujoarpuka tiaki " (a paper to take care of or secure), relating to Moteo. Does Moteo include Ngatahira?-—-Ngator-hirais.a portion of Moteo; nothing was said.about Ngatahira ; that is a piece of land which was set apart; for the natives to live upon. Did Hamlin read the paper to you in Maori or English?—He spoke in Maori. Did he read the boundaries J—He did nofc Did you receive any money %■ —No. Was anything said about any money ?—Yes; Sutton was to give me £3OO. Did you ever get that £3OO ?—-I have never received it from that time to the present.- Did you get goods of him?— Yes ; as I could get no money, X took goods. Had you any European to advise you?— No; I had no lawyer in respect of mortgagor You remember the deed of conveyance of -Moteo t-«-Yes. Who . spoke to you first about that conveyance f —-Hamlin. Where?—-At Waiohiki; the same place; they came another time. Did you know they wero coining ?—Yes ; I knew they were to bring the pflp~tr I for me to sign. Who told you they were coming < That was a mistake of mine ; I did not know tiugr I were coming j they came of their own accord. DidL

they; bringrthe d^?—Yes. Were you asked to sigxi ? - T ; Wio r lwM3. aJxngg dispute,, and at last I consented., r -jWer& «nyr other Maoris present besides yoxrrSfltfJ..' lUp^FfJ,.y©u-jt<Bll.-us some of .-their,names,?: —r*l?e TuibL, also some women -andcluldren. AnyrOth^;?-r r Hare -was there. there any disv <mpQ& .with those present I—No ;they had. nothing tft> sirj ; talk ' -wfas Between myself .Hamlin. Wjae the; deed rread-tr-jtt. was not read over to me by Hamlin}.; iti wae ( night ;when I . was, asked • to ; sign. ;]fchatv it ~wa&' to sell, the land, hence , sie dia-cjisoLpn^-rj < ntvtijw'ant to. fell the land*... Did, ; you cifhey urged me so strpngly,' c -Did .yp\| land it referred to I—Yes. : What it was Moteo. winch was .to be 89^iidPI$k t '2Cop- ; g§tjany ,money T—jSp y neither. .then. T^taf^F*»s*ird& Y y,Jjpnly revived goods. Attigcgfe any other ; cfecjd irr-t • FHfISW t|l^:felosgiiV s -inej jX)eed of -is ypyx signature t—Yes. , Did you eame time ?--r-Yeß. . *l)id; you- sign a to . the way in which; Sutton was to pay yOHctiUe. gioney 'J—;No,Did, HaxnUn explain, to ypg what* jthattfocument wa» ft—He did not i yrheia. I cpnsign, here;" and the other, saying "sign_there.'' Did yosl[k»ow that - the deed included Ngatajiira ?-r-it ; did reserved for the natives. Was it s<sH explained to ; you ?—lt was. Are Ngatahira and 1 Wilson :. Ybu must; not ask your witness to contradict himself. He has already said ttey .W0 not distinct. His Honor: I think that is a leO&OgoquefitioxC r Yqu may try to ascertain whether i»»d§rstQod.. your question when he gave the former answer. Ask him : What WOTe the,bound&4risa -of ] y, Question put iPp you meanf the l>ou3ldary between; Ngatahira; and. jEkfote&l Mr. Travers: Is there any boundary ?—Ye« ; isthe boundary separating Ngata-

.Ctagßg-Qx&oijLaed by-Mr, Wilson :. Do "you. underste&& Tgr^ftUahl:—Nr> Wliftn did you- findb put about the mortgage %—After; Sutton and Etamlin had reac toMtgage. Do you: still say that Hamlin did n&t<Llntei"fl*etst, tfe deed Ir~He left off when he was ha&thfiTugh:; oti the second occasion he did not read this j he. only explained it. Does Sutton stiii-owe jyou: motiey No ; I have applied to him/ me.it all gone,, so I have ceased to ask hini. remember the; Commission Yes. Did aS)*hiMi' v aftiQUt KTgatahira I—No ; i_was not acres. What share of rent didijyotb receive received rent for theb last year OAty j£&§ i PaeeFrt gofe-the, other money and Bpeqt ,-it. Did teU the dojjomisßioners that you only- got £^fe>iriL>Eaorat?-—:That is eorreet; that wasbefore.; I) - ed: by Mr. Travers: You say ?ctid 7 not about Ngatahira %r—--------liOtk' -jDid yon then r.kooyr; that Sutton I —:Sftttcili :did" not then claim it \ he had never said anything to me. Then you did not Enow

ot Suttop's jsiaim lentil after the Gompoiasiop ?—r;He,ha» * never tsJ,d me, anything: about it. pidypu.<get,gpodsy from Sutton- after signing the deeds ?—Yes .Jibuti ; no_t. get ajaoney. How much, in value ?—Hes ; has ; not * gicvenjme the.bilL. Did he ever giveyou any apcount? —-If -he had, Ishquld have known. But he told you! that .you ; had no money to come I—He. told me thai there was nothing more for me. TDeedpf covenant shown to -witness.] ; r Did .you ever nave this deed. |n your possession?—-No; Did Sutton. and, Hamlin take away, with,them:all the papers that you signed I—-Yes.. • Bythe Court: Before. Brabhwaite's lease, and before the .occupied thiis land—--Omara-aui, [Moteo, and Ngataliira Jr-r-JThe. and the. Is- not that .land a, is a from Moteq.- Is settlement . outside, thgr crown. .grant]—Yes>. .Paora „BLaiwhaWa JRainga. Do you Hknow the ..land, leased waite d—Year . Is there not land Paora and called Moteo,; as well; as. that within Brathwaite'sj©ase ?—Tlie boundary lineruns through, tbevaiiey, dividing Paora Kaiwhate's land from ferathBeforethe lease, whesi you spoke of Moteo, hpw wss its . boundary defined river is one - boundary: j the hills upon the . other, side; tbis : sideace also cajlpd JVlotaa. -"'B&orethe JSirogeans came, what was meant by z Omaranm id a - separate bliock; it belongs to Neat. and dloee ;it ia • where ,tha fight tpok place j : it was known . before the Europeaprs_Jcame. Is .there, any, natural . boundary between- Moijep flat and Omaranui. Onlyrjan, imaginary line ; no xivel* or other. iiatural . boundary. . Does [Omaranui belong to Kaiwr . hatelr-rTo Paora Kaiwhata and ?aora Tocrotoro, Can . you • give. any reason why in the .crown ; grant the. - whote Jblock was caUed Omaranui 1 WW- notr a __ Rainga of that name near , Kopuara. was a • Rainga there of that name. ■ Is : not the , name, of like Omaranui and, Xukekoreroa . . flat-part of Mbteo valley I^—That is part ot; Mpteo_._ j TTa Tfp N"qaWtiakaJLAJINQAj sworn, examined by Mr. Izard, ttamfm - interpretingi 1 am. a y>n of Paora Xorptoxo. : Were you living with at_the time his.-h.ouse was - being built I—-Yes. A .And before and after ?—Yee». Was spenduig much money then ?—-No. Was lie getting much goods i-—I . did not see. Do you know whether he got much from Sutton I—l did jnot see. Did you see much spirits and other things in Paora's house?—-I did not .see. Had Paora a buggpr?—Yes. irf Did he drive about much with it %-—lt 'was given him for that purpose. Did he much £—l do not know of . his getting drunk when-he got tha bujgy. At any other tuttr ?- I have seen him on his buggy drunk. Do you know a place called Kohupatiki 1 is my Po ; you remember - Sutton .and "fTatnlm dosviU. • gage deed Yes. \Vho was, therej—Sevaral j Mahara, - a^d ; were. much Sutton was; Did Paora speak in^utton'spre^ncel: —Yes. what he was dcjng}?—Yes. ; Did he say Jie waa jnjg to " Moteo. [Deed of mortg&ge handed to witness.] Did

y » >ritoe»»- T -Ih a t fa ay ®£ "j*?™ maii ♦££? J»e« «i« boundaries explained) No *»»* «»t ttey -mS & plained to v££l *S. T l r,J us?p ® s ? : tyey were: did you Way ypg wag it fr—Mpteo. Did youhear anything a* the time the deed vM I 1 5P 1,Aupi es were mentioned; ; &&2gt&££zSSi2z2r S* 1 ?? <* MoteoV-SfS^; B ®* particular name t—♦wJ?P ne wa&Mdfceo iI am not acquainted -with pfo 1 ?* Waß. it Kgatahira t—No * th*f wm !B natives Ifnng 1)0 y°» **ow Xorraai6a?2 2rt ?? j UJ P tlte a J***.? 0 ® beak down a you summoned I—JSTo. Wm '». w»«+ ssy do not know of th«e W. J*£» «£fr paper over issued to bring ytiu to doroWSte. fSfsraw: ?^SSiLtSiiSL ?! S! mber to SuttonV house the mortgage .FW;3«i "wear you weren?t ***!? cweyance t—l do not ****** You gave up yon notl BAmlJ* SSiSSLS?^ 11 a there now?— •Bennett, aEuropean. Any natives I—No f§ Sf„ ; children. IVom the IMW **" £ ve vl »n the land — By wipm waa it surveyed *— r tb© boundaries to W^ 1 - e others showed Mr. the p.rt y° u "a*® any eonverS! in the *suiv r P l * o6 old named -«P to the house;and «*Kt, *OO-at© not: surveying the land, you are but-

wS and,Ellisoix then vent back to the tP?" P®**. of s* e grotmd VM'Blliaoii .this?— Where riaflvesifre dH lSr«f A &*■ Be t BUrve y the bcjunfcy l^tw^en *~~ Y fi 151(1 ft* s ***"** ***»— No. IsMateo Ngatahiral—Yes. When youspeak of Mkteo* is :Ngatahira included?—No; there is a hill What is the name -M3m. Does this hill extettd along the whole botmdary,or only part of the wayl--ifc is a long hill,, yoking right to the river. Save yon ever seen were yoiiever consulted about the mortgage IKd you anything of the sale I—No. A?t&e tbne *** **}*' ydu liye therei—Yes. wm Ngatahira appropriated to you and yourpeople? iw«!L s°£ many people were there at Ngatahiraat *? 1 ™ or S a « e *-™*- How nteay at the tune or tiie sale f—-The same. Do you know of any °*J*e gate?--Yes 5 I tew it. What was done with it t—lt -was taken off very carefully—--2? Pf°P le ™ked to tear it up ; but Isaid"No: let us take care of. it, and show it to the Bnwmiii" lUocament in question put in, and marked E, aoeotogwued bya translation by Mr. White.] Was seem* notace your first intimation of Sutto&fc claSaTto Ngatahira ?—Yes. - ; . Crosa-exammed by Gornford: Do you remember reoeiTing a -letter nom Mr. Sutton in November, 1873? «i*w e !?? er iv **gthat letter. Then doyou still ays (E) was your first intimation of M3r. Bc&vera objected to the question, a» ; an attempt to arrive, by indirect meaxts, at fhe oontents or a written document. After some argument the cross-examination proceeded. •• propsrexanunation continued: What has become of that letter I—-It is lost. What was in that letter 1 What was in that letter? . justified in putting these questions without having given; notice. After some diacussionof thejpoint, he withdrew his objection, though still that the course taken was an titnipnil one. Cross-examination continued: What was in that letter %—I have forgotten its contents. Diditrelate to] Ngatahira I—My impression is ttiat iff did. Did you show it to any one?— Yes; to Hoera. To any one else besides ? Can you recall what the letter «f»H about Ngatahira?—-No; but when I came to town ana flaw Sutton he told me-verbally that Ngatahira his. How; long was this after you received the letter ?—Perhaps two months. So long ? did you not come to town on account of receiving that letter?— No; I came of my own accord. Do-you not renaember seeing Sutton about that letter, shortly after receiving it?—l do not know how long after. D<> you remember, shearing at Poraito for Burnett in 187&? Yes? Did you not at that time £ee< Sutton at his own store in Napier and tell him that you had come to talk that letter over ?——lt was he "who 'said so wheii I came to town. Mr. Sutton driving miy cattle on Ngatahira I feiaid, "I do not

kftQff that land is yours." [His Hpnor : "Was before the notice was put on the postl—-Yes.] did you.- say then 1—" I will not consent to ypptp being on that land"; Sutton said, "The I said, "No; it is not." [His Honor: —rrDid , Sutton say how the land became his£—Not tall ; afterwards : I was quite grieved, at that t-niv after the notice on the postl—-Yes;, it was when Sutton came to Ngatahira : it was then that we all, heard; how he ; claimed it.] Did you not this same <|ay go .with Sutton to the Land Registry Office ? that Sutton showed me the crpwa g&*n£ . show you anything else—about ?—BCa showed me something about 3?Q9?a Torptoro and himself; I said, " I do not know it.'' : Beiextonintid-by Mr. Travers: You told Mr. GornfoiJd; yau received a letter from ;Waltjitr loig ,beifbre the notice was put up)—X could Joiofe before. Did Sutton show you any mortgage? deed when you went into the Deeds Office 1 a hook. Did you read what was in the at : it. And told, Sutton you knew ttothingofJthia mortgage of land belongingtoyou 1 "3T«%'i;'Ait.oTif Mini .there is a hill?— Yes. A high hiU4-~~Yei' /What way does it run towards PakaJcotiß»ia hiU takes a bend towards Kopuaroa to Pakakoreroa; at To Aopawa there is a swamp, thence tte&ilJL: extends to the Tutaekuri. [The witness illustrated the boundary by pointing out the different. loeaEtiefe oak animaginarylino from his shoulder along Ma jaxßki thfe elbow "representing the bend described.] SojthatNgatardhi is separated- from Moteobya hill extending: from Kopuaroa to Pakakoreroa T—Yes. Wa&ithe boundary lme of BrathwaiteV lease at the the footjthe swamp was in the portion , bdlongiag to the natives. The hill was in piece t—Yes. Was it before or aftear Baaett'i jrihearing that- you got the letter ?-~Before th» Howfori» Burnett's plaae from Napier l—Fourteen n>ilea. Did you come to j < Napier directly after getting the letter, or afterw*J^£—Afterwards. How long afterwards ?—About fan* .Iroeiks. After that Sutton came to Ngatahira and expilaiiMdi&ow Wclaimed. it I—Yes. How long was it after yoil savr Sutton that he came to Ngatahiral -*«-Afler Xreoefred the letter, the notice was put on thergatty and after that Sutton came up, and informed the native# of the ground of his claim. . . X' Mr. Travers said that before closing his case he would aak the other side to put in the lease to Brathwmite. Should they not do so, he would propose to put in the office copy, Brathwaite being out of the oooatay;

Mr; Wilson objected to this course being taken. Hir. Travers said that the Deeds Registry Act provided t&At if the original copy of a deed -was not obtainable, office copy should be evidence; Mr. Sutton was now the proper custodian of the original, whicft ought to be in ma hands. Hia Honor saw no use in contesting this point. The termsof the lease had already been proved fifty Mr.Travers said that lie should ask for a copy

of Mr. Sutton's application, to bring the property under , the Land Transfer Act. His Honor said" that if Mr. Sutton had made such &JL application, the lease had . probably been deposited. with the other papers . in .the T ,pnr? TVa.-npfipt* Edwaed Moose (one of the jury), sworn, examined by Mr. Travers : I am manager of; the Napier branch of the Union Bank of Australia. I have a packet of deeds in my possession, but do not know whether the lease • in. question is "mnng them. I will cause search to be made for .it. Mr. Travers then put in the application by Mr. Sutton under the Land Transfer Act, dated 15th January, 1874; wherein the property was described as being 163 acres in extent ; value, XI2OO and no more, ; at present occupied by Hohaia and other natives, names unknown, as tenants at will, the said land being included in conveyance to the applicant. He put in the application under the same Act by Mr* Brath"waite, to the rest of the block, and bearing date August, 1873. Mr. Travers said he should now ask for: Mr. Sutton's books of account to be put in; he had.served the other side with notice fot their production. -• Mr. Wilson Objected to the shortness of the notice, which had only been given that morning, when the Court opened. His client lived eight miles fi-onx towiu Mr. Travers said that if the books were not produced he should have to tender evidence of their contents, He would call Mr. Sheehan, who in hut capacity of counsel for Faora Torotoro had gone through the whole' of the books for the information of the Land Alienation Commission. Atvanalysis of theaccounts, the result of this examination, lutd been printed in. the Parliamentary Papers. He had a righ to ask for these accounts in any case, as the transactions between the parties would necessarily come in evidenoe. Mr. "Wilson said he must claim reasonable *imp, It would have been impossible to ihave produced the books on so short a notice. He did not understand why they were called for,'.there being na allegations about the account,in this declaration. His Honor Baid the only course appeared ,to be to allow Mr. Button. an of 'sufficient time to enable him to produce his books. Mr. Sutton said he lived seven miles out of town. He had not been any great length of tiinp in his present residence, and in the present state of his arrangements it would take him at least a whole day to find the books and papers called for. Mr. Travers : H Mr. Sutton will accept the correctness of the printed analysis, we will waive our application for the books. Mr. Wilson: Accept Mr. Sheehan's presentment I Mr. Travers: No; the. analysis is drcpwn up by Mr. Witty, appointed for that purpose by the Comsioners, as an entirely independent accountant. Mr. Wilson: Our objection to the published analysis is that it deals with so many niatters besides the one in . Mr. Travers: If the other side object to it we must analyse the books, that is all. We only want i the books produced in order to close our case. ' His Honor: I see no othsr course but to adjourn

j^sß^mm^ssei'. -SlwViT;^Tr e feffilffi.* BwJwJSt?r^S^WSr l9 toWst: t6 f t^: s *° dF-'tEe , !^»^l a # ** aMfttf hid'b«« wa23l M*l*^ e } <^ J j^^w^^aten»s<a r^ o thCT chfawa* 4Bd>Bfi •jr?ff?* < *w < *«» to* a» w»»a hsfore he I ,J — TffV iffi P^^oWBCMRRfei: of the I^jglgD^W^^y^rin J *£&»jWa3^ 8 q e Kt&,.vA»A teiESfiM ' gvM^e -jg l ' HKtWfSfc j?f; fegHWpjSlifrisma

W.mvaria, /the lktidvajftheur own : cr&wii #f pioiß" vrtt&uttv&Sdt i^Efe^WsM S^3&iM 6 P a£r*v aj*«6 intended iw»«fi£ SfettoSfc M m«Siiy ? safe ratted IftartMihis was not "a bad trakwabtibn; oiß-sm ' e fifi3 BtiM?ek66p*i», ftrtjmfr'ofi iifnt ini 13» client, - to-fclknfe in af&a" '^^^TZfeoTL^-ap ,'^f' 1 F -«ta«aferif(>s *s^uS:o§s££i j Srltolo- j^iWi Pfffo-Sad ' welaacafei#oatadß fftiled to ller sußtaititid,":jls^«ib^fcm *&&st&&»#3sss^ Sf^s^^saraas iISSESSS™ Iie^ fc fecssa^-SSiKaeßsa qg&§ -i>tiiM tide be said of the oii r; &lSnftt(jr»?of|pc rffaiyoTfrt"Wihsno; q&itew3t^ 3» tfae.i*attQoJz: Thev verjli«tr forifche:pl*intid» ttat /botih cMr: 5 ss3io edi ax tea oi Jslr. Travers asked that Mir, h amlin shonMtjtßTiß ai SJ? arittg ***** «WMfiMrtfc9& G&aJStf- §gfcon. mj^a*&added 'rlS^^^m^S^SSidseven

fff./S"; t plaistifis .u t this action, and had .transactions g*gf ® tb October, 1808; aid he botteTit iro;:gLaff -6m> r- "wus in© at Sr^SCf^''■&£. M" October* 186'8, lorotoro and mortgage "tlie mortgage : vrak ■&'^'^ xm ' of £soi) dtte aid-owing, i The cirotrmstanceg lS mJjJtß'Wete.-thepe. J ik- the early £art of •QCTOP^'B^e'm^g'befbre; thim dottniienfr -wks riignedi • *?2r about ifce WZ y** tfiwi 'and askecl bim "vhieii He JSS- ® e **#4 ino not until- he had JlitoaSi? I thinfc in; the % Wi m *&<* had bint that.. IJraitbwaite y had S^Z@?6e3B: •ffla• due..• I asked •M™ -^hat anrf from his degcjcifition from £3OO to £350. <ffir "ajfonce lrimthe "money, as JPil[ '*? or 'any lantl, ftnit he d *Sr * bjr currfentreport **•fewaa*. ®!?sr ifcfck jilace -at «* or twd^WJtJi J 1 It n?r§fifeiJ&Nrn I" _^^i^>ver£ ( and : I : .tooik the .. j^^e^ ri ih

tad j and. the deed was then produced" and Interpreted Hamlin. word of r the trani^tio»,' f whieK he ye'e lef^^bwnv' _I ; believe Hare ±Kb i^anslsLtiotr-Was 'reital T * ; he- was iHawng- tKR I doxs?t 'rtiimk 'orie°«teewas pr6&ent; j ' Myimppessloti isthatthe dd<>r of the neisffc room" «>pen, Sad that & number there; ;I Befdre r the deed was signed; yre had v l'abr& a- rough plan of the' proposed tiling hMv it -vedSd dofirt about £3so^! In it 1 "' wist- 'Cofisiderftbiy ' ; ov6r- -that sum. Immeaffifer- talking • about the"house I'- .gave Mm ' a 'that Xwtfutd' xL6$ be responsible for the costs. ; Before-'lft MgttedpHainlixkasked him if ho t6 thd-deed. He said nc^^e^ r 6^§tbod r it , , , i*&ieh appeared to be the dase, r Hesigtied the <Jefed ; "witnessed by BSkhlM/^d r TSi£. son fere. We tifen left Kohu£h.d to W abotot four 'miles distant, to* s§e the other We vr&e on horseback. We there,and several "old - natives w. "We told him we had cpme to 3 askhim to a- tnortgage which ■ ipaora had already fiigited rtgaSKng Ottiaranui. At iJiat time ; R©Wi o^ed : nbttiiiig/ apxi Explain : the : deed[ f ' , -116 vtes interrupted by Rewj, is'all right." HaTnfeiij howdvisrr, md ofe to : the eiid. Bfe "irodj'the ti^iuld.ti<kt' attached the deed, and feewr ' thg* t Re-wi did not say &&ythxos; • -lle-sMdhe had Tfery* little ° affvaoitas£e from the artfingement with Bmthwis#te^t&at r;: h£ reeeivdd of^fche rentdT^njs"4ie l preSKbtteiKr^yeOT i 6 l i - other things.; as he •* 4 - -I tola jh£ai r I "ebj e&dofij, recommended 'ffifr .tb : Paosra on ; the' fß&bjectj ' so'■ that; no aiiae between haj already •£e£ar-' he nor fißelit reserve '<« piece i£o "Be fiio(t|fi c After thi» <£tt»a c fe ; frbitt ftie. fat onoeetarted tfrfe Bfltfeg the arrangement personally - t^ r <X)ntrictor. I believe - the hlinaeli -as • satisfied with flrflshSd.f -; Some moiiths aftenrtodsr a ;dee(<i je of d cc&v^^^ic4 ; bf: the - waß ; by^' [Deed ■ produced and ' TPabru 'fead' lnddbtedito uae very .'lSf&elV" beygpd u - the aad- in h?a- reaehed^avtrtflej over J TSl,^^. l ! £r sfepaftfte l accSttni/ thd ata&riit of «h feut- r I believe "tKft; fw addition to |^€BbtitJra%scßW^ <^^^e OEM 0 EM^ J iSa^^md °sifitdl :! feheP utdrtgage r dr tendaya r> 6%OTO ttfe ts'F'€@e

it*w>uldnofc,medjH*> : fcj* defefcand commenced Mwfcwflg,flomer ® l :o*iw>nf. pfyi--SE?S&JS^ fiveypr six weolc* &Mll» after I" 1 ™?"* 1 jfc^,oo|ive^Mice I i * ' jot any rate i torn* j*rt® r in» exeratjed it £hssame! wtarartftt; Iwfe njtinyt»ly , lypapwto tei^W ?fr* )p],••j^epeaj^.. on. Sat TfaffiKtiread the;yfrojodqad xt TO wmv&m -#r Jb 4eed. took nj*& - Paora fwkod no questions had the matter oto -ao ; oft»o» Ifottuug vmt : said «*;the time abo?* Ithe eamptioifeor tesn9j#m w Ittil ooxmeywoe ineladedthe whole.. **f thelapd i* tiie: -without; aa^ <y roaeryaft||in... After the wtwiilwt:rf ;tiiff dfed] HiutiHb I Twofc. ,to- see JBwwic'-cWe Mim4 at W*aosii]ri some tune betareen podfoaQd Mmi jjjwre, Kb one wit J®»«fc t of .the old men-were fiwioe, 'Kwro, and-on# -w two othera. I think names oanwtly. We ©plained Jfe«fc *% Omajramii—-I am llßttrt <a» | qeodtha term >qd that "ire hftdbome toaefthimjrtwt $t W«J»lked Jbar lea nwatei or a «ach .XlMUVuij oflpgntf* , X. a»id. X 'wp^d! agfc jgniarmnteo -him E^. e » ag ha to KrooHpented to that arrangement* and signed the deed. It* was read aloud

SWfftofl* of tlw X «?4 w&Sm,. ting Ibelieve, t«^d r JbEe;d©fe4 *WP«jApar^y ®BjT «I:w^Kprojporiion.. r £■2? ®o*TeCtj -: not -waii _on nae, jms -*!»» 'fcwjfcVl i!P^rl?Sgg^P^®Sl myahop. I toS to at>6ut J aJiiS|t wwh Jcwnah HaThli» and raw. HaKaW Syi .JEhe WML; had nop jbeen surveyed. V I prodpood crown grant and aairerted my ijgbt jto ;&eland. fthia my claito. They isiid &y'm ty

persons in Napier not to move off, and that' they would They talked of the original owner Hamaholia, I believe—and Hdhaia claimed as his decendant This was the reason they pretended to give for the land not being in the grant. X hetti?d P!attt« Torotoro's evidence, that I said a mortgage was godd, that he would have <£soo, and fi ve years the land •would come Dtock. It ift Untrue—l said nothing of the kind • nor that could be so construed. When Paora T&rotoio spoke of the land, he would generally call it Mote°» and «o 'would any native. It is not correct that thenrst conversation about Padra's house took pfo* B «fter 4fce land was sold; it was a few days before Hare was not present when Ptoorasigned the deed of conveyance-—only a small PCjr. -It 1* not true that the deed was signed on the fi*st daythat the mortage was spoken of; the noeooatiGns extended oyer eight or ten days. I was Pfeaent at the sitting of the Native Lands Alienation and heard Paora Torotoro swear that he the conveyance included the whole block. [B&'TravQE* :Ho question is: What was the block spoketn of 'before the Commission 1 ?] When rfad the cteed of mortgage toPaora,he certainly did net say 'tiiatr the reserve wa» the boundary, and that theland'beyondwas reaerved for the natives. I knew that Kopoaroa was native land, but I certainly did not teUtttem tiiat the port marked as section B. was &' raniTO for them. I was not aware of such a division existing, and •Rr«.tnlir» certainly did not say anything about 1 I was with Hamlin all the and he did not in my hearing say that the mortgage wfcsto take care of the land. It is not true that he oiiy read half through' the deed j it was fully read explained. It was'not night when Bewi was-asked to sign. ■ :!n» deed was read and explained. I haveseveral timeßoffered Rewi to make up his aooount; but lie would never take one. He hsslookedorer my ledger, and checked the entries. Inerversaidthat if he did notsign, I would sell the laauT by * auctionsuch a conversation never took phoe. : The hill Te Mini extended two or three aSmg the-line from Kopuaroa to the Tutaekuri. There is no fiatural boundary except for thene two or three; rffcrniH- ■rn fact,itis quite the reverse, as a swamp extends on both sides of the line. •- Cross-examined by Mr. Trovers: You say you had mo knowledge of Ngatahlra at the time of the mortgage—did you not believe it was all in Brathwaite's piece*—No; I did not inquire before' the nwrtgage waa. executed what portion it included. Then when" Pabra spoke of the block by three names, what didyou understand by that ?—I knew he meant the aame thing-—I knew I was to get the tohemta "Bfcathwaite. When did you finst visit the yourself Very shortly after the natives disputed my claim. 1 believe my first intimation that the crown giant r included a separate piece was when I saw the deedsiri tie Registry Offioe. How was it that you never took steps to assert your clainitill you wrote to passed under the mortgage. I jhave twenty or thirty sections lying about the country juiider somewhat similar conditions, add some of.them I have hßver seen. Did you not have an offer for the land abouttwelve months before your

application under the Land Transfer Act!—l had an oflfePOf-£lS"pest acre for the land about a month ago. Kcoii whom T l —Mr. Bennett, the owner of Omaranui No. 2. Had you never had an offer for the land before?—-No ; but Bennett had been tAllrfng about it for months pdst "For twelve months past f About three months, not twelve. Was it not about the time you wrote to Hohaia I—lt was three or toxtr months after I. -wrote to Hohaia. X had an idea previously that the land was a swamp. It waß not so valuable then as it has recently become. Have you had many dealings with land 1 Yes? It was a few weeks after execution of the mortgage that you discovered that you had more land was included in the lease ?—Yes. You had asked Paora if Brathwaite or any one else had any security over the land ? W lien you discovered that certain additional land was included in your mortgage, you dit not mention it to the natives ?—I saw no necessity for doing so. I never associated for secunty of Brathwaite's lease ; I did not know whether it inoluded more or less than Brathwaite's • n.nd it would have been a very unusual thing to do to have mentioned it when I found it but. You had the mortgftge deed prepared the next day after your interview with Paora ? ■I do not believe it was the next day ; it was probably the same day as the interview that I gave £ee instructions to prepare the mortgage deed, iou put into that deed the sum of £SOO as owing to you—why did you do that when that amount was not owing ?-—Because I was responsible for that amount. The solicitor did not put the £SOO in the mortgage; it was entered afterwards. How soon, after the mortgage was prepared did you get it signed? —Probably the following day. "When did you become responsible for the £SOO ?—At the interview when the mortgage was signed: at that time I gave Paora an understanding to erect a building at an expense of £350. You took a mortgage for £SOO, and rave a piece of paper undertaking to spend £3sol—r Yes. And you charged interest in the mortgage ? I did not in account. You took a mortgage for £SOO, in consideration of a debt of £l5O, and £350 to be advanced for-a house?— Yes. And the mortgage was also security for farther advances %■—Yes. You gave an undertaking to put up a house—had that document any stamps?—l do not remember—it is not likely. Was it in English?—l believe so ; but am not quite sure that I gave him a written undertaking. Then between the time of your interview with Paora and the time you obtained his signature, you never saw him?— No. You say you understand Maori; will you translate a passage from this Maori Testament?—l do not t.Vii'nTr j could translate a passage from a Maori book; I do not profess to be a Maori scholar. It is probable that I made the explanation to Paora which I. have detailed in my evidence; it would not require one to be highly educated in Maori to do so. Paora, you say, asked if you had brought the document.- You had not previously mentioned the document; how, then, did he know of it?—He asked for information, I suppose. You say it was produced, explained, and interpreted; can you give an explanation how this was done ?—Did Hamlin not simply readthe paper down?—l have never seen Hamlin content -with merely reading a paper down-

7.—i soA JxifitX siT# lobrrrr nolJjJoHqqji I insxiaeiiito M&clmfe> jfrfenftfogg; jM ft*& JHwv: jimsibtd &&lRp a»£ir»g i*a4&SL flfgt tniftaißNlt IpitpvuttfrtQpk xito*tgtfra2jex<w££ '*&s■&: tkßnaifr-et)***© d«bfc. «W3«*;4W ymi VUtor ix&lpvfiahgMtit juay tfmrfattotdlSbiZ, 2£tr?tm jfcgaMxfibcfrdijk*' amayi 'inhrnfrgU* "^^sSTSSW-ibadf tirafe fmil^,.Jx34®jdj vmti&&&-4E&j6iw Ijaal^kfc^¥!lc(Bul--rir«B l c TW*7tf ■ n,-frefigejjb.s IKeiS Ifiiw'H J] w&b firwfci B»Ti^WS-^<bmjl^tJr<MaJyfe«refMfJiean?': neater Aafkb:£j3(li&r -4ggptt> xarfaea>Mtfi-d&%£ $»• awae /frithd yoYcttr ihwH mvrtgMP* xitacbftuftiiferftat jy*!?**! .tag aafrthiogtfttfio-*Eri*h -*JEs JWinwi>|hw e Qritfit£i bnfr il-r£ bold Life iM>toiftd&esd'S>n fife lbjt<>j£r*b«t ladidpl fiao «^jfifl6m©^ r >oltfl^®^i^&, : jQeTtefc < SiL fcc.aaTMuf* iJnc 3T»U tidm-to cf -vgttf €E6jftiianxrb of b«ltey».,*»Mtlufcg *»*&' &&#**&: Sii. o jollo£6y-lbitt£bbm tte #: paartilyjit lJfria " r Rr^nnja^ r A»jtfc<fc some cwrife. .3Fgta4«S"*!»Att Estate Suit Yhi* ttoer bo* tkoc ftoUTib ft>—toeptraffc took the i«amefc;tfei -Jmsue pr;it#ol aftfei* Kprfiad iHbtcfc rayanfr.: Junto - Jecfcions tihei99» 4r&? 'fflpffrhtannaariiffiiij jl beHcve, prior tO ~thfO Httlvrß ifccfah irpiiing jit feu. r , vfeMdLi6&tii§ ixofr a IlcotUdleefe ifijvst £&£aal&<jit&icb bfeaMfcyttfc hirtdNiHark^ oJtoiymtoV&gdtotmyfs*»r rippLoi-iSan' j JMaie imnme. ofcyogtiott sig rtaie Jf j«£i ilteii T becnr tMe r id^^d^oetJihe deed was signed f—Yes. You told tiie Commission

; s:r:r: §?/:!:• j'ic*rcr r:x BigQ;, at; 3ffl&ißai& jiuwa» Y Sewi: *Wf£d *w» ©J>j ;; -ha fc»k#di£ tafe&<jr<»o sfil<t>jfeVw r »ul& M by> &od [byi myself tba* Bujcl* "w&kdrSvf c&is ; Thenit ¥aof*iodj&;r a&s fasfrr :C ® T ®^ «Sdtencfdd»r thetjoaaalationTwtfc j h&:r&dk«| tfad- jrefcdovwo tttaabiofc th&i <fceo*iptw*, f>lwt otfe -tfeftre doofrr oifeg*) iio#j ta&catitig r fr^r r »bfoifgtwftrlm*r o^t^ o Bat Bewv ito M»r intewartJ JWW'SspfeHnfed.'to Jiiifesir&Qgd obteafced*. dsedjof sfegbrtmids;di 4. .yptt keep the [dead,of WStchftas j*ftf©r^ 'tfigh -itx# .thap. Thn i nnnrrifljufomri itm* tj&ga "outr, in ;gscm)(&Q t bofosre ii; became jNqftbst£4*iz jog|& BcrtM/troii *&&? Ilbftd ioSfr«L t»- ibqjj*-j&EJgfc-fOc . .coctfmtidl piirohaaet £-&&qsr imdaA v^tl^a.fiye«>* jßyfci?re«kl -ft that *F*thin thafc Mmfe "jffm db3dJ&rta3ftdyaare:Agr £SOO t c hM;o£]£aCKH faxiarid tjon jiijb tegSofc:; wfthin the 'laat fcvejfte Uaoiithifc : : o I rJdftxKiotf jzeßwnbec:: hjajever ooiaing *bou%jfch&r laf*d?<b«it I Jhadatf cuyeDtiiXßao/; jbienkrwith- hini; <Xn tbe'TObjesrfc' abotxb Mffr :ifc zxq|,affori;l&t:txan^A3BAJ^RiUL tbatoyon tap* nytf Mruf who fiwfc iter 'rdffiieff Hibwfifl it.coifiw tfeard a mm( pkßo, •" ilsAt cnaiifoa &ers lrraag:ac»*2jiL:r;/ BHtiuwlwtoairae vms± Jbo iftiy \»6ughti / ii&B : delayed paying thfeL ptf monfely betamigiAtt jugytoy stood figTfeement .tff 1 Brfethtfeite bad znisitistnieiHl hisi sohmtbrC the block#; irhiili I refixtiipdlto BeUr-cted ihe added : Did SeliKOzre at thetiime-caP ttie; r dwedr T atri«*afc ctt«fc; is - : l!oxoteoo6' - i tnuch xiid oinrfeydntt&tihe tixfceofihe coatWiltel - r —»I:t - j&ftexnftuk bo r zuofomOntp €tom B "r-Prfi¥ - f K«sr Zedlattd ao»r r iCfeldfifoki a I f t oaltiie dtmMDgpx; <d£<:ik i Au i& limine S»s inH^othjiigi [dpirite, adsftftcefci^raferacVeis^o considerable items in cash for articles supplied by the

a, laijge item of j£l64 to Money \ Pig yo» gat a diacomnt on these syiaa? 11 gM <no di*e«ait:.or profit of any kind, X simply adfWMed fee ossh in fulL On the 15th March the aMMftttJmfcad £1,286, leavingbetween .£iv2fioaiid JBlftOOi amount of £1,20$ was then written ofL to be cleared off tinder the deed of VtiUaklt. .• 0£ sum .£9OO was paid in cash. ItttoTOtttoeti Qi9nth» Paora's aocount reaohed ,£2,800.; Who»eoeiv*d the Tentfrom Bratbwaite l—l applied w™> worividit as mortgagee cnit of. possession. DM: v ye«* no* wybefois the OommiasioxL that you told -yoji JJ Wii vto ft-jhmg o£ tiie sort ydtiuwould. -wlsfcrt 1 sicttTity, aiod' thfct you asked bun -what blocks: iw t < iiPivora tgldxne without my aakiiu? i: l&'m&&Uftned<9tber blocks besides Moteo-~P«tine and CtMi Vfcii wwk - Why did you select Moteo WBecMse i4<*riml&eUMt trouble in the occupation oFa good tea Were you on go<rftermswxth BiiiXb*&itef £ '< k C[- /was, but -» little breach occurred &NQ. You chose Moteo then, because it •*&aS& g&tf iycm *rerylittle trouble, besides affiading ustfftafrlirty Mum Hy andfeatoreeaf mJJMbUL'Ui».C o'iij . uW|HK bfelt afforded sample 'Security* In feftrencei I bought one share frotn Psora, «har«s iroi* tumie friend* and relations of 41% &&~dt jood hotuxs3ielksd got %n4-£otuid afterwards that 3fc \sas -within an tottt'^afte^l^^adsbldthemtoMr.l£aney. Igottjie - { -6t £$Q, bade and Btratedwith Paora about it ; but lie said there cotild tfrnosflijeetirttt" Ihere \wust plantyof tnooiey about. MiSiWW Suiov, JKranuriad by aboot three years ago alibensed 4hUii'jpyite». lain now iuterpjrerUrto the CNmeAl Odfrftittßaenti. IhavebeeniibouttwnJ^^^ Xhaireiiad ccnPsMeraHet-expeaietioe I kaov Mr. Sattob, «ni rexMmlwrhiß coming to m« in; idMyW^ s WMtla;tiffii ; l* in iay and is nfngoßbg kvoompafciy wiib&ittan TOiuftftrtff TFars 2»ji#ilriafti<iWjfs &md otU«r jaagTsv veee about. I had hid-yWioift oonTcrtotaoiis In Button's store on Theconversation in the nrct place related to Paora's request to Button to advance him money to build a house with. r built; -will you pay the timyt about it.' next' ume Paora <»uixe inT he thought 1 Bm^hblTilrttHTin fM r 1 Tiii iliifn rtf fliii -flflsi OiHitfttW CaSmdif^ <*<

cdiwetß»tiotr fir»t took place about the proposed house, and. it ifß that Bnttofc wasto.paj carpentew. ;l£iv Sutton was to advance Pftora XOOQ, Paoraat thiitime ewed SuttOn-money, aod thte n*©rt~ gage "riraasapposed to oarer thisdebt (fnSm £l5O to tktvi'tull .to. go to building the house. Pmm expressed himself willing to sign the mortgage feed—r< IbeKevehe would have signedthe deed before it waa explained if would bave -lethim. I read over the coxrtentsafthe deed, and explained it to him. Jfe made no how die/land would be disposed of, if the money was paid. ■ I told; him. that if lk6. oould not pay, the land would be put np toauctton and bold. ; Thereupon Baora signed the deed, arid Hare and I witnessed it. wasr aVplan on the deed, it was placed before Faora, and I aranfedit to him, drawing jhia attention to-the boundaries. T road the boundaries .to him, xio remwkwasmade upon tbeou "We theaceto to 'seeltewt a&e* sqtoo conversation with Jum, we;«xpl&i*edXshy vre had ; come. The deed was explained to: him, he sajiLit was good, *&L signed it. If* made no objection about the power of sale. "31m plan !waa shown V>fcim. I do not recollect . any conversation attopfc; jtiho - boundaries. The interview perhaps occupied ibpvr. W« r le£fc about 4;3opp.mr. r 'beitM, a £qod light? Nothingiarther took whtn Itranriattfladaßdof ooafreyfcnoe of the; «ujib Jand. witness'and identified-] ?Efee translation attached ia in my handwriting, andis correct.; I went to fiuttaata shop; Earoa was tiaere, Ham 'iL conversation took place ; between • Sotton Paor* aboutfcelliag block. wwAted'to 4MIV aahang, l ihink, in. the Srsttastanc*, - £4,000. Sutton Bsdd hewould not buy theJaad s*talL [Deed o£ covenant. hailded to wi&apsand idt«ntined.]_ Phora's debt at thls tiwrsjpflftnted to <£1,200. The negotiation etxdbd in a sale- bo&g; arranged. Suttonwia to-pagr£ I*3oo, j» additiofa to the axomnt of debtr to be.ipid^^saa > monsh,the remainder ist a the deed . ; c£>ocryaaiaat ejßsdctaqn .df thedeed, lu; Hastier o^er ; ■: Egad, AseslaiNd»r:*Bd) explained tkedeetL The platt vfcasou-ifcft t)*.tu£e» andwarsh®-*** tocßnei Idid jtod |f+ h«j did-wtraigks-Sattaa wteldsell-the lwd^by ; vat ,*he titna bm*dni£ Jt thm, *^ HeakdlOf it . about th©4im4 rof && Q#: to aafcpocnpjodijy , •J&do not I I«snlfinod, uten X lcnev W|* after ' )Ktorfstf4nitoreriaiaff«a*fad myaflfwg»t WiMre lw«vivw ■ oflato fbrvaaidaEUnrr A firat[ o>>«led ito ioU faiasXMdxnd : I •*' trftwfiwdj I ,

'«ffioraMksitd>| fe*ift&n«jt.ur ]^Jw^«yb4tl«Ur * ;,^rjii^r", " ifcfe "tTi irf itfci m "Hjfe ■ag&tsa&uUair. tito*sa> *«iUd£ Alidad,iu^. 2® itolM* Jilbta, R- > "il. r _il3C Bimri ttoiidialilft-ianngiwmiuif m€- iMrik V*y|ptilro3|(tf'' I Einteta^ w&n, ]jfe& t&iMI WwpMbiiijy dkvyogni r ng6t'r I mudrt juan: ft*3biU:*7Xv pjkvt e£X /.^oi i- r |H Ibii Tncnra ydttt&ftfo r |£fek tsxtfsbr .tfe»r%sti«xf^o^&cki; mia^ r imtaindaarg Jadl ■•itta : life 4)lified.it©: doui.vtord«oixi> gror^lßajaßi Ijftiiirto f taaSfr iW y reqkimtamtii <#the i farilfiHapoe J» J^^Aejflua^naeniatttar *n» ct O^tixoh IWiWiiy T tf lakcraSSTiotttaUifa^Jii/ g*d*a%vhive ii—lTmiiiJ nrfwipi t$ Oullffift Hffiiiiy rdobflfi rft. jrlt/mMdLju.H#fcigfr Mt O^UjßPyfe^a «x£ wjw&mt iMmnt lln' iWil l7n i a«^ssgfesKgisg

danwot say wtazfcmy waSr- WbQ yw'ißirtgufltioM forc&e t&£marlgM»l: I 4id Tfnthtnj "hut tiiinhlU the. {tike wnat : the objedt-jof makfiMt -tij® rm Kfcwrrowmt thm adrsnedk .prorided fori Writ Ctrt¥OpqgKsbsp>l data anticipation of further .jJajaa-othfr; was nhnnhitniy fnftn j jnt itt)oi4iiigl ydptp-own': liArSnttsilV io«farac4ums.' IKd . iix Paora tin* £SOO *n Audi toe be dnelib this r4tiier.xsha<|idi, -wßfc Bo <&at afraid igra^litpn&r ooi ffiid hfidito dGftl:\iSih; bbbi-JedMrt - *bj^liy r rtfpon.: aUuumjui£ißent of indebtadxiutt ' T 7 ftnppinMilifi fat fafrfcairMr. £h*ttom Do you: i W-toai became jo£ dtt jtftar %»-I<fo sot )c6cnf«T]jw^g ranoahn ihs <Ak ta3i^inii»¥>l/-ki4 Button's I—l -was possibly concerned in the Mbdf'Saokabiw I YjSn I !Kmnd»i PrtfrentimL Actfr-JEei. *;• ivlfc Mftcf SJfqjWLdm t j w 'DJi yon erarinAks *uij 6ca&»ittusMfeife JBbso>n your 9jl-JMrt aletterf*—l c^zm6t (^yr~X^^.no £ J|9iow^Qf^ :i :•.' -'■- ii":' : v jl . ■•cJ: :.-ZOS&. &}'# ifoi aifc i tfca*- cf i&ar&eOneo n*fart«v.Xe chdmßbaiftJie prorinoei and J?W&ra j» MMIXJPo$w£i lalwufcLtoke i * H *s r -3i*£®*£ftlce jof.-MiyftrNE P&J$K> feat ftaa Mr..Stittacu I bad So iaffltoftt attfcm b#ft*icL thatofaalntexpwtetwJ u iq.C h'ul vodtmir [ -j/i- By the Opart :I ton sore that, E»qr»cl'l^illßs4 v , frnd -Uhmt AaihaavmedbaA xtst thaocrifrywyaai Mtaaiiactfbtoiiiri,^^ M>Wng sWS»bfe tWarorogrartrrthMi of tJUff faat, .i»r do Tthinlr I .j x -<x^ ro y/csfet aWtoS xxi ; z j-'Xii'lc' odr til xroid£<.iov

: LI;:;' oT^nZ777Z : .>L wMis&hsi o» uofri:;% oi ! | ui\t v;>: • -:ov : Ah■;■JTfrfafc,jr rc-,*l

Omnttmri. I lived there altogether eleven. jrefirs,; have seen the block during that time. [A tracijagv oft tiafhdn d M Aa;,witnttsfik] Iseeaßtaall : piece xttarfcgd HSeat4cm< rB/'r .Irknow th© site of that land, but.. : do •nbt liettlenrtlitw'aa &littl<e : lower down, the ri,vQr-r—qbout; a *iopaarti»Jdr\hiilf a;*oile south of feqgo*, no tultivations further up the; thdaOJbaraatd*! il firgt saw a B<3ttleUient on. Section Bfcabmft l&jpeaMOaga, when I last: viaitedcthe place. JH® aMvraiiWQre then building gome new wbiires. -co ;€SrD#iPexdniiAed iby Mr. Travors£ I>o y&u.rrecogcnito thub vtotf -OU the lease a$ representing the, block ? j*s3SfaJ of the settlement Sosfcratajy shbi*ai/ttoo& r sa(y.. You orhalf^itiileibel^Sec^n : sl&jfiiptbinter, oajanot fiwear; . it vWii luiiif sifcnß>k 10S>0;"you Undertake -to swear, after lrfEDrin|f oai-thati wa&;thst &e» tojtter-sQHtk ; (♦iter considerable Study ef dAfei:;Frt>m jay reoeileo&o» I ebpuldywy: l>hat KteaMnofc Aofcttiuobfe "was: ,s*nt«hej?f do.vsc. j -*k*ar thafr«tJß(B Ifekrtr; name j tdi &bm ofhesiMd*fart •pofatJfo cXrdStttiWh tpld bite thsrQ was op <j)#»ve i cfti&teli&jfeeifcairig a£ Jte*?£bg fora Ait*b tad a&wag fall jaso £eo^;aft®-j-wmthi icMng their,Jmte « uttxuMm fytotei* JibQut:.twelve years rago, : you «ay, aot *4 jUip | Gtoartami aattlwent .was. not> i?toare, % had, ~ftA fTe Mini 1-rNo the n whMfqfeptocgqu; - Hfev; Travera (tomtaesg)? yofta&m itac teliMjti fafofinifcv Ther -Me .J ?-ao I fllfr I rariralnßrifoa&v Cornford ::Tpm? ree^^ctiqp. riTtaniU fertbtrWfc otHlliTwaß: m•:wc&v© jetttoiusat , ...... ..- yon. oannot tell u withiS: tr— mot, 1-aca» :«otnnite# jabg>eftd of -the nver.: "WlAt yoq mm* tbft x»OL Wockf in thMe 4*gvi thfe l*ttd bbout Omaraai{L :^to JJtpwpeana or nattvqa :Eb»|nniks m, tl» Um+yilakt were ttoe j 11M<TI<1T1H< natiicfi ifor.«yw hupdred ]#p4» I ihhaW tWiit- «dLthe land; abput Mi .1$& mamtlfi do not fte aipie ftir tfee dipMpt : piid 9&a*:stcMotm:teT the disti^.l-r-l^ear 1 lx*d mUeB rjujgra. s» D^n OmflnaHnio (Pfct Ao time,o^V<M Omuo&tii' tfid'^Jtfotso 1 a x disMziot y^i, iJfliiHtt wMk ItHH WDW WLIIIMI .fltmMnßlrawil : mm¥»iwJ uazcXhME«lv«i trrT«& yoxi aiiy aocux^be;

iiativp ideas," where Omaranui ended aaaMptqo . • .. " . ':l'-'~~ ■n '7 thcp addressed $0 jury. ; The fiwte, wwl ]^ie. which iew v VjEhe pluo* " iT^'■ failedtto■ -makijGui W caao. *&ipipQs^b^Bf,to, place apy credeap? m Twotorox ar ;hf>d wld Jauds of his teibp *° P»7 del^^curred, rhig own waste raiic| QPkPJBe pcoafliccn .aoldrthe aaane landtwice over in oner dajyj, anr being: expostulated .with r had Bhown «p sgntrit}og;> He watted 00.; tor cgmbat W aft any ®jp»r in which the witneeses had tbeir ; evidence would pat Juvqg escaped thgfrj ©b?«r»tioafc;r; Tha-t Mr* Stttt^ .jradjesjucn, WW W 3 * ao: doubt, ;andr hs9 M.but n that wf&zi&r.&*.ps*irjauestionr jfar M J&97 had appropriate remedy. ■ fSsfhsjfc fbej. M ;: teto«qSfe, Mfo jfiaUy py-firavids ,wjfeQths& well - tpote l*» 4, g^ngfl#£°3 flggowns - flf? & r ..ho.T hg4 -it ia v the, 1888 35w» r »Tol\ie. Jh© Jinte?- '; ME £oqjsethe?« wap >ut the ffcinti£& && P#ygr The M^vraaith^f^ W>MR, ipwpe^ .^enaatv; : had jrthp rent; fchgßwerfc ww o£no ope to them ;: j*.w» cW#mW# TO jpdoftejfe rwmfi everbeing «*fcix>ecL If rote £cr bepitfhihit«ii;.r W jfl^e c w™wg i*BEV*Bß.deed®; of ao4 It -w— qmtyjmiTOfftjorjai: by wh»X'nmfi B a y^ rt -Sirttaa • oi4y: waited his tdob&j. Juepanqperty' yrM faw BMde noiMaroh noc «tiq«w7,cbut nw i^ermr^flp^^ai^ J*wWiiwk r M rijHjWovarud thftt hw ifldndwl (^^"4:^K>to tJw "l«(ae t«T wof fnM^jpa/mmnoa, «rraximd to dhixw«»'Blwjlle.-*o<« nfedom to pwite Ji hAdrta c«pe jifca ttfe gwrt]§tfg<v idbOtUd ;th9 jin r l He btttstUd that ,* toliie jMtftar.<raex»:& i9#«r >y ,10» g&TO .Xtfftfer QoUrt Zte ImmL we it «K]ld by ift(^

«£ liie of'MVtu&caUt ***** ««^^&ar!SSS5 p»«wut otie. Ih 4h* r oo ixwulit ofU S -Whlfe «m--------*tf *&* IMIUhI lwd &6'in(iAttQb ortwwtuli, v J|nlttfcti& oaliif riijhtd feiiAttrtli& a yj <o^: >&&r *oJ&foer. ;Ltnt! iiTliL &*&£& 9mlttgkkvm ,i4W«*a r '"frl™iniiiiimiilliiiiiWA., nkuMii fafcbtti ■- - Xhe' "Cfclef ' JuMfcfe r( Wlillwwfi«#:'-xtrii ° -n-: t i»^Sfe£ i iff ftf <|hu I~~*; -nr-iii—iffiii m" oHi iin it toil I&^ l*sßKawa7 l *sßKawa7

tind were noi to be J«£ liie of'MVtu&caUt ***** ««^^&ar!SSS5 p»«wut otie. Ih 4h* r oo ixwulit ofU SffitS -Whlfe «m--------*tf *&* IMIUhI lwd &6'in(iAttQb ortwwtuli, v J|nlttfcti& oaliif riijhtd feiiAttrtli& a yj <o^: >&&r *oJ&foer. ;Ltnt! iiTliL &*&£& 9mlttgkkvm ,i4W«*a r '"frl™iniiiiimiilliiiiiWA., nkuMii fafcbtti ■- - Xhe' "Cfclef ' JuMfcfe r( Wlillwwfi«#:'-xtrii ° -n-: t i»^Sfe£ i iff ftf <|hu I~~*; -nr-iii—iffiii m" oHi iin it toil 1&^ I*sßKawa7 1 *sßKawa7

the feet waa beftw the y fcugnwri, would• hare Had y j /Oiatt*lty % fflramhuTig, in the boob'of the 5¥S peculate copies of tfeeee plana, both inaaistafceable evidence of *» dUUbatmff but w**jh Oaaaramu and Hgatahira. In tke <a*m* jg»«nt tiiey irere w "FUn*i m a » !?S!2^*•ootiaoi A. "was given as 3410 SS'S!*-** 1 "* iraUma too put wwwpii "4Settfea&&" In the grant bem* marked Mirv Sutton, had thS, if. he «*N* t*~tkMe daedsat aIT m ha midoebtedly tfcwrtt toiii (km a dew and l^iw.-jOitfiicty-'ftflyi bging; indicated jwmfey Unas, thair relative «wf *o the plan on the mortaana, bten expacted t» have beeoodopfed or the crown grant, we famdihr ltowS? *f..ftr pctMca giron, a» 387oaaw, haveheen HjiWiw. -m _Mfigt g aoKutgpge ow "u vhmHu* to'&e at ovoe iiiniininif. t»g«t it dmd. Herot to '-Iztooßafatekt rllh jw*'jf% «**fr Sgi^a.-Srcgag^'S P'P'?** A 3i lt * l f la ißim**m MM9)Mbjfr<te tfeetaattieiv s*<a& iirti—xHrm an *mmm#+s*r*KH&L baarlibfcL W mm ** ha*e «*ted vhoatetly audL noM* mmM c»»thafeld» oendttet feem -oiA'''einoi «m»»i^ ie should tak» ao* «hom hj& W dedto* jj*"** €**■*»*&: _ cUm* *m& Hfea S§K2Sgfc.'rs^S

Yeti farthers lib, fiajfam that not OBjty to ™ l^«s^ e #nld>bt «trm b•sure thaJbhOflave Ml ' yMCTtiVing tfr Even.if hedid ao, theinadrfaoto of the inrroayfl *num±tin *a iti did, fat "tether j llflnp y TbuL dmdi h* —bitii bore gponjta face evukuioe of the i*n*opar nature of the whole Hairilin, not allowing nataypaar to ifcayegxpiattiifcl to Rewi that by hi® aumatan he wa* oonimtttfag hiwaalf to of AttOO ntii IMaUtf enitriUhk virtn* notextandthat fair; and. ba<actaikllyallg wed the man to mfpx ka nM9 to sn obligititit witb whfoh he had aa oonuni whatever. Item Haokore tppears to We yteduthe jyrt cT » rayhmnble ii*tfrttKen& and on having already to pat Zi- £*?*,*? ayteameati of the actual efieot of 'wbwbhe ooolob fcroknown nothing This transaction Mt. TTaanttn tsaridrnd W be deetirvinfc of no iqdaipd m, Bowi thafche the a ? ,g *y n «ttd «f the wy aat~ attoww - The irKolo: string Of tnwaatiana -.frmfing ; to the finel- iauua, ootzld be. daaifer U—uad. ~. - tto ifttteo debt .tiunx- the QjoHwaß {wtitmc mtovSm- «■!- *|> •!» Writecb. ift ]klilhie% attd £baltoihei ;aa3e. It bam shewn thai thnplMbtiff fata* had lived <M>g A<> ttme <r«iU -m» •Ifeind him in St"? »■ opulii irTflii -/•*»#• flniiaary fiiilingltortf far the markak-witb hia aaannlfo audi bfcre afcfe *ma wfcprabyha tnigh* h*SMt.haaift ralitVedfirom fceodlmnadf in of the hni ooutse *o poxsuoj vent weattoo» br; wfw iwihHfri a jsnt *iti<& ttadoe tax lb* ignoraa&e aoaduantovidanae aT -Bafivak 3&e Cfenri ftad afe. Sattofcb 9Vpb> fhrttit iwaa not until jtriro, or,thxte -math o*a*'afaar*4}Hfcifc iwihiripdmara Tand'thary tap*? tab* fzafan. this waa peafeotfr tfcfe tptwl l ? 4k both pairtua* bidfxtfjpttoWtytbis filriftDlai ;iMcmar& .jjfrbatlafr' pcrihfc,tben, thelffistllie wnr an&i& ia be T—tifia#/ -weal awrtnal. ;.-:?SIiL' a * iljti 'T'. diaeraamfarffing yaafc thMtJbis fiaftavmi ThtHafmintgi Iqbk .vyy aUiaiay into tibe ■•fiicfeflf ttmiiiitw ihflDtlt Mffß-4aUa| <a»n aiiflla ~lartri nant tmrlTwlrid in iiiaitapmul Bftm gßi

*w««w otMkm

onvAhe i frt-tinnt Sis? 9 ' tflUiafß hfrfnr tl# did&jljk imU&at ! :tbe n/^T-wSSa ttp& th» property only TmjnfirTititriiFhrrn i i nrtiiT»h'Vili «g]ifewWiHfcift, WeteS,,** ±»nufc qpHe frmH noii}i*TOjptfd-Ml-. bat; fcaAigfajtaii prfoofi jtiMatoMnfc to-Ote Qftnttol, Jtablir. «MMl9t aelimflradxj«ib>u^ittfl».v.;lpi i«rt rtn mr in hi ■ iifcmglfcmf »6tianr|tt fifffrgittftftyifj ito&toApl&fet fiMjqHbtib»nJ thatlktf |!jf lMMibteif Mr. JktMm Iv AIDttL aSSS^d^S^mim4imm imt&i&p ihi&i psifuUg «fedlM* tfttU|i£i liftjntftMtii &*2 tVlfinMr alaU Jt viriftfl ti»*;iittfc<if itiMjl MtomMk* iMfe>ilWEMlfl(i|id MtdkWßuMr TrtiMMiiill! iliilihfcT—l 111 IliNr MMllii iln> Iww iftmi Joidgißa% ifcxfHMofMMK to# tel» to *ewfedj»|fci..rjfc . that jw* «lfci haft grito ofo tUt Motet lakte. TU «tawiiqffiirtflniidfcr n!!K.T?ii|ii> t ■■^^^r?niW^rr > w'SSuiwii^W iwfrtei Hhiy; m#&m rmiiniiiV' iTii FftiWni'* ITtiiffi Mfc AMMltxiP nM» -jMftdtotihiveck* tb« iMtttf fap. ;MftJlMtai jlftlfc

'November, 1873* when hfe m&debii claim in a letter of a very character. r It was MfrjfUHfci "of land you live <>n belongs te|V- olt>>Sii?laoTOmeor Jkametfe's laiid, by Braihjwiife'toayfijbynflhe . titter, and- wale sold; to l&e ygttfJfot«a> d-Am [on' theUuad, I will flMiioßtx; f lll*Sny. j«£ you j <th£tok there, ifca mistake; I wittaßfc<mc.jf»T**hed«®a itf -which the r lai*dis : inolujded." ■WduifL off tsos: latter clause* if no by the natives ? The *Jtoutthi& time jßennett had b***i«fc*vfi*wikm Ifith 4bfcut purchaawg:liie Jtt»W anThiM*fik) Sfc&tottr in naotdonjaud he opened the Mar. Ltit&wmt alsowerthy or*e&aa*k>that 'MpteO-—yet- Moteor in no yp|»giwiwili<g iKgafto** oßcfcaia-after shia came in and spoke to Sutton on the-sjit£eist:.> gpd looked at Ml; tlwg^^^¥ 3 g»y :>•*£& perfectly Seasoiiablei ' undpr yy i a,way r ;and, we heard iariuiapplication under toe 'HLand Tranuner Act," dated 15th January, a>J*w4 9^^l^7 r wd ptiur natives 0. probability advertised, but no active steps appeareato luive been taken ™*ij CMBt.to Mr. Sutton's Proclamation, addressed to >* The IMI »Ncw -,BCr r> jßutton Jiad sworii in ? ;Xi*nvß, j yet w» found it used ifi Kb own proclamation, stack up by himself on the gate of Strongs, that - own proclamation tor tW'people.of a plpce of which •&»':%<*; to iTifiPjiMfrff*pasfflj; wheo. -the other side woold have tfcemuue was a pure invention. • The natives, seeing the position of matters, appeared to result bong that * caveat was issued. TKatcarvert omorrKOoos lywfo frp4jaßcn &onk his leanxed on the in Mr. JflHwn wwpmy the r anstractjqns :het had jbratlfr afforded so excuse whatever for Mr, SuttopV ftubse* Nativer!;*^^ This was not altogether the case. been* boaA Ads transaction, .jio attemot woulra^have remarks toT*"|JeSt3«mwi' r in ctf'ffissAfcfeoffiriii mfftirfl lii'i'rifn ii'itirt tiwiiatffiteni^whfe*^ tittoiknbtfiefipßW respect satlsfectory, thodgfce*#

thit -tfTtA'y - CMB-sEioald - atand our itsowii footing; evident to.the jury not $0 tfcnnlft r tiba( thd- end of h W# it aiij|H' be 'Wwi' lbrtheif hoiM thtai? woitk| bo pl<4*a«rt. DSnA asl rattogdfoftkas hiving fcfe«M3akße< NapierV English gen* tteriaenii r feer4• r for htmeßty of pttrpdseandflrtrict brfjtoxtislity ; iniKeir dealings, a&dio NafcierjtEry difleited'dii udti cited' Englislimen • and 1 Atat fit thief aain ariy other fattttfe <au&Vhi&i might come before fiftt r desir*fcferih«fc «iiso su&vftp*eal shotdd go forth to the world xoad# to without beiiifc the r mibjeet v£ «tmat&ifc/o«r tabe' other- sidev fie did ltofcpMha^to:raifATypfo frinri triH arising r from tie* bane them. Therewas pedpabtyan although it was n&t eontridttnti that' hohad aluo sbdw* to thfei* satnkfactian tlitt *tlw hrifttiiifct 'frag! followed. nff by a; fraudulent Mtv Strtton was by that ' what-in- lew wa&knowxi as property of coiMider&ble value* •-. It waimdt atoo* Value 6fthe property tins nsjtißtif 'fllrtaibid'dlklr litd'to' b« takeil intocohfddera* ticn; ]be Y«Beniber»d titet liie lsaxd'had : been still occupiedby personnofthe native "wSie, whose • f nriiids" ieere % now awakexiedto jesfousy"off. tlwrir 'SriNMUi noighbonrsr through bebbnriig awam thastdsalingaoorf r this kindhadbeen case with:ceixfidenee in tiiiir - lismfi,' If they looked r afr it i fsiriy and agpirfc attire set u oondttsioxi and, hebelieved, in favour of tfcfe iftilltiffci' "?*% r - *r/.'; :;:-v".O «ii.f - BisiißroaK' (ttSd iEb mainqxiestion inrtheeon* flfojpgtihe.mmUisgf,- ■flisisluud it toinctixde!NgataMr*.-- no mistake r in' tfcd tran■■ction; amnuieti tniefaron thd pari? of the pbrintxffii aloaeC 3Sie oGier far tawlretfcer'there •wmpam'vt m««pera r ta bad beetfraade without. Ito Mrimr td the second 1 iMiwiinil, oonvqyaajog;: the:ianr imptttifit frMctasvearded themortyge hsarii^beenahfifrdoacd W <lmj •^....—iyfc«J ' pl 'tTfr wife - of thiskind,ft being entirely pratftufe) teMm —J Hit IHtle [eKysrfence idISL 'tm Ae JHolling if cthie nieb isly He' r -wafc: Mr; dbnsidesaUd dtfMty;ih<ff HnrsAr.r ifr/wilßlßis doty to dfanet <m*vjmtgivUdr iuaitii soiUe# ll» ihiwiiT; gsUhg dfcciUoija.oJlH^lEaJjlwfare!theaDa M ÜBes. tsoid-tfskrdeed fit joab yidsulj sjiuyflhri iwflif apilkfrmialrinnß!; ,WllliiMl if lnil hi itftt ; fiurtiitmwpldr-'bc liii r luMlilhiftiilothfcfc;«fc <*y<hh>«B

*gW --oitlAi • ma*L *f tr iST^ «« 8 anu^s 2m!!S ite^ M|PyidHjMMifc£jM| WMb<£efc9a •"liririiTt jirnnnwKnit tehpg ffiifc-r.^.nir^xasz^^g^^;g;sE 1 TBBi fir^y M * < * fce Plying sft name OmSuaqT «wSt%B^ti«iMi a afltook " 88|5^^

that «b*y magt i^^aCS? > ocmld dividetba Iwm i. an ih^rfclUT TOite j «a«*lii ip%«se J * e W}i^pj^ff\aSSS£ J*r'^?** : lAl'^ifir Uyyting'tke lasia jit ; >'"« '- ™fffr-'- • ~.V;;: ■•_;;.;-. T ..- .'" ; s \ ; ' .'. .•. .JP* .-, • I'*,- .' ~ ' , ;^'/ :? Iftgr "»o flftafflag on; dftHfcw£r»w *&£ liuit! at- aarfibr'aoni# m& *-'• - "' : ■• : ;- 5 v ; j r ,^->ii;;tr j;-,.. -» :~% <>nifc.e I morttntti* ixrtte'3&*tiu ttofcr 'fnttitifcttfca, vna 'ti riwifth Ibetwtfen. ifc® otm&hi ;.fe*

that it was understood by Bewi Mimli W»s «ie said Conveyance of the 16th day of the instructions of s ie^f aid conveyance prepared.under the of the lififo,-.. v. , .f• .. i. . 7v Had:*he plaintiffs before or at the time of the exwtrianttoof the. said .conveyance any independent j #Qvi®e tii relation to the said conveyance ? • 'No. ' ' i : i plaintiffs or either of them, and if so which, know at the time of the execution of the said conveyance that the said conveyance comprised all the land included in the said grant? ;■ -Yes ;■ by Paora Torotoro.. SA. Was the said eonveyence read over, interpreted, and-explained to the plaintiffs before the execution thereof by .them, and did they understand the nature and effect thereof ? . Y f s > re^d over, interpreted, and explained to both; but no evidence that it was understood by Kewi • but it was understood by Paora. 9* Did the plaintiffs previously to the execution of the mortgage to the defendant agree to to the defendant the said 163 acres? ' ° ® by Paora Torotoro only, inasmuch as it was included in the crown grant. the plaintiffs, previously to the execution of the conveyance to the defendant, agree to sell to the defendant the said 163 acres? Yes, by Paora Torotoro, inasmuch as the hind was included in the crown grant. 10. Was the execution of the said deed of conveyance fraudulently obtained by the defendant by reason of his knowing that the plaintiffs did not intend to include therein the said 163 acres ?• No. 11. "Were the plaintiffs in occupation of the said 163 acres at or for some time prior to the sth clay of October, 1868, and have they been in occupation thereof ever since ? Yes. 12. Was any claim for possession of the said 163 acres made upon the plaintiffs by or on behalf of the defendant before the month of May, 1874, and if so, when first? Yes; on or about the 11th December, 1873. 13. Were the plaintiffs or either of them aware before the month of May, 1874, that the said deeds of mortgage and conveyance, or either of them purposed to affect their title to the said 163 acres, and if so, when first? Yes j by Paora Torotoro upon execution of the deed, and by Rewi on or about 11th December, 1873. 14. Did the defendant, at the time of making his application for the certificate, know that he was not rightfully entitled to the said land ? No. . 15.' Were the plaintiffs, Hohaia, and other native persons, in possession adversely to the _ defend|m before and at the date- oftheiesije of the certificate,

or any of them '^ htfaU y entitled to > &*■'. Possession adversely, and not entitled, ** the grantees -tad signed thedeed of conveyance. jury 8r ° n ° r 9.35 p.m., discharged the

, p l ® following is a copy of the letter referred to by Mr. Travers in his cross-examination of Mr iianiim :—; ' • " Napier, 20thSepfc, 1869; Edward Green, Esq , Secretary to the General Government Aqent. Sir, . 9 , Before entering on the subject I am about to write upon, I would express that I feel a great delicacy in the matter, and wouldbaye felt it a great relief had some other person taken the task in hand. But as delays are dangerous, as is inevitable in the present ease, I feel it my duty to bring tHe subject to your notice, hoping at the same time that no reflections! will be cast upon me for so doing. I have now the honor respectfully to bring to your notice the wholesale: manner in which lands are being alienated from the natives, under the deceptive cloak of mortgage. Mortgages some time past were entered into for the sake of the protection of merchants for outstanding debts; but a later date, and up to the present time, it has been carried on with a view indirectly to disinherit the natives of their possessions, and also to deprive them of the yearly rents, which tney have heretofore been in the habit of receiving. I must not omit to state that this scheme is not a general thing, but is carried on by one person in particular (Mr. Sutton), who is assisted in so doing by Mr. Gr. B. Worgan—every one else having set their faces against it. I may add that the barefaced manner in which the trade is carried on is beyond credance. Several natives have come into the town without the slightest idea of treating with their lands ; they have been watched in the street by. Mr. Sutton (who I need not say had Mr? Worgan within call) the natives deaway, introduced, as a rule, first to a glass or two ot spirits, then into his shop, where he or she is invited to take an unlimited quantity of goods, at the same time the deed is introduced and requested to be signed, which, considering the state they are in, is not generally refused. I must not forget here to add that some of the most foolish and delusive ideas are put into the natives- heads—some of them have the idea that by forfeiting their respective shares of rent for three years, everything they draw in the shape of goods (for they seldom see money, thus giving about ten shillings in the pound in reality) will be paid off and be ready io re-mortgage; others hold the idea that they will still receive their yearly share of rents, and, by some unaccountable device, their respective debts will be paid off in the space of three years. In some ti instances some of them do not really know what thejr* have signed away. * To, such a pitch has the traffic been carried that in one instance I could relate where a native hkd! secured his creditor by mortgaging to him T»a in a certawi block of iand,. the deed legist

native was requested by ..Mr. Worgan to execute another deed in favour of Mr. Sutton..; ii this instance the lUi&ve/ deserVed. gteatv praise, $3 h'e told Hr. Worgan He wuMi tiot split ; Jus oda hanct in ti<no y wrong if lie signed a second for the same land,.-and for the same purpose—-tb which. Mr. Worgan in a reproachful manner said (alluding to the native interpreter who had been engaged in the former case) : " H* rangatbm r rawa v te .. no houi mar hoki kifaao miaiyiiia iAkoft <akta Translation: He (the man) is verily your chief (leader or teachet). and you can Jolly hold his words: (you "will in future see if he have spoken in truth or otherwise). : This has. been put into aa intelligible English aa the imperfect Maori can be rendered. Say the least of this, it is teaching thenativeto be unprincipled. : l am happy to say in this respect the natives hare to the present period behaved in a most creditable manner. The effects: of: this iniquitous and baneful traffic has yet to be felt by the province, and I don't think I shall be wrong in saying ,by the country also. The natives will be made destitute, will consequently resort to stealiixg and highway robberies, together withall other attending evils—and I fear the ultimate

consequences will foe infinitely -worse—viz., bloodshed, &c. I perceive by a late Act of the Native Lands Act that some alteration has been made -with respect to individual grantees dealing with their Tespective interests, but I fear that, while such an unprincipled mode, of dealing has already exhibited itself, a majority of graintees will be easily overcome. The power given to licensed interpreters to act in such cases is unlimited; unless his own conscience prompts him, he is acting in such a way as.<.<will b« injurious to the colony. I allude to ithie :wholesale manner in which it has been, and still is carried on. To my certain knowledge deeds are at the present time in the course of preparation for die further transactions of the above nefarious traffic. I would, therefore, bring to your .notice the necessity of: revoking the license as native interpreter issued to that gentleman, Mr. "Worgan, at all events for a time, pending your pleasure to again re-grant it at some future period. If this is not at once done, I fear there .will be no redress, or redress will be too late. I have, <fec., (Signed) F. E. Hamliic. The Hon. the Native Minister, Wellington.