Tuesday, 18th March, 1868.

Wellington Independent, Volume XXII, Issue 2653, 26 March 1868, Page 5

Tuesday, 18th March, 1868.

The first witness called by fche agent for the claimants was

Ihakara Tukumaru : Belongs to the Patukohuru, a hapu of Ngatiruakawa. Knows the Airahou block which has been sold to tho Government.

Examined by Mr Williams : I was living on that land when it was sold. I was the principal seller. I was fche chief in that; transaction. When I first proposed the sale, the whole of the tribe did nofc agree. They were long discussing it. Mr Searancke paid the money for that block. I received the purchase money. The Ngatiupo did not sell that land, nor did tho Eangitane, Muaupoko, Ngatikahungunui, Wanganui, Ngatiawa, Ngatitoa, or Ngarauru. I and these who were on my side sold the land — Hukiki, Te Matenga, and somo who are still alive. I refer to Horomona, Hori Te Waharoa, Takerei, and other younger chiefs, Moronti for example. Te Matenga and Hukiki were old men. I therefore place their names above mine. Afc that timo I was afc tho head of the sellers. Nepia Tarafcoa was afc the head of the non-sellers. I consented formerly to lefc Eangitane sell fcho Airahou block, bufc Ngatiraukawa would nofc consent. I omitted to mention the names of Matene and Tamihana To Eauparaha. They wore under me. I would have consented to lefc Ngatiapa and the other tribes join me in the sale had they wished to. I would havo been willing to take the payment jointly with the other tribes. Governor Browne und Mr McLean wero both present when tho money was paid. Mr McLean and I divided tho money among the tribes, excepting Wanganui and Ngararu. The sellers headed by myself would have allowed the Ngatiapa and the other tribes to take part in the sale.

The non-selling portion of Ngatiraukawa, headed by Nepia Taratoa would have opposed it. The two ofcher sections of Ngatiraukawa at that time were equal in number. I would have consented at that time to lefc fcheNgatiapa,EangitaneandMuaupoko havo an equal share in the " mana" over the land. ' I was angry with the Ngatiapa because they went to Wellington fco ask for a parfc of the purchase money. Subsequently the Ngatiapa, Eangitauo, and Muaupoko got a share of the money. I was angry because Mr Searancke gave the Ngatiapa a part of the money at Wellington without my knowledge. Had these tribes joined in the sale I would have been willing to give them one-half of tho purchase money. Had tho purchase money been one thousand, I would havo kept five hundred pounds and given fivo hundred pounds. I had land in the block which was recently sold

to the Crown, at the time of the sale of the Awahou block. I had land at Kaikokopu, Pukepuke, Tawhirihoo, Kakanui, Makowhai, Purakau, Whitirea, Himatangi. Thoso are all mine, Kaikokopu is outside the Awahou block. It is towards the sea. The places I have enumerated are outside Parakaia's boundaries, with the exception of Whitirea and Himatangi, which arc within the claims of my friend Parakaia and myself. Himatangi is a block of land. I don't know much about dates. My occupation of Himatangi dates as far back as Parakaia's. Himatangi was a cul- | tivation of mine. I have a settlement at Whitirea where my older relative is buried. I left Parakaia in occupation of his own portion. I retained possession of mine. I have no house on Himatangi nor have tho other claimants. We were accustomed to seek food there. Himatangi is tho general name of the block in question. It takes its name from a small bush called Himatangi. Himatangi is a cultivation of mine and Parakaia's —of all of us. It wa6 occupied by us before the signing of the treaty of Waitangi. I have not cultivated with Parakaia Brace fchafc time in the Himatangi bush. There no houses in the bush. I have been accustomed to shoot birdß

there ; so have Parakaia's people. My father is buried on that land, and my people continue to occupy it. I claim also through Paratene, who is now dead. My further claim is, that the land itself belongs to me. Paratene's widow is still alive. Te Kohetu is the older relative to whom I have referred. lam clear about my title to tho places I have enumerated, including Himatangi. I did say at the Awahou meeting—" I will take out my plank, and the ship will sink." I took out my plank by the sale of tho Awahou block. The water is still running in. I refer to the pakeha settlers. I have land on this side of the Manawatu river. Do I not belong to the Ngatiraukawa ? By the '* sinking of the ship," I meant that the land-holding league would sink. I wanted to see a township established in our midst. I have land on this [the southern side] of Manawatu. I would not consent to let the Ngatiapa sell my land on this side of the Manawatu. This is my other Bhip. I did join in the sale of the Eangitikei-Manawatu block. I did not, previous to the cession, ask the Ngatikauwhata and Ngatiteihiihi to give me or my hepu land at tho Oroua. We did petition fcho Assombly to throw open this block under the Nativo Lands Act. They did not agree to it. The people of Manawatu, Eangitikei, and Oroua, were parties to that petition. The petition came from the Ngatiraukawa and Eangitane. The Muaupoko wero invited fco join. [Mr Fox objected to tho course the examination was taking, as it appeared to him totally irrelevant to the question before the Court. The President ruled fchat the questions did nofc bear directly on the case, and directed the agent for the claimants to confine himself to relevant points,] The selling portion of the NgatiraukaM a were equal in number to the non-sellers. The Ngatiapa, Eangitane, and Muaupoko were with the selling section. The Wanganui tribes joined with mo in taking fche money [for fche Eangitikei-Manawatu block]. Tho Ngatitoa havo claims over the wholo of the Eangitikei-Manawatu block. The Ngatiapa havo a general claim over tho whole blocks : — so have

the Eangitane and the Muaupoko. The Wanganui tribes also havo claims within tho block. Hoani Hipango [a Wanganui chief] disputed with the Ngatiraukawa, and they with hira. The Wanganui tribes have no claims on this side of the Manawatu river, because I have reserved it as land for my tribe. There has been no formal arrangement, on the subject. I and ofcher Ngatiraukawa chiefs and Mr McLean settled it in that way. There was no runanga on fche subject. It was a matter of privato discussion with Mr McLean. Dr Featherston came many times to Te Awahou. He came after we had senfc in our petition to the Assembly. He talked wifch us about tho Eangitikei-Manawatu block. We were angry with him about tho exclusion of this land under the Native Lands Act. I did say — " Throw open this [the southern] side of Manawatu, and I will sell the other side." [Tho counsel for tho Crown declined to cross-examine the witness, informing the Court that he was one of the leading witnesses for the Crown.]

By the Court : I was angry with tho Ngatiapa because they took money at Wellington for the Awahou block. There was nothing wrong in their doing so. I was angry because thoy demanded a second share in tho purchase money. They had received their share at; Wellington. Mr McLean demanded a further sum for them, and I objected, saying : " They have already received their portion." Tho places I have enumerated in the Himatangi block belong to mo and my hapu, the Patukohuru, jointly. Parateno belonged to the Patukohuru. Parakaia does not belong to that hapu. The land in question [" Himatangi"] belongs to several hapus of Ngatiraukawa, namely-Patukohuru, Ngatirakau, Ngatituranga, Ngatiteao, and Ngatitakihiko. I know the boundaries of that block.

The Eev. Samuel Williams : Knows the land described as "Te Awahou block." Eecollects the discussions about the sale. Tho tribe was divided, and there was much angry feeling. He visited the two parties, and advised tho non-sel-lers to withdraw their opposition. They blamed Ihakara for bringing a number of non-claimants

fco strengthen his side. They wero annoyed afc Ihakara's saying " that he would tako out his plank, in order that the vessel might sink." They

looked upon ifc as a malicious act on tho part of Ihakara towards the tribe, and they feared evil consequences would ensue. [The rev. witness described the part he took in tho transaction, in

the way of rendering assistance to the Commissioner, Mr McLean, and referred to circumstances connected with the purchase of tho Awahou block.]

Henere Te Herekau and Te Miratana gave evidence respecting a dispute ns fco the occupation of Tawhirihoe, arising out of the location of settlers' sheep there.

Henere Meihana (Eangitane), gave an account of fche attempt on the part of fche N gatiraukawa to erect a flour-mill at Makowhai, in the EangitikeiManawatu Block, and of the interference of the Ngatiapa, who came across tho river and prevented its erection, and established a pa thero. Described the subsequent proceedings in whicli the Eangitane tribe took part, the end of ifc all being thafc fche Ngatiapa and Ngatiraukawa agreed to put up a flour-mill jointly. The Ngatiapa were armed on fchafc occasion j tho Ngatiraukawa

Pumipi Te. Kaka : Belongs to tho Ngatikahoro hapu of the Ngatiraukawa tribe, and lives at Eangitikei. Confirms what Hoani Meihana said about tho Makowhai affair. [Witness then gave an account of a subsequent meeting at Parewanui.] Mohi asked Nepia to allow him to lease a portion of the land, in ordor fchafc he might raise funds for the mill. Heard Nepia agree to his leasing the land for threo years— rent £60 por annum. Miratana Te Eangi was recalled. Ho confirmed tho evidence of Hoani Meihana, but said that the rent agreed upon for Makowhai was £60 for threo years, not £60 por annum, as stated by lasfc witness.

Henero To Herckau recalled : Confirms Montana's statement. Parakaia Te Pouepa wns then called, and gave evidence on the same subject.

Hoani Meihana recalled : Gave evidence res-

pecting a leaso including a portion of Parakaia's claim. He was a party to it himself.

By Mr Williams : Nepia allowed me to join. Besides myself, Nepia, Matene Te Matuku, Tamiliana To Kahu, and another young man of Ngatiapa. Parakaia, Te Eoera, Paratene, and several others of tho Ngatiraukawa wore parfcies fco ifc. Matene, Tamihana, and another, belong to the Ngatiapa. Parakaia's party are interested in Himatangi; tho other party in Omarupapako. There wore five in Parakaia's party. They belonged to Ngatituranga and Ngatirakau. They objected to the Ngatiapa taking any share in their land. The arrangement was that tho money Bhould be equally divided between the two parties. I knew that neither the Ngatiapa nor my- ' self were entitled to any share in fche rents for Himatangi. Wo wero to receive rent for fche portion towards Omarupapako. The first arrangement was thafc Nepia should receive fche whole of the rent and divide it. Parakaia contended that he should receive his own portion. Nepia was to settle with Ngatiapa and with mo out of his portion.

Cross-examined by Mr Fox : The lease I refer to was Mr Eobinson's. This was not the original leaso. Mr Eobinson held a previous oue. I was not a party to the original lease. I don't; know whether Parakaia was a party to the former lease. I don't; know whether the Ngatiapa wero parfcies to it. Mateno of the Ngatiapa and I (of the Eangitane) were parties to the lease by permission of Nepia. This portion of tho land belonged originally to our ancestors who were buried there. They were not actually buried under ground, but wero hidden away in hollow trees, or allowed fco lie whero they died. That was the kind of "mana" under which we asked to bo admitted into the lease. It was a matter of favor on tho part of Nepia.

By the Court : I shared in the rent for three years.

Parakaia recalled: Gave evidence relative to Mr Eobinson's lease, and as to tho boundaries of tho Himatangi block. -rW^^H^^r^T Cross-examined by Mr Fox : I claim tho land from a period dating from 1835 to 1840. Ido not pretend to say that fcho straight lines shown on the surveyor's plan were the boundaries of my ancestors. A boundary was fixed at Whitirea in 1846. The first leaso to which I was a party was made in 1861. Mr Eobinson had a previous lease. I was not a party fco thafc lease, but succeeded in getting part of the rent. I received £5. The principal men concerned in that lease were Ihakara, Nepia, and Hukiki. I did not hear thafc Paratene, was a party fco ifc j bufc he joined me in obtaining some of the money. Thero were no boundaries givon or plan shown in the lease of 1861. I was living here, at Otaki, in 1861. I am living hero now. In 1850, 1 was living sometimes here, sometimes afc Himatangi. Tho terms of fche lease of 1861 were arranged by Hoani and the others before I was consulted.

By Mr Williams: My land was included in the original lease. It was leased by Nepia, Ihakara, and Hukiki. I was here (Otaki) at that time. When I heard fchafc ifc was leased, I went and asked for some of the rent. Thoy gave me £5. The amount of the rent was £20. The Ngatiapa, I am told, had no share in the original lease.

Cross-examined by Mr Fox : lam nofc aware that there was a previous lease to the one I have mentioned. Had Mr Eobinson's cattle been upon my land previous to the time of that lease I should have demanded a share of tho payment. I heard of a pakeha giving Nepia a horso in payment for something. I do not know the particulars.

Eoera Eangiheuwea: Belongs to Parakaia's hapu, and lives at Himatangi. Confirms Parakaia's evidence as to the nature of Mr Eobinson's lease. •

Cross-examined by Mr Fox : I heard that boundaries had been fixed, and afterwards saw them. I refer to fche survey wliich was recently made.

Nirai Taraotea: Confirms Parakaia's statements relative to Mr Eobinson's leaso. The Court adjourned at tho usual hour. Thursday, March 19, 1868. Parakaia To Pouepa was recalled by the agent for the claimants to give further evidence on the matter of tlie nativo leases. Aperahama To Huruhuru and Amiria Taraotea (a woman), gave confirmatory evidence as to Parakaia's tifclo to Himatangi. Pitihira Te Kuru : Belongs to Ngatiteao (of Ngatiraukawa), and lives at Himatangi. Saw tho lease to Skipwith, of which Parakaia gave evidence. Was Skipwifch's shepherd. Put up a ! fence for him on the land which is the subject; of the present investigation. This was near the banks of the Manawatu river. The lease extended over one year. The joint claimants with Parakaia in the present case were parties to that lease. [Witness here described the part; ho had taken, under Parakaia, in impounding Mr Bobiuson's cattle]. Becollects the Ngatiapa claiming to have an interest in the lease at that time. Tho loase included Himatangi and Omarupapako. The Ngatiapa were admitted by Nepia to share in his portion. Parakaia refused to admit fchem.

Cross-examined by Mr Fox : I put up sheep pens for Mr Skipwith. I cannot give their size. It was simply an enclosure. Afc that time Parakaia went backwards and forwards between Otaki and Himatangi. Parakaia cultivated there. I cannot say that his cultivations wero as largo as the paddock around the Otaki church. I did not read tho lease of which I havo spoken of. I heard its contents.

By Mr Williams : My father had a joint interest with Parakaia in ono of his cultivations. There were also bush clearings in which many ioined.

By tho Court : I heard tho lease I havo referred to read.

Henere Te Horekau : Confirms Parakaia's evidence.

Cross-examined by Mr Fox : lam a monitor in the church, under tho direction of Archdeacon Hadfield. Parakaia is also a monitor. He is ono of tho heads of tho church. Eawiri Te Wanui is a monitor under Archdeacon Hudfield. He is a superior monitor. Hare Hemi is amonitor under Archdeacon Hadfield. Hoani Meihana is a monitor under Archdeacon Hadfield.

By Mr Williams: Ihakara was formerly a monitor. Ho has now joined tho Presbyterian Church, and is a Government Assessor. The " monitors" superintend schools and conduct services. Parakaia's duty is to arrange matters for fche church. His duty is to obtain land for the church and so forth. Ho is the head of the laity. [The President of the Court suggested that these questions appeared irrelevant, and were taking up valuable timo. Mr Fox stated that they had a very important bearing on the case, as ho intended hereafter to show.]

Te Kooro Te One was then called, and corroborated Parakaia's testimony.

The Eev. S. Williams gave evidence on tho subject of Skipworfh's lease, substantiating that of former witnessos.

The Court then adjourned for one hour

On resuming, a discussion arose as to whether tho agent for tho claimants could enter upon tho political issues involved in tho general question of tribal title which had been already raised. The Court ruled that the agent for the claimants might produco evidence and give explanations on such points as, in his opinion, might hereafter bo used by the counsel for the Crown to tho prejudice of fche agent's native clients. The agent accordingly called Te Kooro Te Ono, who gave a very lengthy narrative of e\ents from the date of the early disputes about tho leases down to the present time. . [The counsel for fche Crown declined to cross-examine tho witness, and entered his respectful protest against tho admission of evidence which ho deemed wholly irrelevant to the caso. The President of tho Court ruled that tho evidence was not of an admissible character — that the question before tho Court was not the validity of tho Manawatu purchase as a whole, but tho claim of Parakaia and others to a specific portion of tho Eangitikei-Manawatu block.] The Oourt adjourned at 4 p.m.