Thursday, April 2, 1868.

Wellington Independent, Volume XXII, Issue 2658, 7 April 1868, Page 6

Thursday, April 2, 1868.

Tho first witness called by the counsel for the Crown was Paramena To Naonao, who gave evidence at some length relative to tho occupation of Himatangi by the Ngatiteupokoiri prior and subsequent to the treaty of Waitangi. Towards the close of his evidence, in crossexamination, the witness was asked by Mr Williams whether he had previously seen the plan which had been produced, and on which ho had been examined. He replied that he had not, and on the question being pressed more strongly, repeated tho denial. Before the adjournment, at 1 p.m., Mr Fox informed the Court that he felt it his duty to state that the assertion deliberately made by 4he witness that ho had not seen the map was untrue. After such a statement, ho could not ask tho Court to pay any attention to the evidence tho witness had given, or even to give it a place on its notes. He expected, however, to be able to give unimpeachable testimony to the same effect from the mouth of other witnesses. The Court directed tho witness to be called, and on his re-appearance told him what Mr Fox had stated. Witness confessed tho fault, and said he did it through fear of Mr Williams. Tho Court then severely reprimanded the witness, and informed him that he had laid himself open to severe punishment, but intimated that as the matter had not been placed on tho notes of the Court, no further proceedings would be taken by it. It was understood that the evidence given by tho witness would not be recorded. The next witness called was John Tiffen Stewart : I am the Provincial Engineer of Wellington and in charge of surveys. I know tho plan produced. I prepared it on the 24th March instant. It is a sketch plan made on the spot. The rivor is a tracing from a former survey. I havo been over the ground shewn on the plan to' inspect the native cultivations, old and recent. I know the land shewn on the plan of Himatangi now before tho Court. My plan shews the river frontage of that block. The plan prepared by me shows tho whole of the cultivations, extinct and recent, on that land, so far as I am aware. The dotted lino shown on the plan, A to B includes tho whole of these cultivations, with the exception of what is in the Himatangi bush. The line includes also a very great deal of land that has never been under cultivation. I suppose, speaking by rough guesß, that from three to four hundred acres has, at some timo or other, been under cultivation. I have not seen the cultivations in the Himatangi bush, which I understand are of very small extent. I saw cultivations, old nnd recent, on the south side of the Manawatu. Tho spot where the kahikatea stood, as indicated in the tracing, was pointed out to mo by tho natives. Tho tree is gone. Its position is shown approximately. The existing cultivations are generally speaking in the bends of tho river, and are of small extent. The houses at Papakiri are of a poor description — toe-toe huts with totara slabs. I could not cay how long Papakiri has been occupied. Cross-examined by Mr Williams: Tho kahikatea tree is about a mile from the river bank. I know Whilirea and Pakingahau. I was surveying in the Manawatu district in 1858 and 1859 ; and I have been in charge of the surveys in that district since 1865. I saw Ngafcuna and Paratene there in 1859, but I did not see Parakaia. By the Court : 1 estimate tho land comprised J between the dotted line and the Manawatu river to contain about 1000 acres, I surveyed the northern boundary of the Awahou block. I have been over a good deal of tho Himatangi block, and iiave never seen any cultivations inland of the dotted lino on the plan. I have frequently travelled along the road which crosses the Himatangi block, about three miles from the river. Keremeneta accompanied me when I made the inspection of the cultivations. Keremeneta be* longs to the Ngatiraukawa tribo. On a previous occasion, on the 20th March, Ihakara, Hohepa, and another native, accompanied me to the ground, and gavo mo information as to the cultivations. The sketch is according to scale and I could calculate tho exact area of the land comprised within the dotted lino. On the Court resuming, tho counsel for the Crown called Mateno Te Matuku : I belong to the Ngatiapa. I know Himatangi. That land belonged to mo. I was engaged in tho Haowhenua fight. Up to that time the Ngatiraukawa had not crossed to tho other side of Manawatu. I cultivated formorly at Papawharangi, To Aputa, and Te Arahiku. These places are in the Himatangi bush. I was cultivating there long before the Haowhonua fight. Te Makomako, Pirika, Te Kakapa, To Kuru, and Nikaora were cultivating there with me. Himatangi is tho name of a sand hill, near the Puketotara road. Te Oneturakau, Wawa, Te Whangaiotai, Te Waiamahea, Otekura, Paranui, Totara, Okunehe, Waiohau, and Okuru were the lagoons where we were accustomed to catch eels. They are all in the Himatangi block. After Haowhonua, To Raotea and people lived at Opiki. That was their permanent abode. The Ngatiteupokoiri were living at Rewarewa, but they were cultivating on the north side of the river, in the Himatangi block. I recollect the battle of the Kuititangi (1839). At that time I was living with my party at fiirnatangi. I did not know that Ngativaukawa were setting up any claim to Himatangi at that time. I recollect when Mr Williams visited Tawhirihoe with the " Treaty of Blankets." At that time I was living at Himatangi. A man was sent to fetch me. When I arrived at Tawhirihoe tho signing was over, and the blankets had been given. I thorcforo did not sign. The chiefs who signed were — Hori Te Hanea, To Hakeke, Mohi Muhi, Hurauera To Raikokiri. These are all I know of. They signed at Tawhirihoe That was apa of ours on this sido of tho Rangitikei river. At the time of the treaty wo had the following pas between the Rangitikei and Manawatu rivers — Tawhirihoe, Te Awahou, Poutu, and Oahuru. There were pas on the side of tho block towards Oroua. Tho Rangitane were also cultivating at Himatangi at the time of the treaty. We had cultivations at Oroua at that time and previously. Our cultivations and eel-preserves were — Mangawhata, beween Rangitikei and Oroua, also, To Rotonuiahau, To Pufcaanga, Ngawhakatote, To Awahuri — all between tho Rangitikei and Oroua rivers, and on the land which hos been sold to Dr. Foatherston. I left off planting potatoes at the timo of the sale of North Rangitikei (1849), and removed to Himatangi ; but I continued to catch eels in the lagoons. The money I took, on the sale of Rangitikei-Manawatu 'block, was for Himatangi. I had extensivo cultivations at Himatangi. The Ngatiraukawa afterwards stole my land and worked on my cultivations. I continued to catch eels at Himatangi up to the time of tho sale. I never heard of Parakaia in former times. All I know about him is that I burnt down honseß ho had put up on my land, and pulled up posts ho had put in uoar my eel ponds. My houses were at Koputara. Parakaia never set fire to them. I burnt down Parakaia's houses twice [as an assertion of ownership], I burnt Parakaia's boundary posts. I did so because the land was mine. Cross-examined by Mr Williams : I live now at Koputara at Pukopuke, and at Rangitikei. I have no houso at Himatangi at present, but I natch oGls there and take them to my houso at Koputara. I have no cultivations at Himatangi now, but I catch eels there. Tho last year in which I cultivated potatoes at Himatangi was tho year in which North Rangitikoi was sold (1849). I mean the year in which the first instalment was paid. I both caught eels and cultivated potatoes at Koputara. I don't know anything

about the first coming of the Ngatiraukawa, for I was at Wanganui then. My friends romained at Hiraatangi. The Ngatiraukawa did kill some of our people. The Ngatiraukawa came upon some stragglers on the sand banks and killed them. There were no chiefs among them. Hamuera's mother was captured, but she was no chief. Te J Wharaki was a chief. He was murdered by the Ngatiraukawa, but what of that ? Tho Ngatiapa chiefs took refuge in their own kaingas. Hima- ! tangi was not abandoned atthattimo. Although I was at Wanganui, my people remained at Himatangi. None of them were fkilled by the t Ngatiraukawa. My tribe was beaten by the Ngatifcoa at their first coming. I was not a "soldier" of the Ngatiraukawa at thellaowhenua fight. The Ngatiraukawa did not occupy Himatangi on their return from Huowhenua. They did not locate themselves at Puketotava. The Rangitane and Ngatiapa lived there. I don't know Kirikiri To Whata of Ngatikauwhata, who lived at Oroua. Tapa lived there with his father |To Whata. Those were all I knew about. [Witness then enumerated the names of others whom he heard were, at that time, living at Oroua.] Harewharara, Nepia, and Aperahama, Ngatiraukawa chiefs, were at that time living at Rangitikei. I had Ngatiraukawa workmen, whom I ordered to go and catch birds for me. I don't include tho chiefs I havo mentioned. Ngatiraukawa had no boundaries at that time. The land as far Waiwiri, near Ohau, south of Manawatu, belonged to me. I recognise only tho Ngatitoa as owning land. By Mr Williams : The Ngatiraukawa have cultivations along tho rivev bank in the Hiinatangi block. They went there of their own accord. I don't know the year in which they went there. My driving of the Ngatiraukawa off was my burning their houses and pulling up their posts. I arranged the lease of Himatangi and Koputara to Mr Robinson. I s\iggested it to Nepia. I never consented to Parakia and Paratene being parties to that lease. They intimidaced Mr Robinson by putting up a stockyard, and impounding stock, and wore then admitted. I was no party to the first lease to Mr Robinson. Nepia and Ahukaranui arranged that one. They gave me £5 of the rent money. The rent for Mr Robinson's last lease was received by Nepia and myself. We gave Parakia some of it. We received first £30. We gave Ngatiraukawa £15 — to Paratene and Parakaia. We kept the rest. It was Nepia and I who gave Parakaia the money. Nepia consented to the giving of this money because Parakaia's peoplo had put up a stockyard in which to impound the cattle. By tho Court : The Ngatiraukawa had a claim to land on the north side of Manawatu, and it was determined by fixing the boundary at Omarupapako. [Northern boundary of Awahou block.] The boundary was fixed by the posts of Hakeko, Hanea, and Matiu. When tho Awahou block was sold Nepia stood up and stretching out his arms to indicate tho boundary, said " Ngatiraukawa, you are done with I will now turn my back to you and my face towards Ngatiapa." [Mr Stewart handed in the tracing referred to in his evidence, duly certified. The land comprised between the dotted line and the Manawatu rivor was found on calculation to contain 1200 acres.] The Court rose at 5 p.m.