MR FOX'S OPENING ADDRESS FOR THE CROWN.

Wellington Independent, Volume XXII, Issue 2658, 7 April 1868, Page 3

MR FOX'S OPENING ADDRESS FOR THE CROWN.

NATIVE LANDS COURT.— OTAKI. THE ENQUIRY INTO THE MANAWATU PURCHASE. [fkoir our special correspondent.] Friday, March 27, 1868. parakaia and otiiees v. the crown. TnE Court was opened ufc 10 a.m. There were between 500 and GOO natives present. The Court nsked Mr Fox if he wished his address to bo interpreted into Maori. Mr Fox replied that lie was particularly anxious that the natives on both sides should hear what he said. Mr Young was then directed to interpret, and tho Conrt called on Mr Fox to proceed. Mr Fox said : May ib please the Court. lam not going to make that speech which a dignitary of the Church, whoso unfortunate irritability of temper is only equalled by his inability to conceal it, has told the public through one of tho newspapers lam about to make. At present I shall confine myself to laying before the Court a dry and abstract statement of the evidence I propose to adduce on behalf of the Crown as objector to Parakaia's claim to the Himatangi block. I will only preface my statement with a single word of caution to the Court, which is this. The witnesses whom I shall bring before tho Court will not be a few " tutua" or common men of one tribe, nor even a picked body of carefully trained office bearers in the Church ; but they will bo almost without exception the great leading chiefs of tho several tribes on the West Coast, tho men who have themselves taken the most active part in the wars and other public events which have marked the history of tho period in which they have lived, and who are familiar with all the land titles of their respective tribes. Now tho Court; will find in the evidence of these men possibly very many discrepancies in details, bucli as are invariably found in all accounts of cotemporary events, when related by a number of persons who have looked through the media of different temperaments and feelings at tho events they relate. This is nowhere more evident than in that record of the highest interest to the human race — the four gospels ; and it is the feature which above all others distinguishes a true narrative proceeding through several channels, from what may be called a " got up" story in tho nature of an Old Bailey alibi, which proceeding from a few welltrained witnesses admits of no discrepancies, or differences of detail. But while such discrepancies may be expected to appear in tho accounts for instance of a battle given by tho victors and the vanquished, the Court will not fail to appreciate tho unanimity in which the several narrators converge in their assertion of tho broad positions involved in tho issue before the Court, such as the maintenance ot' " mana" by tho Ngatiapa, tho ownership of the disputed block, the unauthorised intrusion into it of Parakaia, and the like. On these points there is one consenting voice of all tho tribes, which cannot fail to affect the judgment of the Court. Tho Court will, I have no doubt, be greatly surprised to discover, as my evidence unfolds itsolf, how many important events affecting the history, and how many important facts affecting the ownership of the Himatangi block, have been put on one side, and absolutely ignored by the agent for tho claimant, though they could not but be within his knowledge. Tho Court will also be astonished to find how dates have been distorted and misrepresented. I will now proceed to state to tho Court the outline of tho case for the Crown in tho same order as that adopted on the other side — first, the historical, and secondly, as bearing specifically on Parakaia's claim. About the year 1825, a party of Ngatitoa led by Te Rauparaha, Rangihaeata, Te Pehi, and Pokaitara, and accompanied by Ngapuhi and Ngatiwhatua under Tuwhare, Taeho, Tahere, Tamati, Waka Nene, and Patuone came from Kaipara and Kawhia to invade Cook's Strait. They fought their way down till they reached Wanganui. There there was a battle atPurua (the spot on which Major Durie's house now stands) between tho invaders and the Wanganui and the Ngatiapa tribes. The former had guns, the latter had none and were beaten. Two Ngapuhi chiefs were killed. Thence tho victorious army proceeded to Wangaehu, Turakina, Rangitikei (without fighting) to Oroua, where they surprised a kianga of 500 people, and carried off two prisoners of rank — Arapata and Pikinga (a girl). Then they went on by Manawatu, Horowhenua (whore a Ngapuhi chief, Te Aua, was killed by the Muaupoko), Waikawa, Ohau, Otaki, and Waikanae. The residents being afraid of their guns got inland and kept out of their way. When they reached Pukerua, whore Muaupoko were located, Rauparaha attacked them and killed 30. At Porirua there was no fighting, but near Whan-ganui-aterea (Port Nicholson), at Orongorongo, there was a fight with Ngatikahungunu, and twenty Ngapuhis, including tho chief Rori, were killed. At Wairarapa, Ngatikahungunu challenged tho invaders. A fight ensued, which lasted, some say one day, others two days, with varying success, till in the end by the aid of their guns, the invaders got the besb of it. The campaign then finished; the invaders returned in canoes as far as Rangitikei. Here Rangihaeata went to the Ngatiapa Pa, To Awomate, and handed over to Te Ahuru, Arapata, and other captive chiefs as a pledge of peace and reconciliation, which was so accepted by the Ngatiapa. They in return gave presents. This proves that the Ngatiapa had not lost their " mana." Rangihaeata then told them that he had taken a fancy to Pikinga, and would like to mako her his wife. This was assented to ; and the chiefs Pauhu and Eahunui gave a celebrated greenstone, named " Whakahiamoe," in acknowledgement of tho compliment implied by the transaction. This greenstone is now in the possession of Mateno To Whiwhi, at Otaki. Tho invaders then returned to Kawhia and Kaipara, without occupying an acre of land in tho country they had invaded. 11. SECOND INVASION. About a year afterwards, To Rauparaha, Te Rangihaoata, and Pehi, with a body of Ngatitoas, again started for Cook's Strait. This time they brought their wives and children. That was bocause of the reconciliation before they returned to Kawhia. Ifc was a lieke (emigration), not a taua (war party). At Waitara they were joined by a body of Ngatiawas. They were attacked by tho Taranakis, and five of the Ngatitoas killed and eaten ; but Pehi succeeded in stopping that fighting, and they went on quietly to Waitotara. When the Ngatiapas heard they wore there, their chief To Pauhu suggested that they should go and meet them in a friendly way. Ten chiefs went and met with a most friendly reception. To Rauparaha said : " I am glad to see you my friends. Welcome, welcome, &c," and reminded Ngatiapa of their reconciliation. The Ngatiapa chiefs replied that they would never forget it, and invited Ngatitoa and Ngatiawa to come on to Rangitikei. They came along tho beach to To Awamate — a Ngatiapa pah. Thero they Btayed three months, hospitably entertained. Ngatiapa then asked Raupavaha whore he wished to locate himself. He said, " Kapiti." They offered to escort him and his people thero. They travelled aloflg the beach till they reached tho Manawatu river. The Ngatiapa then bid them farewell and returned homo. Their words were : "Go on Ngatitoa, but have regard for Muaupoko and Ranglfcane, who are chiefs on their own land, enjoying their " mana." After crossing Manawatu, the Ngatitoa, in a quarrel about a canoe, killed a Muaupoko woman. Tho Miiaupoko, on this, determined to attack Rauparaha, followed him down to Ohau, and took him unawares. Raupnraha's throe sons — Rangihuangariri, Te Poaka, and To Hovongo and his daughter Te Uira, were killed, but Rauparaha escaped. He afterwards avenged these deaths by capturing Waikiakia and Waipatu, Muaupoko pas near Horowhenua, and tho Muaupoko fled to the bush. Rauparaha then wont on to Otaki. Tho Muaupoko returned and rebuilt their pas. Muaupoko and Fangitane attacked Ngutitoa and

Ngatiawa at Waikanao and dvovo them to Kapiti not a man wa9 left to hold OtaM or Waikanac Then Rauparaha took his utu by attacking Ban gitano and Muaiipoko on the north bank of fchi Manawatu, and finally returned to Kapiti. After this there -was a period of hostilities be tween Ngatiapn, Rangitane, and Ngalikahungum on the one sido, and Ngatitoa and Ngatiawa 01 tho other. The former attacked Rauparaha anc his pcoplo. There were fights at Waikanac Waimopihi, Kapiti, and other places. Finally Eauparaha followed his assailants up to Rangi tikei, and a fight took place at Te Awamate, ir which the Ngatiapa s<ty the Ngatitoa were pun ished with heavy loss. Both agree that this was the last of the fighting between Ngatiapa anc Ngatitoa. 111. NGATrnAUIUWA. I must now introduce the Ngatiraukawa, trace their connexion with the district, and shew the extent of their settlement in it. For this purpose we must go back to the period between Rauparaha's first and second invasion. On his return to Kawhia at that time, he visited the Ngatiraukawa at Maungatautari, and proposed to them to accompany him South. They declined | on the plea that they meditated a Tana on the Ngatikahungunu at Heretaunga. About the same time as Rauparaha started for Cook's Strait, the Ngatiraukawa went down to Herefcaunga(Hawke > s Bay) — the loyal, generous, peace-loving tribe pretending that they came on a visit of friendship. They were most kindly received and entertained. By-and-by a party cf Ngaitcrangi, from Tauranga (under the chief To Warn), arrived, and shortly after they combined to attack Ngatikahungunu. They were beaten, and Ngatiraukawa driven back in disgrace to Maungatautari. They now bethought them of Rauparnha's invitation, and determined to go South and claim his protection. They left Maungatautari in two parties. One of these, 300 strong, after the usual fashion of our peaco-loving, loyal, generous friends, went to Wanganui, where they claimed and enjoyed the hospitality of the resident tribe ; but having polluted some of their burial grounds, a quarrel arose, and they were cut off almost to a man. About the same time, another party of about 800, led by To What anui, camo down by way of Taupo and the Rangitikei G-orge. In Upper Rangitikei they murdered Tawhiro, a Ngatiapa chief, and another man. They then came to Manawatu and so along the beach to Otaki. They there bewailed their beaten condition — conquered by Ngatikahungunu and by Wanganui — and requested Rauparaha to extend to them the shield of his protection, offering to fight in his wars, and to catch birds and fish for him. He accepted their offer, and, practically, took them to be his " raokui." Ho directed Te Whatanui to occupy some of the land to the North, and that chief proceeded towards Rangitikei with some of his party. In the meantime, tho Ngatiapa and Rangitane had started for Otaki to avenge the deaths of their chiefs on the Ngatirau/kawa, but travelling by the inland road they matually missed each other. Whatanui captured two women on a small lake-island in the disputed block, and having heard from them of the departure of the war party to attack him, he sent one of their women (Konihi) to offer terms of peace and iavite the Ngatiapa to " rub noses." Hukiki and Nepia Taratoa were with Whatanui. After much discussion and some threats of fighting, peace was made and Te Whatanui went back to Otaki, where and at Horowhenua, Ohau, and other places, ho continued to occupy. The Ngatiapa continued to reside on the land between Rangitikei and Manawatu, from which they had never been driven. They resided at Himatangi, Whitirea, Raiwera, Oriko, Papakiri, Alutana, and other places, fortified pas and kaingas within the Queen's block, the names and position of which they are prepared to give, but any reference to which was most carefully avoided by tho witnesses on the other side. Three years after this, the Muaupoko killed some Ngatiraukawas (including Te Hotoke, a chief) at Otaki, and again at Waikanae. Whatanui did not attempt to avenge their deaths. All that timo Ngatiapa, Rangitano, and Muaupoko lived on the lands of their ancestors and enjoyed their " mana."^ The question now arises, how and when did the Ngatiraukawa attain to an independent position, and gain a footing on the lands of cho Ngatiapns and other ancient possessors of the country? These facts which, to a certain extent, are admitted, were the result of a now scries of events which occurred on the coast between 1836 and 1840. IV. INVASION OE UNITED TRIBES. About the year 1836, a large body of natives, said to be 2000 — Ngatiawa, Ngatiruanui.Taranaki, Puketapu, Ngarauru, Ngatitama, Ngatimutunga, &c — came down to attack tho Ngatiraukawa, who were then living at Otaki, and their allies tho Ngatitoa. At Koputara on the disputed block they foolishly killed three Ngatiapas. On this Te Hakeko offered Te Whatanui to give him his assistance, and a full roconpiliation and alliance followed between the two tribes. They were joined by Te Rauparaha and about forty of his followers, the remainder of tho Ngotitoa having joined the invaders. Three great battles were fought, one at Haowhonua, at the mouth of tho Otaki river, the other two lower down. Although the precise issue of these battles is variously stated by tho different tribes who were engaged in them, all are agreed in stating that tho general result was tho cementing of a firm and friendly alliance between Ngatiraukawa nnd Ngatiapa. Another result of it waa that by the independent BUpport which they gave to Te Rauparaha — acting not as slaves, but as independent allies — both of these tribes regained any amount of " mana" which they. might have lost by the course of previous events, and during a period when the Ngatitoa claimed a paramount position on the West Coast. There was never afterwards any fighting between these three tribes. After the invision was repelled, Nepia Taratoa (Ngatiraukawa), who had struck up a great .alliance with Te Hakeko, father of KawanaHunia said to him, " Friend, I will follow in your wake, because wo are now friends. I will go to Rangitikei, taking my wife and children, because this (Otaki, &c) is fighting land." Hakeke said " The thought is with you." Ten days after that twenty Ngatiraukawas went to Rangitikei under Nepia, and proceeded to Te Reureu, where Hakeko'e pa was. Turangapito (Ngatiapa) wished to attack them, bub Hakeke protected them saying " I have made peace with To Whatanui — these men arc under my protection." About two years after that, Ngatikauwhata, under To Whata (Tapa's father), went and settled at Oroua, by consent of Ngatiapa. The latter never consented to their occupying the whole district. They gave them permission to occupy particular spots, and catch eels in a Like called Rotomai. Tho Ngatiraukawa did not encroach on Himatangi til about 1841-42. Up to and in 1840, the Ngatiapas were living in force on Himatangi, and Ngatiraukawa at Opiki on the south bank. They know nothing of the date of the treaty of Waitangi, but they know this was the state of things in the year after the great fight of Kuititanga, which occurred on Waikanae beach at the time of the arrival of Colonel Wakofield. Hapurona saw that fight, and saw the pakeha doctor land and attend tho wounded. The year after that fight the status of the tribes on the disputed block was as described. During all this time there was never any taking possession by Ngatiraukawas or Ngatitoas of the land between Manawatu and Rangitikei, except to the limited extent mentioned. Archdeacon Hadfield and other witnesses who describe tho Ngatiraukawa as dominating over that territory in 1840 either mistake the dates altogether or toll what is false. V. INDEPENDENCE OF NGATIAPA. Evidence will bo given of the independence, tribal and territorial, of the Ngatiapas in 1840, and subsequently. Tho following facts will be shown :— That in 1840 they signed the treaty of Waitangi, at Oahuru, in tho disputed blook, receiving tho customary blankets. Hunia Te Hakeke, who is now in court, saw his father sign ; Hamuera and Mohi Mohi, both of whom aro still living, and will como forward to

; giro evidence of the fact, signed the treaty and i. received each of them the blanket, which has - been described by some of the natives as " paye menfc for fcheir namo," and by others as " a pledge of the Queen's arolia." Other Ngatiapa chiefs - who are since dead — Turatigapito, Rawiri and j others— signed that treaty. The Kov. Mr Wil--1 Hums found them at Oahuru, a fighting pa in the 1 Lako Kuikokopu — a place which, when asked , about, Archdeacon Hadfiold and other witnesses ; did not know to exist. The Rangitane did not - sign because they were far inland, and Mr Wili Hums did not bring his blankets to them. Much ha 3 been made of the Ngatiraukawas 3 possessing Ngatiapa slaves. The Ngatiapa also 1 possessed Ngatiraukawa slaves, so did the Ngatikahungunu. Attempts have been made to shew that by ! mutual agreement the Ngatiapa wero at least at s the time of Mr McLean's purchase of North Rans gitikei, limited to the north of that river, and • pledged themselves not to interfere with the lands to the south of it. Oral evidence, in any quantity, [ will be given to disprove thi3, and in addition two [ of Mr McLean's reports made at that time will be I laid before the Court. In one of these, addressed i to myself, as New Zealand Company's principal i agent, ho expressly states that the Ngatiapas have claims on the south, specific and well defined, and in the other, lie records the agreement arrived at by a largo meeting, that all the claims put in at that meeting should be held valid — among these, or rather these solely being claims by the Ngutiapa to a variety of places on the block lying between the Rangitikei nn£ j Manawatu rivers. I need hardly refer to the high position which Mr McLean holds as an authority on questions of this kind. That gentleman was engaged on behalf of the Government in the negotiations for the purchaseof the North Rangitikei block, and in the letters which I have just quoted, we have his last dictum on the- quection of the Ngatiapa claims— or, I should rather say, the fathful record of the agreement unanimously come to by the tribes concerned, at the great meeting, when this question was finally settled. At that meeting the Ngatiraukawa publicly assented to the claims put forward by the Ngatiapa — claims extending from the Rungitikei almost to the Manawatu rivers. VI. LEASES. We have heard from the witnesses on the other side, of three leases, in which the Ngatiraukawa took part. As I shall be prepared to show the Court, these leases cannot be accepted as an altogether safe or reliable test of ownership. I shall, however, bo able to inform the Court of some six of sevon of these leases, comprising large districts within the purchased block, some of them negotiated by Ngatiapas alone, others by Ngatiraukawa and Ngatiapa jointly, and others in which the Rangitane hare a share. VII. niMATANGI CLAIM. I now come to the consideration of the specific claim which is the subject of the present-investi-gation. I will endeavor to show how a section of tho Ngatiraukawa succeeded by degrees in obtaining a footing at Hiisatangi, and the extent to winch they havo established any claim to that land. At tho time of the Kuititangi battle (1839), Mateno Te Matuku, a chief of the Ngatiapa, was located at Hiruatangi with a number of his people. They had made clearings in tho bush, and were cultivating the ground. At that period the Ngatiraukawa were occupying Opiki and other settlements on the south bank of the Manawatu, but neither lived on nor asserted any claim to Hiinatangi. About 1841-42, when Mr Cook, of Manawatu, encouraged a trade in native flax, a party of Ngatiraukawa, belonging to the Ngatiraukau liapu, crossed over from Opiki to Ahitana, on tho north bank, to cut flax. The Ngatiapa, being anxious not to interfere with Mr Cook's commercial operations, did not in any way molest this party of Ngatiraukawa flax-cutters. In a short time, however, they commenced to erect huts in the Himatangi bush, for occasional ] use when catching birds. These huts were of the j simplest construction — mere loetoe shelters — but so jealous were the Ngatiapa of anything in the nature of an act of ownership, that they were immediately set on fire by Matene Te Matuku as an aswtion of his claim to the land. On several subsequent occasions, the Ngatiapa finding huts at Himatangi belonging to the Ngatiraukawa, burnt them to the ground. About tho year 1847, Kawana Hunia, a chief of the Ngatiapa, demanded payment from Mr Robinson and Dr Best, of Manawatu, for the trespass of their cattle on Himatangi. He received £10, and on the following year £16, by way of compensation. The Ngatirnuknwji neither sought nor obtained any payment at that period. Nepia Taratoa, who was receiving at the same time trespass money for adjoining land, concurred in tho justness of Hunia's demand. A dispute afterwards arose between two sections of the Ngatiapa, represented by Kawana Hunia and Matene Te Matuku respectively, as to the ownership of Himatangi. The old Ngatiapa chief to whom this matter was referred decided in favor of Matene. In the lease which was negotiated with Mr Robinson in 1861, Matene Te Matuku'a namo appears as principal lessor, although Kawana Hunia arranged the tonns. The Rangitane also have claims in tho Himatangi, and they havo never ceased to assert these claims. I will give an example of this. A great deal was said on tho other side about a certain lease to Mr Skipwith of land at Himatangi as a sheep run. That Skipwith's sheep were placed I on Himatangi under an arrangement with Te Raotea, the Ngatiraukawa chief, is perfectly true. | That the sheep were allowed to remain there is wholly denied. As soon as Te Aweawe, chief of Rangitikei, heard of it, he sent a party of men down to order tho sheep off. The European, who was in charge of them remonstrated, saving that ho had obtained tho consent of Ngatiraukau. The Rangitane men replied, " The land is oura. Remove your sheep, or we shall kill and eat them." The sheep were accordingly removed. About the year 1844 or 1845, tho Ngatiraukawa commenced to cultivate land at Himatangi. To Raotea's hapu (Ngatiraukau) and Ihakava's hapu (To Patukohuru) cultivated jointly. The cultivations were of very small extent and only a few people lived there. Through the friendly intervention of Te Whefu and Te Whata (Ngatikauwhata chiefs) this location at Himatangi was not interfered with by tho Rangitane and Ngatiapa. About tho same period (1845 >, the Ngatikupokoiri, a section of the Ngatikuhungunu, who had for several yonrs been occupying and cultivating land (near Pakingahau) in the Hima«angi block, voluntarily migrated to Hawke's Bay, leaving the Rangitane in possession of their unoxtinguished land clahn9 in this district. Karaitiana Takamoana, of Hawke's Buy, a chief of high rank and of very superior intelligence will give specific evidence on this head. The Ngatiraukawa cultivations wero on tho bnnks of the Manawatu river, and never extended more than a milo inland at the furthest. I shall produce in Court a map, now in preparation, showing the exact position and extent of these cultivations, both old and and recent. Tho Court will find that they have been confined to the river margin of the Himatangi block. That the three Ngatiraukawa hapus ha\e exercised certain undefined rights over the inland portion of the block, is not denied — rights of a kind that cannot perhaps be described better than by our word " commonnge " Thoy havo roamed over it to look for birds or to catch eels ; and when Europeans came up seeking runs for their sheep and cattle, they became parties to contracts or leases for the grazing of stock. Th| Ngatiapa have continued to exercise undisputed acts of ownership up to the present time — Biich as catching eels, snaring birds, digging fernvoot, and killing pigs. I might give the names of a large number of col ponds of which they retain possession, and to which they are accustomed to resort to the present day. The Rangitane also havo continued to exercise the customary acts of ownership, and can point to their eel ponds and fern grounds in the Himatangi block, of which they have never been dispossessed. Now with rogard to tho boundaries, respecting which there has boon so much positive swearing

I on the other side. The boundary fixed by Mr s Williams, in 1818, to put an end to a local dispute between the Ngatikauwhata and Ngatirakau 5 is admitted. But (lie extension of the boundary j inland is entirely repudiated by the Eangitane I and Ngatiapa. The first occasion on -which any • boundary posts were detected by these tribes was j in 1866, shortly after the Takapu meeting, when I they were instantly torn down and burnt. Some s years previously Matene To Matuku (the Ngati- ; apa chief) finding what appeared like a boundary • mark at Otekura carefully pulled it up and burnt it as an assertion of his claim to* the land. After j the completion of the purchase a further attempt > to set up boundary posts on the Whitera-Paepae . line was opposed by the Ngatiapa, who at length desisted on receiving an assurance from the Com- ' missioner that the setting up of these posts would ; in no way prejudice their case. The next piece of evidence which I shall lay [ before the Court will, I think, amaze it, as I coni fess it amazed me when it came to my knowledge. , The Court has heard witness after witness on the i other Bide, including Parakaia himself and the . other church officers, declare on oath with the [ most positive assurance, that no other man or [ hapu had any claim to Hitnitangi. but Parakaia i and the other co-claimants. The Court will no doubt be astonished when I lay before it the record of proceedings in the Supreme Court, taken only in December, 1866, in which Parakaia asserts, and no doubt confirmed it by affidavit, that Himitangi belonged jointly to him and Nepia Taratoa, apparently in equal shares. Taratoa was a man of a different Jiapu, and at that time a dissentient, though ho has since sold ; and now Parakaia and all his witnesses swear in this Court to an entirely different state of affairs ! Cerl am passages from reports of Mr McLean will be laid before tho Court to show how that experienced officer dealt with cases of tribal title analagous to tho present, involving the interests of sorno of tho principal tribes concerned in this case. And, lastly, in order to enable tho Court to appreciate the indefatigable exertions made by the Commissioner during a period of upwards of threo years, completely to extinguish the title of the natives in tho Manawatu-Rangitikei block, and to enable tho agent on the other side to establish if he can the insinuations and statements which he has so long scattered broadcast through the colony, I will put in evidence Dr. Featherston's reports to tho General Government, and ' place that gentleman in the witness box to affirm on oath their substantial truth. The Court then adjourned for two hours. On resuming, the counsel for the Crown called, as his first witness, Tamihana To Rauparaha (son of the late To Rauparaha), whose examination occupied the rest of the day.