Thursday, 16th Aphil.

Wellington Independent, Volume XXII, Issue 2669, 18 April 1868, Page 5

Thursday, 16th Aphil.

The reading of the concluding part of the printed reports occupied about an hour. The counsel for the Crown thon put Mr Walter Bullerin the witness box to prove documents which ho desired to put in evidence. The witness said : — I remember the Kohimaraina Conference (at Auckland) in 1861. I was engaged as Official Secretary io that Conference and took notes of the proceedings. I was at that time Editor of the Maori Messenger, a paper published by the Government. I am responsible for the minutes of the Kohimarama Conference which appeared in that journal. I can swear to the printed copy now produced, as being authentic. [Certain passages from that publication, relating to tho treaty of Waitangi were then read, the counsel for the Crown explaining that he intended to refer to them in his closing speech.] Tho witness then put in a tracing of the sketch, survey of the Himatangi block, showing approximately the position of tho numerous eel-lagoons referred to in evidence, and stated that it had been prepared by himself with the assistanco of two native chiefs, Peeti Te Aweano and Matene To Matuku. The President of the Court having asked Mr Williams if ho wislied to cross-examine Mr Buller, quoted (from his pamphlet) an extract from one of Mr Buller's reports to tho Government dated Dec. 81, 1862, and asked whether ho had written it. Tho witness submitted that the whole of the report iu question ought to be laid before the Court— that it was uufair to wrest a paragraph from its context (as had been done in tho pamphlet) in order to make it favor any particular view. He stated, howevez", that the report in question, which did not profess to give any precise information on the subject o( tho tribal title, was written with a Aery imperfect knowledge of she real facts. At that time he hud only recently been iippointed to tho district as Resident Magistrate, and had not had occasion to investigate the nalivo title. It was not till about threo years later that he was detached for special service in the Land Purchaso Department, and hftd made these questions hia study. The view of the tribal status given in that report, was derived chiefly from information received at the time from Archdeacon Hadfieid. Tho counsel for the Crown then called His Honor Dr Featherston, who ga\e tho following evidence : Somo of tho nopioa of native leases which I now put in, were handed to me by

tho runholders, others by the native lessors. I had, in the courao of my official duty, stopped the payment of rents, and was thus brought into communication with tho natives interested in these leases. I believe these leases affect nearly tho whole, if not the whole of tho block recently sold to tho Crown. [Seven leases put in and received by the Court, subject to the agent for tho native claimants raising no objection.] Cross-examined by Mr Williams : I am not aware of any leases but those produced ; but I am not certain about it. When I went to Rangitikei in 1816, 1 was acting as Land Purchase Commissioner. 1 believe I was appointed some years previously. I don't recollect the exact date of my first letter of appointment. I first recoived an official letter empowering me to purchase land while I held the office of Superintendent. My actual commission was dated long subsequent to my first going to Rangitikei. When I first met the Ngatiraukawa in 1864, they absolutely refused to sell the land. They proposed on that occasion an arbitration of theirtitle, declaring at tho same time, that if tho decision wore adverse they would not abide by it. Tho Government did not investigate the title in ]864 I was aware at that time that tho Ngatiapa had sold tho land north of the Rangitikei river. I was not aware that the Nga- ' tiraukawa chiefs had, on that occasion told Mr McLean that they would hold on to this sido of Rangitikei for their own tribo. I produced Mr McLoan's reports which are now on the table of the Court. I never saw those reports till they •were given to mo by Mr Rolleston, a few weeks since. I have read those reports. Tho first intimation I rereived of the assent of Ngatiraukawa to tho sale wa9 whon the nine chiefs met me at the Lower Manawatu. They informed me subsequently that tho bulk of the tribe had conBontcd to the sale. Tho chiefs told me, on tho former occasion, "that the assent of tho people must bo obtained before the sale could bo effected. I impounded tho rents, with the consent of the threo tribes, to prevent fighting. They were to bo paid when the whole question of the purchaso was settled. The rents wore to be impounded so long as the tribes consented. It will bo seon from my reports that I consented to relenso the rents as soon as all the tribes could agroe. [Mr Williams then read an extract from one of Dr Feutherston's printed reports, to the effect that Kawana Hunia had openly declared that ho had saved the arms and ammunition served out to his tribe during General Chute's campaign, and that ho was fully prepared for a fight with the Ngatiraukawa. He then put the following question to the witness : "" Did ym not supply those arms and ammunition ?"] The Government supplied those arms and ammunition to Kawana Hunia arid his people when they accompanied General Chute to tho West Coast. They supplied all the natives who accompanied that expedition. I had no instructions whatever from the Native Minister. I was simply requested to settle the disputo. The whole matter was placed in my hands for adjustment, in tho best way 1 could. I did" receive a letter from tho Government dated May 3, 1866, signed "T, M. ' Maultain, in the absence of the Native Minister." I heard precisely the same history of the Manawatu cnee, us you have heard in the Court, and, so far, I did "duly investigate" tho tribal title. I investigated the history of the block, and the nature of the- tribal claims. I did not attempt to investigate "individual claims." I knew tho nature of some of the hupu claims — for example : those of the Ngatikauwhata and Paruknin's hapu. X did not ask the sellers to point out (heir pieces of land. I believe I have boen to every settlement on the purchased block frequently, with the exception of Te Reureu in the Upper Rangitikei. I have frequently ridden across the Himatnngi block, betweon Moutoa and Pukotolara. I was not aware that the Ngatiraukawa were solely in occupation of that land. I knew that Pnrnkaia and his hapu wero claiming that land. I don't know when Ngatiraukawa first resided fit Himatangi beyond what I have heard in this Court. I don't know whon tha Ngatiapa ceased to cull •< vate there. I made no inquiries on tho subject 'prior to the purchase. When I paid tho Raiigi-tikei-Manawatu purchaso money, I had before me an analysis of the resident Ngatiraukawau who were objecting to the sale, and of those who had signed. I don't remember the precise number, but I think there were from 30 to 50. My information was derived from Mr Buller. I have heard of Parakaia's hapu, the Ngatirakau. I never heard of Parakaia as a chief. On the contrary, I have hoard tho assertion constantly denied by Ngatiraukawa chiefs. Tory few of the dissentient's wcro at the Parawenui meeting. Some few came in about ten days after the money was paid. I have frequently met the whole of tho dissentients. I did not negotiate the purchase of the Ahuaturanga block. But I iixed tho price and paid the money for it. Ngatiraukawa did not join in that sale. Tho Rangitane sold that block. It contains 250,000 acres. I nevor hoard that the Ngatiraukawa had consented to that snle, to enable tho Rangitane to sell. I don't think I ever read Mr Searancke's reports on tho subject. There was no necessity for that, as \ the boundaries had been surveyed and tho salo I agreed to, subject to price. The Ngatiloa had, to < a°cerLain extent, defeated tho Ngatiapa; and their j title to tho Rangitikei-Manawatu land was ad- l ( mitted, to some extent, by tho Ngatiapa, at my first meeting with them. The Ngatiapa agrocd that tho Ngatiawa had a claim to the block, and should bo permitted to join in tho salo. Other tribes whom I regarded as i emote claimants wero allowed to sign the deed of salo at the request of tho Ngatiapa. I consider that all that land belonged to Ngatiapa. It was theirs by inheritance, and they have never been dispossessed of it. I' believe that tho Ngatiraukawa occupied it by sufferance, of tho Ngatiapa. I have heard all the tribes with whom I have been in communication assert this. I have heard oven Ihakara, of the Ngatiraukawa say that tho land belonged to Ngatiapa. I have heard it stated that tho Ngatiraukawa had Ngatiapa slaves, and I have as ofton heard it denied by the Ngatiapa chiefs. It was suggested by some of tho dissentients at the Takapii meeting that the land should be partitioned by survey. Bub it is very well known that no surveyor would have been allowed to put foot on that ground. He would have been driven off by the Ngatiapa. Ido not believe that the Government would have been in a position to enforce any su>vey against the will of tho Ngatiapa. I have already said that I did not supply arms and ammunition to the Ngatiapa. But they were largely Bupplied during General Chuto's campaign, and there can bo no doubt hut that this materially added to their strength. I did not hear that Parakia had completed his survey at Himatangi before the payment of tho purchase money. The Government asked mo to prevont any surveyor going upon the land. I havo heard that the dissentients have put in boundary posts all over the purchased block. I havo also heard that these posts havo been torn up by tho Ngatiapa. Mr Swainson would not havo been permitted by the Ngatiapa to complete his recent survey but for my interference. Mr Swainson wrote mo officially that tho Ngatiapa had knotked down his poles and wero obstructing his work. I at once held a meeting with the Ngatiapa and urged them not to molest Mr Swainson, but to lot him survey tho whole block if he wished to. I have seen Major Edward's letter to tho Native Minister reporting that Parakaia's survey had been completed. I did not see that letter till it wns in print.. I heard Kawana Hunia threaten at the Pnrcwanui meeting that if tho purchase was not completed ho would attack the Ngatiraukawa and drive them off the land. I did hand over a sum of £15,000 to Kawana Hunia and Aperahama Tipoe, for the Ngatiapa and tho tribes claiming through them. Tho presentation of tho ring to Kawana Hunia wa3madoiifimcdiatcly before tho payment of the purchase money, I hand in an analysis prepared by Mr Buller, shewing the l'cspective number of Ngatiraukawa, resident and non-resident, who have signed tho deed, and of resident Ngatiraukawa who havo not signed. The Court then adjourned for ono hour. On resuming, tho counsel for tho Crown put Mr Walter Buller hi the witness-box to

prove the analysis of the Ngatiraukawa sellers and non-sellers, put in by Dr Featheraton, and to show how ho obtained the information. The witness stated that he had prepared it with the assistance of four Ngatiraukawa chiefs — Horomona Toremi, Tapa To Whata, Wi Pukapuka, and Ihakara Tukumaru. [The analysis shows the following results : — There are 1695 signatures to the deed of cession. 329 Ngatirakawa have signed the deed, of whom 126 are resident claimants. 65 resident claimants have not signed.] The next "witness called was Charles Reed : I am a licensed surveyor. I Lave prepared a plan which eliows the whole of the actual cultivations on tho Himatangi river bank, as well as the places which the natives assured mo had formerly been under cultivation. In many places, however, I could find no trace whatever of extinct cultivations. Tho present cultivations do not exceed -twonty acres. According to tho -showing of the natives, the extinct; cultivations comprise about one hundred acres — making altogether one hundred acres of cultivations, old and recent. In laying down tho former, I was guided entirely by the natives. In two places only, I found traces of former cultivation. The natives assured me that they had not cultivated elsewhere within the boundaries indicated on the plan. I saw Papakiri. There were eight or ten houses there, but none either above or below it. My surrey is a i sketch one. Cross-examined by Mr Williams : I have been over the Himatangi block in all directions. I did not see any indications of extinct cultivations inland of the line "A to B," on tho plan produced. [Plan put in.] By Mr Fox : I asked the natives to show me | the whole of their extinct cultivations. They undertook to do so, and I believe they did. By tho Court : I think about 400 acres of the land within the lino " A to B," is available for present cultivation. I don't think more than one fourth of tho rest of tho Himatangi block is fit for cultivation. There is a bolt of very good land, along the river bank, extending back from 10 to 20 chains. The rest of the land is sandy and swampy, and is only suitable for sheep runs. The Court rose at 5 p.m.