Page image
Page image
Page image
Page image
Page image
Page image
Page image
Page image
Page image
Page image
Page image
Page image
Page image
Page image
Page image
Page image
Page image
Page image
Page image
Page image

Pages 1-20 of 33

Pages 1-20 of 33

Page image
Page image
Page image
Page image
Page image
Page image
Page image
Page image
Page image
Page image
Page image
Page image
Page image
Page image
Page image
Page image
Page image
Page image
Page image
Page image

Pages 1-20 of 33

Pages 1-20 of 33

G.—3.

1873. NEW ZEALAND.

REPORT FROM MR. JAMES MACKAY, JUN.

Presented to both Houses of the General Assembly by command of His Excellency. Mr. James Mackay, Junr., to the Hon. the Native Minister. Sir,— Cambridge, 10th July, 1873. I have the honor to inform you that in compliance with the request of the Honourable Mr. Vogel and the Honourable Dr. Pollen, I proceeded to Waikato on the 26th April last, to inquire into the circumstances of the murder of a man named Timothy Sullivan, on the Pukekura block, near Cambridge. I arrived at Cambridge on the evening of the 27th, and at once instituted inquiries about the murder and the causes which led to it. In order to properly understand the question, it will be necessary for me to draw attention to proceedings about the lands of the Ngatihaua tribe, and certain overt acts committed by the Hauhau portion of them, antecedent to the date of the murder of Timothy Sullivan. Prior to the Taranaki war in 1860, the Ngatihaua tribe numbered from six to seven hundred fighting men ; of these only about seventy under the chiefs Te Eaihi and Hakiriwhi Purewa remained loyal after the commencement of hostilities in 1863 ; the others, led by Wiremu Tamihana Tarapipipi (William Thompson) and other influential chiefs, joined in the rebellion. At that period the landed estate of the tribe may be fairly estimated at four hundred thousand acres. Of this they lost by confiscation under " The New Zealand Settlements Act," about one hundred and fifty thousand acres, of the remainder one hundred and fifty-eight thousand seven hundred and forty-five acres have been alienated either by sale or lease to Europeans, leaving a balance in their possession of ninety thousand nine hundred and sixty-five acres, of which about fifty thousand acres are claimed by the Ngatitunerangi hapu, who are now hostile to Ngatihaua, leaving about forty thousand acres for the Ngatihaua proper. In addition to the above, the loyal portion of the tribe received out of confiscated lands fifteen thousand acres of very valuable land at Tamahere, and the rebels who surrendered had ten thousand acres reserved for them at Tauwhare, adjacent to that place. The alienation of lands to Europeans was in some instances sanctioned by William Thompson and other influential chiefs, but as a general rule the loyal Natives were the vendors or lessors of the tribal estate. The Ngatihaua as a people are addicted to drunkenness and are great spendthrifts, the consequence is that of the fifteen thousand acres at Tamahere awarded to them by the Compensation Court in 1867, about twelve thousand acres have been conveyed in fee simple to European settlers ; and although, as before shown, the undisputed tribal estate now held by the Hauhau division of the tribe is only about forty thousand acres, the loyal Natives urge their claims to it also. The result of these proceedings is that a bad feeling has been engendered between the Hauhaus and friendly people of the tribe. The present strength of the Hauhaus of Ngatihaua is about one hundred and seventy fighting men, and of the friendly portion (including surrendered rebels) about one hundred men, of whom the last-mentioned have received land within the confiscated district, from which those who have stood aloof are debarred from participating in. Having thus sketched the former, and present position of the Ngatihaua tribe, it will be desirable for the future to confine my comments to the Maungatautari, Pukekura, and Puahue blocks, and the various proceedings taken about these, and the acts of the hostile portion of the tribe with respect to them. About 1866, Captain fnow Major) Wilson, of Cambridge, entered into arrangements for leasing the Pukekura and Puahue blocks from the friendly portion of the Ngatihaua tribe, and Mr. Hamlin negotiated for a lease of the Maungatautari block. Mr. E. E. M. Campbell was engaged to survey the whole of these, and, according to his evidence subsequently given in the Native Land Court, he met with no opposition in surveying, except in the case of Pukekura, where Te Tumu and Mohi (Hori te Tumu, and Mohi Purukutu, the murderers of Sullivan) objected—the former "to the survey of the internal divisions of the block, and the latter, because the block was outside tho Government boundary " (confiscated line). (Vide Evidence, Pukekura case, Enclosure A). The surveys being completed, a sitting of the Native Land Court was duly gazetted to be held at Cambridge on the 17th October, 1866, to investigate the title to the Maungatautari block. The Court sat, Chief Judge Penton presiding, and Hetaraka Nere, and Henri Matini, assisting as Native Assessors. A complaint had been forwarded ome (I was then Civil Commissioner) that certain Ngatiraukawa and Arawa counter-claimants had

G.—3

2

been stopped on their way by Hauhaus, and prevented from attending the sitting of the Court. I instructed Mr. Mainwaring, then Resident Magistrate of the district, to attend and ask for an adjournment, which was at once granted by Mr. Eenton. (Vide Evidence, Maungatautari case, Enclosure B.) Tho Court sat again on the 20th November, 1867, to hear the claims to the Maungatautari, Pukekura, and Puahue blocks, Judge Eogan presiding, assisted by Hare Wirikake, and Hone Mohi Tawhai, Native Assessors. At the request of Parakaia Te Pouepa, the representative of the Ngatiraukawa counter claimants, all the cases were adjourned, and the Court did not resume its sitting until 3rd November, 1868, of which due notice was previously given in the Government Gazette. The Natives who attended were chiefly either of the friendly, or surrendered rebel class, and a few Hauhaus, equally mistrusted by the Queen and rebel Natives. The principal features of tho three eases were the claims set up by the Ngatiraukawa tribe, to the whole of the lands ; but on the 7th November, 1868, Parakaia Te Pouepa, acting on their behalf, withdrew their claims on the Maungatautari and Pukekura blocks, in favor of Ngatihaua; he, however, refused to renounce the Puahue block. (Vide Enclosure A). The Court finally gave judgment on the 9th November, 1868, in favor of the Ngatihaua claimants for the three pieces, (fide Enclosure B). The certificate of title for the Maungatautari block, containing five thousand four hundred and ninety-one acres was ordered to be issued to AVaata Parakaia, Ihaia Tioriori, Te Eaihi, Te Hakiriwhi, Hote te Waharoa, Tana te AVaharoa, Hareta to AVaharoa, Aperahama Tuterangipouri, Piripi Whanatangi, Nepia Maiino, Aramete te Waharoa, Teni Ponui, Irihia te Kaae, Eeonc, and Tarika te Hura (fifteen in number). As the Ngatihaua could not agree among themselves about the proper names to be inserted in the certificate for Maungatautari, the Court, on the 16th November, 1868, adjourned the case. The Court sat again on 17th December, 1869, and adjourned until 18th April, 1871, when the Maungatautari case was finally disposed of by Judge Monro, and Hori Kukutai, Native Assessor, by dividing the block into two pieces. A certificate of title for Maungatautari, No. 1, was ordered in favor of Te Waati Tahi, Parakaia, Tuterangipouri, Piripi te Whanatangi, Tamati Turou, To Eaihi, Teni Ponui, Piripi te Matewha, Matene Pototo, Te Eapati Mohi (ten in number), and the land to be inalienable except by lease, not exceeding twenty-one years. (Fide Enclosure B). The certificate for Maungatautari, No. 2, was in favor of Hakiriwhi te Purewa, Ihaia Tioriori, Eeone Taware, Nepia Marino, Tana te Waharoa, Hote Tamihana, Hareta Tamihana, Tarika te Hura, Eihia to Kauae, and Eruera te Ngahuru (ten in number), subject to the same restriction, as to alienation, as Maungatautari No. 1. Tana te Waharoa, Hote te AVaharoa, and Hareta Tamihana, are the only representatives of the Hauhau division of Ngatihaua, in the certificates, the others are either friendly Natives or ex-rebels. Judgment was delivered in the cases of the Pukekura and Puhue blocks, on the 9th November, IS6S, by Judge Eogan. The certificate of title for Pukekura block, containing eight thousand three hundred and ninety-three acres, was ordered in favor of Te Eaihi, Piripi Whanatangi, Horomona, Hakiriwhi, Irihia, Hori Wirihana, Hemi Kokako, Parakaia Te Koroko, Maihi Karaka, Te AVaata te Eeweti, Te Hura, Te Ngirangira, Huka, Te AVaaka Ngai, Meretana, Hori Puaoa, Hareta Tamihana, Eeone, AViremu te Whitu, Ihaia Tioriori, Aperahama Tuterangipouri, Nepia Marino, Te Teira to Kono, Hone te One, and Teni Ponui (twenty-six in number), the whole of whom, with tho exception of Hareta Tamihana, may be classed as either friendly Natives or surrendered rebels. The " Certificate of Title " for the Puahue block, containing eight thousand six hundred aud twelve acres, was ordered iv favor of Te Eeweti Waikato, Penetana, AVinikerei, Hoani Pakura, AViniata, Hori Puao, Makerete Mete, Mata Kaora, Hori AVaru, Henare Ngai, Netana Kewene, Whakataha, Mere Tana, Hori AVirihana, Huka, Wi Huka, Wi te Whitu, Te AVaata, Tarika te Hura, Aperahama Tuterangipouri, Hone te One, Hori Pohi Pohi, Matenga, Aterea, Motukoura, and Piripi Whanatangi, (twenty-five in number.) Ido not know ihe exact proportion of Hauhau names in the certificate for Puahue, but consider there are about one-third of that class. On the 12th November, IS6B, the Court sat in the matter of the Pukekura and Puahue cases, for the purpose of ascertaining the ten persons who should be entered in the certificate of title, to hold the land in trust for the persons who had been decided by tho Court to be the owners according to Native custom. Letters were read which were handed in by the claimants containing a list of the names required for that purpose. In the Pukekura case, it was ordered that a Crown Grant should be issued to Te Waata Tahi, Hareta Tamihana, Eeweti Waikato, Hakiriwhi, Hori Puao, Pirihi Whanatangi, Hemi Kokako, AViremu to AVhitu, Pirihi, and Hori Wirihana (ten in number) in trust for themselves and the other persons acknowledged as owners and mentioned as such in the judgment delivered on the 9th November, 1868. There was no opposition to this by any of the claimants. In the Puahue case, the Court on application of the Natives mentioned in the order of the 9th November, 1868, ordered that a Crown Grant should be issued to Te Eeweti AVaikato, Hori Pohepohe, Hori Wirihana, Tarika te Hura, Hoani Pakura, Mata Kaora, Winikerei, AViniata, Aramete te AVaharoa, and Eopata Te Ao, (ten in number) in trust for the persons who had been declared owners on the 9th November, 1868. This did not however complete the proceedings in the Native Laud Court, in the Pukekura and Puahue cases, it having been found that a Crown Grant with a trust clause could not be issued under "The Native Lands Act." (Vide Enclosures A. and B). The Court sat again on the 16th December, 1869, and the ten persons before named, in each case, were selected for the Crown Grants, and the land was made inalienable except by lease not exceeding twenty-one years. The effect of this was to give the persons named as grantees, the right to lease the land, and use the rents of it. The grants as thus issued are entirely in favour of the loyal portion of the claimants. There was a large amount of evidence given in the Court ( Vide Enclosure) that there were a number of Natives who had claims to the land living with the King party at Tokangamutu, but at the same time some persons calling themselves Hauhaus appeared in Court and said " they were willing that the land should be granted to the friendly Natives, and the Hauhaus had given up all claim to it." Te Eewiti Waikato, in his evidence on the Puahue case, says, "he belongs to Ngatihaua, Ngatiruru, Ngatikoura, and Te Werokoko (hapus). There are a number of persons who are living with the King who have a I—G. 3.

3

G—3.

claim in this block." Afterwards he says, "I am the only person of the three hapus I have mentioned (Ngatiruru, Ngatikoura, and Te AVerokoko), the rest are among the King Natives. They have heard of the survey: it has been done two years. They have said that ' I should carry the case through the Court.' Their word is ' Mau tau mahi,' (you may do your own work)" —a very ambiguous phrase. " I sent them word of the investigation, and they agreed that I should carry the case into the Court.' Waata Tahi, another Ngatihaua claimant, says : —■' I have heard Te Reweti's statement; it is correct. The whole of the hapu mentioned by Te Eeweti own this land. The absent claimants are away with the King; they have consented to the investigation of this land; they have made this statement themselves to us. There are a hundred men in all who have claims to this land. The King's party have given the land over to us. Hoani Pakura, one of the Ngatiapakura claimants, says—" Most of Ngatiapakura are here (about thirty), the rest are with the King (about twenty). We have informed them of our intention to have the land investigated, and they made no objection." AVinikerei, of Ngatiapakura, also says —" Some of our hapu are with the King ; they have come to us and we have spoken to them about the land ; their word was ' Mau atu tau ' (yours is for you). This is an assent on their part (query). They intend to remain inland, and have left the land in our possession." Penetana, another of Ngatiapakura, says—" I have come from the King's party; I arrived here on the 25th October : I have lived with the King Natives, and have just returned ; their word was, ' Haere hei whakatika ito ratou korero' (go to confirm their evidence—Queen Natives). I have now come into Court; I assent to what has been said by the former witnesses. The King Natives do not wish to have anything to do with this land ; they have sent me to ' whakatika' (put straight or confirm) the land for the claimants in Court. I shall stay here and then go backwards and forwards to the King Natives." Aperahama Tuterangipouri, of Ngatihaua, says —" Some of the claimants are with the Hauhaus; lam a Queen Native, 'He aha maku te Hauhau' (what are the Hauhaus to me). I have heard that the Hauhaus are unwilling that we should lease land all over the island. There are a great number of owners to this land amongst tha Hauhaus ; they are more numerous than we are." Tarika te Hura confirms Eewiti AVaikato's statement. Hori Puao says —" There are persons among the King Natives who could dispute the lease, but they have sent word to Te Eeweti, ' Mau ano tau mahi' (It is for you to do your work). This is an assent (very doubtful). I have heard what Eeweti has said —it is correct." AViniata says—" 1 did not hear of any objections made by Ngatiapakura, on the King's side ; I have heard what Te Eeweti has said—it is correct." Wi Huka says—" Ngatihaua, and all the hapus mentioned, have a claim on this land; I do not recognise any other claim." Parakaia te Ponepa, of Ngatiraukawa, on the 7th November, 1868, (vide Enclosure C.) iv withdrawing the claims of Ngatiraukawa to Pukekura and Maungatautari in favor of the resident claimants (Ngatihaua), said that "he wished the investigation of Puahue should be closed, as some of the owners were King Natives, and he wished to ascertain their opinion towards Ngatiraukawa." I do not see that the Native Land Court could, according to the strict rules of law and evidence, have decided otherwise than was done in these cases, as it was not to be expected that the Judges could ascertain the names of all the absentee Hauhaus ; but tho difficulty might, perhaps, have been overcome by the issue of tribal certificates. The only practical way to solve the difficulty, as the law at present stands, appears to be, for the grantees to apply to the Native Laud Court to sub-divide the property, thus cancel the Crown Grants issued for the blocks and have new grants made out in the names of the right persons. Soon after the Native Land Court gave its decision, Captain Wilson obtained leases of the Pukekura and Puahue blocks from the grantees, which he, on the 12th December, 1868, transferred to Messrs. Walker and Douglas. Those gentlemen shortly afterwards placed stock on the land, which were not at first molested by the Natives. On the 6th September, 1870, three head of cattle belonging to the lessees were shot at Maungatautari. On the 20th July, 1871, a hut situated near to Pukekura (but within the confiscated boundary), was burnt. On the 22nd, a bullock owned by the lessees was killed and carried away, and ten sheep were killed. The Natives drove about seventy head of cattle off the Puahue block on the 22nd July, 1871, and three were drowned in consequence. Two horses were stolen from a paddock at Maungatautaii on the 27th December, 1871. After this the Hauhau Natives under Mohi Purukutu, contented themselves with driving the cattle about on the run. A meeting of King Natives was held at Maungatautari on the 24th and 25th January, 1873, at which Hunia te Ngakau, the King's messenger, is reported to have told Major Mair "to have the cattle removed from the Pukekura, Puahue, and Maungatautari blocks."* At that meeting the so called law of the Maori King, that " the sale and lease of lands to Europeans should be stopped," was discussed, and confirmed. Mohi Purukutu had previously to this taken on himself the charge of the Aukati between Wharepapa and Otcwa, (a fact which came personally under my observation at AVharepapa, when I went to see Tawhiao in October last). He appears to have considered that the meeting at Maungatautari strengthened his hands in resisting Mr. Walker's occupation of the Pukekura block, for he immediately after associated with himself Hori te Tumu, Hone Waiti Paekauri, Pere Kapereira Poutururu, Paora Tuhua, AVira Tarawhati, Whina, Herewini Ngamuka, Parata te Ahuru, and Hohepa Motuiti. On the 25th February, 1873, James Laney and others were engaged in cutting a ditch near Eotorangi, on Mr. AValker's freehold land, inside the confiscated line, when Paora Tuhua and Pere Kapereira Poutururu, walked past them, and Paora Tuhua struck Laney on the head with a taiaha, inflicting a very severe wound. Laney and his companions seized the assailant, and although there were several of the " Armed Constabulary " cutting fascines in the neighbourhood, he was released and allowed to depart to his settlement. The success of the attack on Laney seems to have emboldened Mohi Purukutu and his band, for shortly afterwards they gave notice that three Europeans were to be killed, one as utu (payment or revenge) for tho Turangamoana (Firth's) lease ; one for the bridge at Te Niho ote Kiore, Waikato Eiver; and one for the Manukatutahi survey. At the same time they * Hunia Te Ngakau gave no such warning to Major Mair, nor to any other Government officer present at Maungatautari meeting.

G.-3

4

mentioned their particular desire was to capture and kill some of the friendly Natives who had been concerned in the sale and leasing of land. On the 23rd April, Parakaia Te Korau was searching after a missing horse at Pukekura, and was seized by Mohi Purukutu, Hori Te Tumu, and Herewini Ngamuka, who were armed with guns. He was taken to Te Koukou settlement, where he found seven other armed Natives —Paora Tuhua, Hohepa Motuiti, AVira Tarawhati, AVhina, Hone AVaiti Paokauri, Parata Te Ahuru, and Pere Poutururu. After interrogating him as to his participation in land sales or leases, and finding he had taken no part therein, they agreed to spare his life. They then went to Ngaho-ko-whitu, a settlement distant about one mile from Te Koukou; here they all remained until about midnight, when seven left, and Hone AVaiti Paekauri, Parata Te Ahuru, and Pere Poutururu, remained to guard Parakaia. The party were absent the next day aud night, and returned at day light on the 25th, saying, " that slaying had taken place." Parakaia was then released. From information received from other sources, it appears that on arriving at Te Koukou settlement Paora Tuhua, Wira Parawhati, and Hohepa Motuiti remained as a guard, and Mohi Purukutu, Hori Te Tumu, AVhina, and Herewine Ngamuku went on to search for Europeans to kill. They were aware that men were working for Mr. Walker, on the Pukekura block, and travelled by the track leading from Maungatatari to Pukekura. On reaching a point where the paths diverge to Pukekura and Moanatuatua, they saw a man, George Lloyd, driving a cart loaded with fascines. They then considered that there were probably other Europeans working at tho place to which the fascines were being carted, and allowed the cart to pass. The four then followed the dray track to a hill overlooking a swamp, where three men, Jones, Eogers, and Sullivan, were laying fascines, about three chains outside the boundary of the confiscated land. The men's attention was attracted to the Natives by a dog barking, and they at once agreed to abandon their work, and run towards Cambridge. After going some distance, Sullivan became exhausted from fatigue, and went into a small clump of manuka, where he was speedily discovered by Hori Te Turnu —and shot by Mohi Purukutu who came up at the time. Whina and Herewine Ngamuka, by direction of Mohi Purukutu, crossed to the north side of the swamp, with the intention of cutting off Jones and Eogers, but when they reached the boundary line the chase was discontinued. Mohi Purukutu and Hori Te Tumu then mutilated the body of Sullivan, and took away with them the head and heart, and his hat and waistcoat. Shortly after this Mr. Parker (a partner of Mr. AValkor) joined Lloyd, who was carting the fascines, and they proceeded together to the spot where the three men had been surprised by the Natives. They saw two Natives (Mohi Purukutu and Hori Te Tumu) on the opposite side of the swamp, and another coming down the dray track which they had just passed over. Discovering that the working party had left, they considered it advisablo to return also. They accordingly proceeded up the dray track towards the place where they had seen the Native walking. On arriving there, a man (Whina) jumped up from the fern and presented a fowling piece at Parker, at the same time pulling the trigger. The cap fortunately missed fire. Lloyd ran away, and Parker, after the Native had again endeavored to fire his gun and the cap had snapped a second time, put his horse to a gallop and escaped. In the meanwhile, Jones had reached Cambridge and gave the alarm. Major Clare, the officer commanding the Constabulary there, had only two men on the spot, the remainder of the force being employed working on the roads at some distance from the township. Major Clare and a party of settlers then went out and brought in the body of Sullivan, which they found mutilated, as before described. (Vide Enclosure D.) On the following day Mr. Searancke, the Coroner for the District, held an inquest on the body, (vide copy of Evidence at inquest, Enclosure E.) and a verdict of wilful murder was returned against Pere Poutururu, and three other Natives —names unknown, but one supposed to be Whira, and another named Paora. The finding of the jury has since been discovered to be incorrect, and that none of the persons mentioned in tho verdict were present at the time —-those concerned in the murder being Mohi Purukutu, Hori Te Tumu, Whina, and Herewine Ngamuka; tho two first mentioned actually killed Sullivan, and the two last assisted iv the chase after Sullivan and his companions. I arrived at Cambridge on the 27th April, and at once proceeded to collect information as to the actual perpetrators of the outrage, but it was the 16th May before I was in possession of the facts of tho case as hereinbefore relate I. On the 28th April, I went to the scene of the murder, accompanied by Major Clare, Messrs. AValker, Parker, Jones, and others, and made a sketch of the locality, showing tho points at which the various incidents took place. (Vide Sketch Map, Enclosure E.) I found that everything connected with the murder occurred on the leasehold land, outside the boundary of the lands confiscated under the New Zealand Settlements Act, excepting the attempt made by AVhina to shoot Parker, which was within the line. On the 29th April, a meeting of the Ngatihaua was held at Tamahere, at which Tana Te Waharoa, their principal chief, was present I demanded from him that " the murderers should be given up to be tried by the law ; if that was not complied with, that the tribe should stand aside and allow them to bo captured." He professed his willingness to do this, and I said that as the murderers belonged to his tribe he could give them up at once, and he must give me an answer in three days." On tho 30th April, I wrote to Tawhiao, Eewi, and Manuwhiri, as follows:—" I have come here at tho request of tho Government, to inquire about the murder. My proceedings are being carefully taken that peace may be maintained. My idea is, that the guilty should atone for his offence, and the innocent should dwell in peace and security. This is a question of mine to you —Are you not willing to express your opinion as to the persons who murdered the pakeha ? The reason I thus speak to you is that I wish to hasten some good arrangement for us, so that both our people (English and Maori) may live—lest the trouble increase for this unauthorised murder. My thought is that men should not be murdered. The objects which you wish to attain should be carefully considered by _s in peace." Complaints were at this time made by the Hauhau portion of the Natiraukawa tribe that

5

G.—3

their land was being surveyed by the friendly Natives without their consent, with the intention of leasing it to speculators, and threats were made that the surveyors would be attacked. Under these circumstances I suggested to the Government that the survey parties should be requested to discontinue their operations, and was at once authorised to take the necessary steps to withdraw them from the Ngatiraukawa District. Mr. Brissenden, Major Hay, and the persons who had entered into arrangements about the land agreed to stop the survey; and I feel much indebted to them for the manner in which they sacrificed their private interests for those of the public. As Native affairs were in a very unsatisfactory state, it was thought advisable to remove the Armed Constabulary from road work, and bring them towards the frontier, ready for any emergency. Colonel Lyon, the officer in command of the district, did all that laid in his power to secure the safety of the settlers, with the limited force (less than one hundred men) under his orders. On the Ist May, the friendly Ngatihaua chief Hakiriwhi te Purewa, returned from Te Kuiti. He reported that on the 29th April he met Hohepa Motuiti, and Hone Waiti Paekauri on their way back to Aratitaha from Maungamutu, where they had left Sullivan's heart, hat, and waistcoat, in front of Tiaho's (Princess Sophia's) house. He said that he had seen Tawhiao, and his.interview was of an unsatisfactory nature. Tawhiao excused the murder on the ground that he had forbidden all dealings with lands. Hakiriwhi pressed him to say what were his intentions about Purukutu, and he replied that " the question was for him to decide." The information received up to this time was to the effect that the Waikato tribes were very undecided as to the course to be pursued about the murder, and that Eewi and the Ngatimaniapoto tribe strongly disapproved of it. As no answer had been received to my letter to Tawhiao, Manuhiri, and Eewi, and the Government were desirous of obtaining, if possible, accurate information as to the state of affairs at Tokangamutu, I was asked if I had any objection to going there. I replied that "I was ready to go," and accordingly left Cambridge for Tokangamutu, via Alexandra, on the 4th May. On tho sth, I, accompanied by Hone te One, Native Assessor, AVarana, a Native policeman, and Eruera Hororiri, a Ngatihaua Hauhau, started from Alexandra for Tokangamutu. On reaching Mangarangi, we met Te Tuhi (Patara), the King's brother-in-law, who was on his way to Hauturu, to request Tawhiao to attend the meeting then being held at Tokangamutu. After the usual greeting, Hone te One said, " Tuhi, I am going to Te Kuiti (Tokangamutu) with Mackay." To which he replied (haere noa atu), " go, as a matter of course." In order to prevent any misunderstanding, I said, "Te Tuhi, do not be deceived about my going to Te Kuiti; lam not now journeying on my own account, but am in a different capacity to that in which I formerly went to Tawhiao, at Pekanui. I went then on my own account, now I am going for the Government, to deliver a message to Tawhiao, Manuhiri, and Eewi. After some private talk with Hone te One, he replied, " Go on, take no notice of any one, if any person tries to stop you, do not listen ;if any one invites you to stay at his place, do not hearken! Hone, go right on to Te Kuiti, and you and Mackay stop in the house you, Hone te One, recently occupied there." I may mention that on the same morning I had sent a messenger to Tawhiao with a letter, informing him that I was on my way to Te Kuiti. Te Tuhi arrived at Hauturu just after my letter reached Tawhiao, and told him that I was travelling to Te Kuiti with Hone te One, to which he said, •' E pai ana" (all right). I had also sent two Ngatipaoa Natives, from Kihikihi, on the 24th, to acquaint Tarapipipi te Kopara, of Piako, with my proposed visit to Tokangamutu. He informed Manuhiri, who instructed Tana te Waharoa to write a letter to me to come if I liked. We proceeded on our journey and no objection or obstruction was offered to our progress. On arriving at Te Uira, Wahanui and the Ngatimaniapoto invited us to have some food, and remain there for the night. This we declined, as Te Tuhi had told us "togoon to Te Kuiti." We therefore went there. Te Ngakau invited us to his house, but as the Ngatihaua were encamped in that neighbourhood, and they were the tribe to whom the murdered belonged, I deemed it advisable to cross the river to the house indicated by To Tuhi. We accordingly went there. Tv Tawhiao (Tawhiao's son), Tana Te Waharoa, and Te Eeinga (Manuhiri's daughter), and a large number of Natives came to see us. Tv Tawhiao ordered a tent to be erected for my use, and Hone Te One and Warana occupied the house adjacent, which belonged to Tawhiao and Te Tuhi. Te Eeinga invited Hone Te One to go with me to Manuhiri's house, and he declined. I did not know this at the time or I would probably have accepted the invitation. A rick cloth was speedily converted into a tent, and food was brought to me. A good many Natives came to talk in the evening, but, being tired, I went to bed at 8 p.m.; about 9 p.m., Tv Tawhiao, his wife Tiaho, jun., Tana Te AVaharoa, Hote te AVaharoa, and Te Huirama came and awoke me. We talked together until about 10.30 p.m. As the eastern end of the tent was open, and a land breeze blowing, Tv Tawhiao said "he would bring me a blanket to keep me warm." He did so, and left the tent. I awoke at six o'clock next morning. About G. 15 a.m. an old woman came to look after an axe, which had been used to drive in the stakes for the tent. She took it away and commenced to chop firewood close by. Immediately afterwards I heard a Hauhau religious service performed in the open space before the Eunanga house, known as Te Kuiti. This struck me as being uncommon, as all religious ceremonies now take place in houses. Directly this ceased, I heard footsteps approaching the tent, but took no notice of them. I was lying on the ground on my left side, with my face slightly turned downwards. I had two shawls wrapped round me, Tv Tawhiao's blanket loose above, and over all a mackintosh, which prevented my seeing more of the Native than his feet, legs, and shawl round his waist, reaching to his knees, and a Native weapon, known as a " wahangohi," in his hand. I did not suspect that he had any intention of attacking me. He walked into the tent, as far as my knees, when I noticed him change the position of the weapon and prepare to strike a blow. Fortunately my right hand was outside the blanket, and when the sharp edge of the weapon was coming down in a slanting direction, about two feet from my head, I struck the pointed end with my hand, and thus broke the force of the blow. I, however, received a deep cut an inch and a quarter 2—G.3.

G—3

6

long, on the left temple, and a slight wound near the eye, lower down than the direction of that on the temple, the difference in line being caused by the turn the wahangohi got by striking it with my hand. My antagonist then placed a foot on the blanket on each side of my knees, which prevented my springing to my feet, and he attempted to give me the coup de grace by a straight up and down blow on the head. I had, however, got into a sitting position, and caught the weapon with both hands, when he attempted to wrest it from me, and to stick the sharp point into my stomach. Finding he could not succeed in this, he dropped it with his right hand and seized me by the hair, trying to throw mo over. Thinking he had a tomahawk (I afterwards heard he had a whalebone club—" patu paraoa " —in his belt), I caught his right hand by the wrist, at the same time relinquishing my hold of the wahangohi, and seizing him by the left wrist. I then held him fast by both hands, and called out that " I had been struck with a taiaha." A Native named Parawhenua rushed into the tent, followed by another named Tokangamutu, and immediately afterwards by Hone Te One and Warana. The Native was dragged from the tent, making ineffectual attempts to strike me as he was taken away. I had a loaded revolver in a holster in my despatch bag, and it was a fortunate circumstance that it was not at hand, for had 1 shot the man my life would not have been worth anything. The Natives came round in large numbers, and told me tha + my would-be murderer was named Buru, and belonged to the Ngatitamainu hapu of Ngatimahuta. I hope I may be excused .for having been thus minute in my description of the attack on myself, but so many garbled and distorted versions have been circulated that I feel it is due to the Government and myself to give a clear and straightforward account of the whole affair. After Buru was taken away to Manuhiri, Bewi Maniapoto rushed up to where I was standing beside the Mangaokewa Stream, washing the blood from my face, and said, "I am Bewi. Come with me. If I wanted to kill a person I would do it openly, not in this manner." He then turned to the people and said, "Do not slay me in this manner." He then tied my towel as a bandage for my head, and I accompanied him to his house. As I went through the settlement I heard some of the people saying, "Let Mackay kill Buru." I said, "No ; let Buru be tried by the law ; death is not the punishment for an assault." After Bewi had cut the hair from my head around the wound, we went to a large house filled with Ngatimaniapoto. Bewi said, "I am called the bad man, but this is the work of Waikato. This is the house of Tawhiao. Had this European been killed on the road it would not have been so bad as this—this is real murder. The Maoris would call this a murder." I said, "Do not make much of this business " Bewi answered, " You had better return to Alexandra, I will conduct you safely." I replied, " I will not go back until I have delivered the message entrusted to me by the Government to Tawhiao, Manuhiri, and yourself." Bewi said, " Neither Tawhiao, Manuhiri, or myself can speak to you, because you have only by good fortune escaped front our weapons." I replied, "Asl am alive my blood is my own; had I been killed it would be that of my people." Bewi then went to Manuhiri. On returning, he said, "You had better stop herewith me. Waikato are in a very unsettled state and might kill you." I answered, " I will remain here with you." We then had some breakfast, after which he addressed Ngatimaniapoto, and said, "My name is Mackay. We are all Mackays. I am a fighting man, and a bad man, but I would not kill a man in my house. After a man comes to my place and sleeps in it, I could not kill him." He continued to make sarcastic remarks about the conduct of the Waikato tribes generally. Hauauru Poutama sent to the Ngatimaniapoto at Te Uira, and told them " to arm themselves to take revenge for the attack upon me." Subsequently I heard that the plot to murder me had been arranged in the Kuiti Bunanga house by Nuku, Kiwi, and Maneha, and about eighty of the Ngatimahuta Tribe, on the night of the sth, and four men, Euru, Tana, Puru, and Te Roia, were appointed to kill me. The religious service in the morning was to give them zeal and strength for their duty, but the three latter objected to perform it, as they said "they had no cause of quarrel with me." During the day (6th) three demands were made by the Ngatimahuta to Manuhiri to be allowed to kill me. Bewi Maniapoto got very excited about their persistence, and sent Hone Te One to Manuhiri to tell him to keep Maneha and Kiwi quiet, or he would not be answerable for the consequences. He then addressed the Ngatimaniapoto and Ngatituwharetoa as follows, viz.: —■ " At the time of setting up the King, I objected, because I saw that there could not be two chiefs for one house, or two captains for one ship. I said, let us fight the Europeans, and if they kill us all, let them take our lands. I accordingly went to fight at Waitara. Before going, my elder relation, Potatau, said to me, " Bewi, you are the descendant of a murderer, Tukorehu (the Maori Cain), we are now Christians, and if we fight we must cease from the evil ways of our ancestors ; there must be no murder committed. I was known as a bad man, the descendant of a family of murderers. I, the man of evil, consented to the word of Potatau. I thought the days of committing murder had gone by. Through the first Taranaki war, I and my people fought fairly, and committed no murders; and the very men who asked me to forbear from murdering people, now commit murders themselves. If they desire to kill people, why do not they do so openly ? These are the acts of Waikato, the people who deprecated murders. Todd, at Pirongia, was the first. The European (Lyon) at Kihikihi, near Orakau, was the second. Laney, struck with the taiaha, the third. Sullivan, the fourth ; and, but for fortunate circumstances, you, Mackay, would be the fifth. My people only committed one murder— that of Mr Whitely, the missionary. I was not aware that they intended to do so. Had I been acquainted with their intentions, I would have prevented it. I subsequently remonstrated with my people, and they said, ' peace had not been made, it was an act of war.' I said, 'if this is war, there shall be no recurrence of it;' and since then my people have remained quiet. When Todd was killed, I used my influence to get the murderers given up, and I was not attended to. Murders still take place, and X strongly object to such proceedings. I say, if you desire to kill men, fight. I carried on the war at Taranaki. I fought the Pakeha at Te Mauku, Waiari, and Orakau, and I think they will admit I did so fairly. I originally urged war with the Europeans, but I was not the one to give it up. I said let us all die, and then the Europeans can have our country. The Waikato, on reaching Maungatautari, said, ' let us leave off fighting the Pakeha.' I went away disgusted. I never made

7

G—3

peace, but have not committed murders. The Waikato, the men who said " cease fighting," do so. Why do not they fight openly and straightforwardly ? I suggested that we should put up a pa between Hangatiki and To Kuiti, and stand or fall there (you, Mackay, passed the place yesterday). They would not consent to this ; and now they will not remain quiet, but commit murders. I said, 'if you want Waikato back, fight the Pakeha for it;' I would assent to that, but I will not fight for their murders." Hone te One then returned from Manuhiri, and said —" Manuhiri is restraining Maneha, and Kiwi; he says he took Euru round among the people this morning and said ' AVho is this fellow ?' and no person answered. He wished him to have been killed by Te Wharepu, or by Topi, and that is why he said, who is this follow." A message was brought by Te Eeinga, from Manuhiri, that " he was so pouri (dark) he could not eat, and had left the settlement. I had better tell Manga (Bewi) the business I had come on, and leave the settlement." I objected, and replied, my instructions are to see Tawhiao, Manuhiri, and Eewi; then I will deliver tho message with which lam charged. Eewi has taken the responsibility of protecting me, and I will not add to it the heavier one of answering alone the demands of the Government, especially as Ngatimaniapoto have committed no offence against the Europeans, and are living in peace with them. It is the Waikato who caused this trouble. Te Eeinga said " this was true," and returned to Manuhiri's house (he had not left). On her departure Eewi said, "Mackay, your answer is right. Ido not wish you to tell me your business, as Ido not desire the responsibility of answering, especially as they will not accede to my wishes." Next day, in the course of conversation, Eewi said—" I have heard that the Maoris who killed the pakeha (Sullivan) at Pukekura chased another man named Jones, fired at him, and when Jones reached the line of the lands conquered by the Governor, called out,' Stop Jones! There is an end of it, you are at the boundary.'" I answered Eewi—"Yes! that took place, Jones says so.". Eewi then rejoined —" Do you not see that Maori thought that he was acting according to the law. The King said ' Do not lease the lands outside the boundary ' —the consequence is that the Europeans are killed.1' I (Mackay) said —" The Europeans and friendly Natives do not acknowledge your laws any more than you do ours; and do you think the way to settle these questions, and come to an understanding, is by murdering people ? I think the Maoris and the Europeans were advancing towards peace, and these murders have widened the breach." He answered —" That is true, but if you demand the murderers they will not be given up. I have tried to get these matters arranged but can do nothing. You go to Te Uira, and stop there. I will see Manuhiri, and the others, and talk over matters. At night I was placed in a house with sixty Ngatimaniapoto and Ngatituwharetoa, who had orders to shoot any man who attempted to enter the house without permission. Eewi was there the greater part of the night. I had my revolver hanging by my head. The next morning I was proceeding to the house of Alexander Thompson (half-caste), and was carrying the revolver, Eewi came to me and said—" Do not carry that weapon about with you. The Waikato say now ' that you brought it up to murder Tawhiao with,' that is their excuse for attacking you; hand it over to Thompson to take care of." I answered —" What a chance a man would have to escape after murdering Tawhiao among a thousand people : lam not quite brave enough for that. The Europeans do not commit murder in that manner —we leave that for Waikato to do. Had I any such intention I would not have told you I had a revolver on the morning when I was attacked." Eewi replied—" That is what I told the Waikatos, that you had revealed to me that you had a revolver, and had you known Euru was coming that you would have shot him; that had you intended to kill Tawhiao you would have carefully hidden the revolver, and not told me, especially after the attack on yourself. AVaikato have demanded the revolver as utu; they say Maoris are not allowed to carry arms in European districts, and Europeans have no right to carry arms in Maori country." I said—" I merely brought the revolver for defence on the road. A man does not like to be shot like a dog, but as you ask me to leave the revolver with Thompson I will do so, provided it is not given to Waikato." He rejoined—" They will never get it. I will return it to you, but not now." I gave it to Thompson, who put it in his box. The Waikatos heard of this, and demanded it; Eewi then handed it over to Wahanui for safe keeping. (Wahanui took it away, and on the 30th June last returned it to me by Alexander Thompson, Te AViwini, and Tub or o). Subsequent to the above recited conversation, I, on the 7th May, went to Te Uira, Eewi sending twenty-five men on horseback to escort me. As we were leaving, Eewi said, in a sneering manner, in presence of some Waikato Natives, " Go to Wahanui at Te Uira, and see how we low people of Ngatimaniapoto will treat you. We will kill you and Hone Te One also." He then laughed and added, "If you are killed my neck shall be the payment. You are a great Pakeha, and I will be content to give myself up to the Government to be hung if you are injured." I afterwards heard that Eewi had told the Waikatos, "If Mackay had been killed by Euru I would have gone to Alexandra and given myself up to the Governor as utu (payment)." Previous to leaving for Te Uira, I wrote a letter to Manuhiri to the following effect: —" That I had come to Te Kuiti to deliver a message from the Government to Tawhiao, Eewi, and himself. That he need not take any notice of the attack on me by Euru ; it was wrong, and was not, as I believed, sanctioned by Tawhio himself and the other chiefs. That the harm done would only be increased by not seeing me, and hearing what I was charged by the Government to say ; that one degradation was enough, in being attacked, without adding to it further insult. That I objected to going back to the Government in that manner." Eewi has requested me to go to Te Uira to-day. I have consented, but I wish an answer as to the day when we shall meet and discuss matters. Te Eeinga returned with the answer, "That Manuhiri was too 'pouri' (troubled) to talk." I asked, " AVhy is he 'pouri ' (troubled) ?" She said, " Because of the attack on you." I then proceeded to Te Uira, where I was cordially welcomed by the people of Ngatimaniapoto, Ngatituwharetoa, and the AVhanganui Natives under the chief Te Mamuku. Tawhiao arrived at Te Kuiti from Hauturu, secretly, during the afternoon of the 7th, although

G.—3

8

Te Tuhi wrote me a letter saying that " Tawhiao was still at Hauturu, as his wife was ill from a recent confinement." 1 only mention this as showing the subterfuges adopted by the King party, and the miserable nature of their communications. I received information that a secret meeting was held that night in the Bunanga house, with closed doors, to discuss Bum's attack on me, and it was proved that it was done at the instigation of Nuku, the same as the murder of Mr. Bichard Todd. I found Te Kooti at Te Uira, and ho appeared to have considerable influence with the Ngatimaniapoto. Wahanui put nine men on guard at night to watch over my safety, and Te Kooti was not satisfied until three of his men were added to the party. Te Kooti was very friendly. I however felt a strong objection to have any intercourse with him, but he insisted on telling me his history, and detailing the wrongs which he said he had suffered at the hands of the Government, in being deported to the Chatham Islands when he was innocent of rebellion, and had fought on our side at Waerengahika. He said he would have nothing to do with the Waikatos; he believed in fighting, but not in their manner, by committing occasional murders ; that he would be guided in all things by Eewi. On the morning of the Bth May, Wahanui asked me to return to Alexandra, which I refused to do. I then requested him to go to Te Kuiti, to Tawhiao, Manuhiri, and Eewi, and urge them to see me on the Government business. I was desirous that all three should be present, as I heard the administration of affairs this year was vested in Tawhiao only. He returned in the evening with a letter from Manuhiri, telling me to go back to Alexandra. I replied to it, " I am willing to return there when I have spoken the words of the Government to you, then I will hasten back. Consent to let me speak to you and Eewi, then I will go to Alexandra." Te Ea Whakaari, who accompanied Wahanui from Te Kuiti, urged me to go, saying that the whole of the tribes had met to consider certain questions, and my being at Tokangamutu prevented them from proceeding to business. I gave him the same answer as to the others, viz., that I would not leave until I had delivered the message of the Government. I at the same time wrote to Eewi, asking him to use his influence to bring about a meeting with Tawhiao and Manuhiri, and to come to Te Uira next morning, if the answer was unfavourable. It is a curious circumstance that the man who carried the letters to Manuhiri and Eewi (a halfcaste, named Te Eoia, connected with both Waikato and Ngatimaniapoto tribes) was one of the men selected by Nuku to murder me, a fact which he acquainted me with on the morning of the 9th, when I paid him for his services in conveying the letters. He said that the whole affair was plotted by Nuku, and Kiwi, in the Kuiti Eunanga house ; that he, Euru Tana, and Puru, consented to take part in the murder the night before, but in the morning all but Euru objected, because they had no cause of quarrel with me. Eewi Maniapoto arrived at Te Uira shortly after daylight, and the following conversation tooV place between us, viz.: — Mackay —" Has Manuhiri received my letter ?" Rewi —" Yes. I took it to him last night. He will not seeyou." Mackay —" What is the answer ?" Rewi —"He will not see you." Mackay —If so, I must tell you the message I have to deliver." Rewi —" Ido not wish to hear it by myself." Mackay —" Neither do I wish to deliver it to you only, as your tribe have not committed any offence ; but I will tell you, so that you can deliver it to Manuhiri, Tawhiao, and others." This is what I was charged by the Government to say to Tawhiao, Manuhiri, and yourself. I will confine it to three questions. I had other matters to talk of, but I shall not now allude to them. Ist. This is a question. " Who instigated Purukutu to kill Sullivan at Pukekura ; was it his own act, or that of the King?" Rewi. —"l am trying to find that out now ; that is one of the matters for the consideration of tbe meeting. Mackay —2nd. " Are you willing to give up the murderers to be tried by the law ? There are seven of them concerned—Mohi Purukutu, Hori te Tumu, Whina, Herewine Ngamuka, Paora Tuhua, Wira Tarawhati, and Hohepa Motuiti.* Now, of these, two, I believe, killed the man and mutilated him. According to our law, they are all liable to be punished. Tou, however, can easily find out the two. If you will deliver them up to be tried, the Government will be satisfied. Rewi —" That is another matter for the consideration of the meeting." Mackay —3rd. "If you will not give them up properly, will you in that case stand aside, and allow the Government to take them ?" Rewi —" Let those questions bo left for the consideration of the meeting. These demands are the same as those contained in the letter of the Government which I received." Mackay —" Yes; but the Government thought it better to send me also. I had other things to say, had those questions been answered; but as they are not, I shall keep them to myself." Rewi —" I will attend to your questions, and let you know the result." Mackay —" But you may be a long time in arriving at it. I want you to fix a day when you will reply to my demands." Rewi —" The meeting will take some time, perhaps. Let me see —this is tho 9th ; perhaps by the 14th I may be able to answer." Mackay —"l do not want to hurry your answer, as long as you agree to give one. But I must have a reply, for I have heard from Te Wheoro that Ngatiraukawa say there are to be three more murders. I will give you until the 20th. You can either write to mo or the Government, or both." * Memo. —At this time seven were believed to be concerned in the murder, as Parakaia said that number had left Ngahokowhitu.

9

G—3

Rewi —" I will send you an answer by that time, if we come to a conclusion. Do not be in a hurry, be easy (ngawari)." Mackay. —" You say be ' ngawari' (easy). Why should Ibe easy when you are so hard, that you (the King and others) will not even allow me to deliver a message properly ?" Rewi —" lam a child, and you are an old man." Mackay —" Yes; you are a child, as far as knowing how to make guns, powder, mills, and ships, but in matters relating to war, peace, and murder you are my equal, for you did those things before I came into the country. I must have the answer, and this has nothing to do with my not being allowed te see Manuwhiri and Tawhiao." Rewi. —" That is because your coming here and the attack on you has disturbed the business of the meeting, and we have not proceeded to discuss matters. We are inquiring into those very questions you have come about." Mackay. —" I have something else to say with reference to Purukutu. I hear he is out with armed men, and will commit more murders. Recollect, if he does, between now and the 20th, I will follow him, and take him. Do not then blame me for any evil that arises. I have warned you of his intentions, and you bad better prevent him." Rewi. —" That is your business. I would not say that was wrong (I think he meant this individually), but Tawhiao himself has gone there (to Wharepapa) yesterday." This concluded the talk; Eewi shook hands, mounted his horse, and gave me a hint he wanted to speak privately. I walked down beside his horse. I said —" Keep clear of Waikato; look out for your lands." He replied —" lam working at that business of yours every day—leave it to me to work out." Eewi then said to Wahanui, "provide Mackay with an escort to take him safe back to Alexandra." He returned to Te Kuiti, and I proceeded to Alexandra with Hone to One and Warana, escorted by Taiaroa Tumu, Tawhata, and seventeen men of the Ngatimaniapoto tribe. I travelled from Alexandra to Cambridge, on the evening of the 10th May, and after passing Walker's station, noticed a signal fire on the Pukekura range. About eleven o'clock p.m., reports of fire arms were heard behind Cambridge West, in the direction of Pukekura, and parties of Armed Constabulary and Volunteers, under Major Clare and Captain Eunciman, were sent out to bring in women and children of the outsettlers, and patrol until daylight; I accompanied one of these parties with Mr. J. Sheehan, M.H.R., and shortly after sunrise we saw a boy named Dillon running along the road, in breathless haste, and evident fear. He said he had been looking for milking cows belonging to his father, and a Maori rushed out of some thick manuka and chased him. A number of men were sent for and we commenced a very careful search for the Maori or Maoris. We did not succeed in finding them, but discovered where two had laid down in the fern, and on some newly sown grass land of Mr. AValker's, found tracks of three Natives who had been sitting down, and the imprints of the butts of their guns were clearly visible. The footmarks crossed the ploughed land and entered some Manuka scrub in the direction leading to the Pukekura range. I have since ascertained that they were three of Purukutu's men who came down to carry off some blankets and clothing, \\hich had been hidden in the manuka for them by some of the Maungatautari Natives. Colonel Lyon arrived early that morning, and made arrangements to remove the head-quarters of the Armed Constabulary from Hamilton, to Cambridge. lat once took steps, in concert with him, to put the frontier in the best state of defence, which the limited force at our disposal permitted, and to prevent any mistakes arising about friendly, or other Natives travelling after dark, a notice warning the Natives against travelling on roads, or over bridges or ferries on the Waikato and Waipa, between the hours of 7 p.m. and 7 a.m. As there were several points on the frontier between Cambridge, and Orakau, unguarded, and by which a hostile party could penetrate our lines unperceived, and the reports brought in by my spies being to the effect that " Purukutu intended to commit more murders, and was lying in wait for Mr. AValker's laborers 'and stockmen, on the west side of Maungatautari," I deemed it advisable to establish a post at Eotorangi, a conspicuous hill, surrounded by the Moanatuatua Swamp, and which commanded a road from Wharepapa to Cambridge, and the swamp road from Cambridge to Bangiaohia. I also suggested to the Government that a number of the men of the Ngatuiaho and Ngatitipa tribes, under the long and well tried loyal chiefs AViremu te AVheoro and Hori Kukutai should be enrolled as Armed Constabulary, and placed on the frontier. In reply I received instructions that all steps necessary for the defence of the district were to be at once taken, and the enrolment of the Natives in the Armed Constabulary was sanctioned. The Armed Constabulary furnished guards for the bridges at Alexandra and Cambridge, and the Cavalry Volunteers, two patrols for the frontier between Alexandra and Bangiaohia, and one for the west side of the Waikato, between Cambridge and Mangapiko. Te AVheoro's contingent (sixty in number), arrived on tho 24th May, and were placed in a position about midway between Alexandra and Kihikihi, and commenced the construction of a redoubt to command two fords on the Puniu river to which there were roads leading from the interior. A redoubt has been erected at Pukekura, so as to command a road from Maungatautari to Cambridge West. A redoubt is to be constructed at Te Tiki, on the main line of road from Maungatautari to Cambridge, so as to guard the approach to the frontier from that quarter. A block house is in course of erection in a commanding position at Paikuku, on the exposed side of Bangiowhia and Orakau. It is in contemplation to erect a block house on the east side of the river AVaikato, so as to protect the settlers living at Taotaoroa, and in that neighbourhood. The only question which has delayed the commencement of this work is, that some Natives, who are at present friendly, claim to have a right to have their names inserted in the Crown Grant of the Taotaoroa block, and that they were excluded from it in consequence of not knowing of the sitting of the Native Land Court. 3—Gh 3.

G—3

10

Shortly after my arrival in this district, Te Keepa Bingatu made such strong complaint about Mr. Campbell surveying some roads on the block, and subdividing the land, that I wrote to him on the 14th May, requesting him to desist from the survey, which Mr. Campbell at once complied with. ( Vide Enclosure G.) The Government have therefore considered it unadvisable at present to erect a defensive work on the Taotaoroa block, but propose to place a block house at Mr. Buckland's late station in the immediate neighbourhood of it. The next question to be considered for the defence of the district, was the establishment of a patrol road, as near as possible to the frontier, so as to connect the various posts, and give the means of forming a proper and satisfactory system of night patrolling. On carefully going into the question, and personally inspecting the roads, I found none of those at present used or constructed, were suitable for the purpose. I therefore submitted proposals to the Government about the formation of a patrol road along the whole frontier, and I had also, with the aid of Colonel Lyon, drawn out a plan for the disposition of the forces for garrison and patrol duties. This met with their approval, and I was authorised to take the steps necessary to carry out the scheme of defence. The survey of the entire line is now completed. Te Wheoro's contingent have been relieved from garrison duty at Eord Eedoubt, and are forming the road between Alexandra and Orakau, and there are sixty-four men of the friendly Ngatihaua, Ngatitamainu and Ngatihourua tribes now engaged on the part between Cambridge and Orakau. Te Wheoro's men are armed and receive pay as Armed Constabulary. The sixty-four last named are working by contract at per chain. The line of electric telegraph between Cambridge and Alexandra via Ohaupo, is in a very bad state of repair, and it was in contemplation to renew it by the same route, and tenders were invited for the supply of posts for its construction. On the 16th May, I recommended to the Government that the course of the line should be altered, and that it should be taken in such a manner as to pass through the frontier settlements, and be easily connected, if necessary, with the garrisoned posts. The Government approved of the scheme, and Mr. Sheath, the Inspector of Telegraphs for this Province, most cordially assisted me in the matter, and is at present actively engaged in carrying on the work. Every effort is being made by Colonel Lyon, and the officers and men under his command, to carry out the plan approved of by the Government for the defence of the district. Major Jackson, Captain Eunciman, and the Volunteer Cavalry under their command, have afforded valuable assistance in furnishing night patrols. I feel every confidence in the Constabulary and Volunteers being able to defend the district and protect the settlers, if the posts, as proposed, are duly established and garrisoned, the patrol road completed, and telegraphic communication between the various frontier posts and settlements effected. In conclusion, I purpose to briefly revert to the state of the Native mind in the Waikato District, within the confiscated boundary, and to that of the Native population beyond those limits. The friendly Natives in the AVaikato, belong principally to the Ngatinaho, Ngatitipa, Ngatitamainu, Ngatihourua, Ngatihikairo, Tainui, Ngatitahinga, Ngatiteata, and Ngatihaua tribes. As a rule they are well inclined towards the Government, and I have reason to believe that the largest proportion of the people composing them, will, under any circumstances, remain loyal to the Crown. The Ngatihaua are the most likely to be disaffected, from their close connection with Purukutu, and the larger division of that tribe now at Tokangamutu with him. The Ngatikoroki hapu of Ngatihaua, under Tioriori te Hura, who made professions of loyalty, have gone in a body to Tokangamutu. Only two or three days before they abandoned their settlement at Maungatautari they asked to be furnished with arms and ammunition to defend themselves from Purukutu, which request I decline to accede to. I believe it is only the influence of Te Eaihi, Hakiriwhi, and Irihia te Kauae which keeps any of the Ngatihaua in the district. The Eeverend W. Barton, (AViremu Patene), Andrew Barton, and Mohi te Bongomau have oeen indefatigable in their exertions to keep order among the AVaipa and Eaglan Natives. Hone to One has also rendered valuable assistance to the Government at Kawhia, Aotea, and Eaglan, in explaining matters to the Natives there, and in obtaining information. The Chief AViremu to Wheoro has more influence with the friendly Natives than any other man in the district, and his opinion is much respected by them. He has, since my arrival here, constantly resided at Cambridge, and has rendered me very valuable assistance, and I entertain a very high opinion of his abilities, judgment, and loyalty. The Native Contingent Armed Constabulary are under the command of Colonel Lyon aud the immediate charge and control of Mr. Tregear, who holds a temporary rank as a first-class Sub-Inspector, and is a promising officer, and Eatama te Whakaete, and Hori Kukutai, who rank as second-class Sub-Inspectors. Thirty-five men and three non-commissioned officers are with Eatima te Whakaete, working on the patrol road between Alexandra and Kihikihi. Twenty-five men and two non-commissioned officers are with Hori Kukutai, constructing the portion between Orakau and Kihikihi. Mr. Tregear personally superintends the whole of the work done by his detachment, and his practical knowledge of surveying specially fits him for the duty. The contingent have made considerable advance in drill, and can now parade in a creditable manner. Colonel Moule, the Commissioner of Armed Contabulary, recently expressed himself as being well satisfied with the progress they have made. The redoubt commanding the Puniu fords, now known as " Eord Eedoubt," was constructed by them, and was put up in a short time in a creditable manner. AVith your permission, I will confine this portion of my report to general questions. I am of opinion that the murder committed by Purukutu and his associates was not done with the unanimous consent of Tawhiao and the King party, and is looked on by the majority of the Hauhaus with dis-favour. A few fanatics like Nukuwhenua and Euru are willing at any time to commit the same crime as Purukutu. Purukutu and his party doubtless murdered Sullivan for two reasons, one private, and one public. The first, because it was annoying to them to see Mr Walker's cattle grazing on land which they were

11

G—3

partially occupying themselves, and which had been granted through the Native Land Court to members of their tribe, who were not in occupation of any part of it, and who drew rents for the depasturage of stock on it. A supposed private wrong led Purukutu to uphold what he considered to be Tawhiao's so-called law against the alienation of land by lease or sale. This is the political, or public reason for his act. Manuhiri, in a conversation with Paora Tuhaere, at Tokangamutu, on the 11th May last, distinctly states —" It is said that Tawhiao was the cause of Purukutu's act. Purukutu committed murder for his own land. Another man kills a European for his own land." It may be asked if Sullivan was not killed in consequence of instructions from the King; how is it that he has now found an asylum at Tokangamutu ? In my opinion, Purukutu went unwillingly to Tokangamutu, as numerous messengers were despatched to him before he would comply with Tawhiao's request. I believe he was sent for to keep him from doing further mischief, and to prevent him from precipitating a war with the Europeans, when the Hauhau party were not ready to fight. Manuhiri, in a recent conversation with Nini Kukutai, at Tokangamutu, said —" Purukutu will not be allowed to return to Maungatautari. If he goes, it will be on his own responsibility, and not on Tawhiao's, because Tawhiao does not want to fight." Tawhiao knows that if he delivers Purukutu over to the Europeans, a large number of his people will immediately secede from him, and his power and influence become a thing of the past. The Natives are all aware that Mohi Hotuhotu Purukutu is, according to Maori custom, one of the owners of the Pukekura block ; that the issue of the Crown Grant, and subsequent leasing and occupation of the land by Mr. Walker, has helped to deprive him of his rights ; that Tawhiao, and his Eunanga laid down what they consider to be a law, forbidding the sale or lease of lands outside the confiscated boundary, for which death was to be inflicted on any European concerned, or any Kupapa (friendly) Native. It is true Tawhiao had subsequently said, " That tho sword should be sheathed." Purukutu did not recognize that this repealed the penal clause of the first so-called law, and by a mis-interpretation he killed Sullivan. It is my firm conviction that, as seen from the Hauhau point of view, the above are the reasons why Purukutu is not handed over to be tried by the law in answer to the demands made by the Government. I wish it most distinctly to be understood that the above remarks are not my ideas of what is right or wrong in the matter, but merely an exposition of the feelings of the Hauhau party arrived at by me after much observation and reflection. I paid two visits to Te Waotu to the Ngatiraukawa Tribe, and also had an interview with Eewi Maniapoto at Te Kopua. I believe I can safely say that the Ngatimaniapoto and Ngatiraukawa Tribes will not join in any hostile movement against the Europeans arising out of Purukutu's proceedings. In considering the question of the defence of this district, it must always be borne in mind that the AVaikato and Ngatihaua Tribes have no land of their own at Tokangamatu, and that some subdivisions (hapus) of Waikato lost the whole of their lands by confiscation. These are the men who smart under the feeling that they are mere sojourners on the lands of Eewi and Ngatimaniapoto, and it is against them that the Government of the country must at all times be upon their guard, and keep the frontier in good defensive order, or there will be numerous repetitions of acts similar to that of Mohi Hotuhotu Purukutu. The alarm and excitement which at first prevailed in the AVaikato amongst the frontier settlers after the murder of the unfortunate Timothy Sullivan has subsided, and they are now quietly following their usual avocations with a feeling of security not before experienced in this district. It is, however, a very prevalent opinion in their minds that the murderers of Timothy Sullivan should be brought to justice, which they consider would prevent the recurrence of similar outrages. I do not think it would bo right to close this report without drawing the attention of the Government to the very cordial manner in which I have been assisted in my duties in this district by the whole of the officers of the Government: and I would point out that Mr. Eeynolds, Telegraphist and Postmaster at Cambridge, and Mr. Eayner, who holds a similar office at Ngaruawahia, are two most efficient and deserving officers, and have shown a large amount of zeal for the public service during a period when their duties have been very arduous. Mounted Constable Collins, who acts as my orderly, appears to be a man worthy of promotion, and he has accompanied me to some Native settlements, where there was risk, and has invariably conducted himself in a praiseworthy and efficient manner. A Native lad named Pari, of the Ngatihaua Tribe, has been a very trustworthy messenger and collector of information ; and on one occasion, when I sent very important letters by him to Wharepapa, ho was captured by Purukutu, tied up, and would have been killed but for the intercession of some of his relations; he however contrived to retain the letters and procure the information required. I enclose herewith a rough sketch showing the position of the posts on the frontier, the patrol road as surveyed, and the line of telegraph now in course of construction. I hope the sketch may be useful in explaining certain portions of this report. I have, &c, The Hon. the Native Minister, James Mackay, Jun., Wellington. Agent General Government, Waikato.

G.—3.

12

Te Raihi said—l claim this land; there are many other claimants—the whole of Ngatikauwhata. Parakaia —This is land for which I have asked for an adjournment. Captain Wilson stated that he appeared as agent for Ngatihaua, who wished to claim expenses on account of the investigation of their lands being adjourned. The Court granted an adjournment for the same reason as in the case of Maungatautari. It was explained that the Waikato tribes had asked for expenses. 3rd November, 1868. Te Raihi—l recognise this plan—Mr. Campbell made the survey. Mr. Campbell, sworn —I produce this plan, it is mine. Te Eaihi and others authorised me to make the survey ; Hote Tamihana, Parihi, Tamati Pou, Parakaia, and others pointed out the boundaries; the difference with respect to the confiscated boundary has not, I believe, been determined ; the area inside the colored line (pink) is 8395 acres; there was an opposition made to the survey by Tima and Mohi; Tima is, I believe, a relative of the claimants ; his opposition was made when I made the internal divisions of the block, that they might ascertain how much each one was to receive of the rent; Mohi's objection was that the land ought not to be surveyed, as the block was outside the Government boundary. The boundaries of the land are—Commencing at a heap of stones and a pole, on a hill called Takanga AVairua, on the summit of the Pukekura Eange ; thence by a line bearing 17 ° 54', 184 chains 20 links to the Waikato River; thence up the Waikato to its junction with Hauwira Creek ; thence by that creek to a place called Paukira, near its source; thence by a line 45 ° 45', 40 chains 12 links to Pukeukui; thence by a line 207 °, 85 chains 71 links to Pa Hape ; thence by line 54 ° 45' 68 chains 89 links, passing Te Koukou to Te Karawha Creek; thence by that creek to its junction with the Mangapiko ; thence by the Mangapiko and by a line bearing 211 ° 21', 225 chains 48 links, to the point of commencement. Te Raihi recalled —I know this land ; Ngatikauwhata, of Ngatiraukawa, owned this land; it now belongs to myself and others ; their names are —myself, Piripi, Horomona, Hakiriwhi, Irihia, Hori Wirihana, Hemi Kokako, Parakaia, Maihi Karaka, Te Waata, Te Eeweti, Te Hura, Te Ngirangira— these are Ngatihaua. The present claimants to the land belonging to Ngatikuwhata are—Huka, Te Waka Ngai, Meretana, Hori Puao, Harete Tamihana Te AVaharoa—these are residents. These are all the claimants I recognise; we claim this land ; Ngatikauwhata went to Kapiti, and the land became mine ;I am also related to Ngatikauwhata, being descended from Kauwhata; I call upon Hori Puao as witness. Hori Puao, sworn —I know this land; lam of Ngatihaua and Ngatikauwhata ; I was born at Tamahere ; I did not hear the names mentioned by Te Eaihi; Ngatikauwhata owned this land formerly; I claim the land through Ngatikauwhata having given it up to myself and Te Eaihi; Te Wharepakarau was the person who gave the land; the cession was made at Pukekura; I was a boy at that time, and I have lived there ever since; lam now an old man; the reason the land was given to us was on account of our relationship ; after they did this they left the land and went South ; the reason of their going was they were afraid of Ngatimaru, Ngatipaoa, Ngatitamatera, and AVaikato tribes; we have cultivated here from that time to the present day ; Ngatikoroki cultivated on the other end of the hill; I have lived on this land from my childhood, and have now grand-children living there; we claim this land through gift and relationship. Te Hakiriwhi, sworn —I claim this land in two ways —one from conquest, the other from descent; this land belonged to Kauwhata; I destroyed the persons who lived at Pukekura—myself and Ngatimaru did; the other side went away to Kapiti from fear of being killed, and the land was left without an occupant; the Eaepakaru then remembered that there were descendants of Kauwhata living amongst Waikato ; Te Eaepakaru gave the land up to me ; I then occupied the land at Pukekura; I was a child when I first lived at Pukekura, I have occupied it ever since; I was a child when Ngatiraukawa went South; if there was any person who could judge my age I could tell how many years we have occupied the land at Pukekura; Ngatikauwhata have not returned to live upon the land. Irihia Te Kauae, sworn—l am a Ngatihaua ;I am also related to Ngatikauwhata ; I claim the land —Pukekura ; I have a claim over the whole block; I claim the land through Ngatikauwhata, also on account of the Wharepakaru having given it up to us; Ngatiraukawa went South ; one portion of Ngatikauwhata went South, the other portion remained —that is ourselves ; Ngatimaru and Ngatipaoa made a raid on the land and took possession of it; they might have held it, but they interfered with

Enclosure A. Extract from Proceedings of Native Last* Court. PUKEKURA. 25th November, 1867. Claim read.

13

G—l3

us and we drove them away to Hauraki; there were no occupants then on this land, and we afterwards took possession ;we have cultivated the soil; my ancestor died on this land, and we took away his bones about five years ago, and we have possessed the land to the present time. Reone, sworn —I live at Tamahere; I belong to Ngatihaua; I know Pukekura—the owners of the land are myself and all the persons mentioned by Te Eaihi and Hakiriwhi; they claim from Kauwhata; Kauwhata is the ancestor from whom we have a claim to Pukekura, also by conquest; I have lived on this land; Ngatikoroki have also lived there—at the place mentioned by Hori; our only claim to the land is that which I have stated; Kauwhata was the ancestor, Ngatikauwhata are his descendants; lam related to them; we were told that Te Wharepakaru gave the land to our elders ; I have not heard that the land has been returned to Ngatiraukawa. Harete Tamihana Te Waharoa, sworn—l know tho land called Pukekura—l have lived there; there were many of us (the Ngatihaua) who lived there; we claim the land through Kauwhata, also from conquest; the land was all given up to us by the Wharepapakaru, who were of Ngatikauwhata ; Te Wharepakaru gave the land to my mother and grandfather, and pointed out the boundaries to them ; when Ngatikauwhata left, my elders occupied the land unto the present time —we are now in possession of the land ; the reason of the land being given up to us was that wo might look after the land, but the conquest did away with that. Te Raihi re-called—Kauwhata owned the land ; I am from Kauwhata ; Marutuohu, of Ngatimaru, took possession of Maungatautari ; I fought with him, and each side suffered, but we eventually drove them away and took possession of the land; I took the land from Marutuohu; we took the whole district, and have held possession of it up to the present time. It was asked in Court if there were any opposing claims to Eaihi and his people. Parakaia stated that he had. Parakaia, (sworn) —I am a Ngatiraukawa; I claim the land for three hapus—Ngatiraukawa, Ngatikauwhata, and Ngatiharua ; I know this land, Pukekura; the places I claim are, Taurau, Motoa, Parapara, Tapaekairangi, AVaipapa, Puahue ; I claim this land with others, viz., myself, Te Watene Karanamu, Te Eau, Te AVireti, and Hirawanu ; these are all that I recollect; the fight between Ngatiraukawa and Waikato ended in 1824, and then Ngatiraukawa and Waikato lived together in peace ; Ngatihaua and Ngatimaru lived together peaceably at Horotiu ; Ngatikauwhata lived here and at Hinuera; In 1828, Ngatikaukura, and Ngatiharua lived here, and at Tauaroa; in 1829, Ngatiraukawa went to Otaki; Ngatikaukura left this land ; myself, and my uucle, Matauruao, my father's elder brother, left the land in possession of Ngatikaukura, i.e., Kuruaro, Te Tapae, and all the lauds in the map ; we left it in possession of Te Toanga, and Tapararo, Te Iwihara, Te Pae, Paugo, To Aino, and Huka; these are the only persons I know of who were left in possession of the land; Ido not know of the fighting mentioned by Te Eaihi, and Hakiriwhi; we were not driven away; the word spoken at the time was — When we get guns, some of us will return to Maungatautari, and those who wish to remain South will stop ; in 1841, Ngatikaukura came to look after Ngatihina, and they came to us ; their word was that they would look after (tiaki) this land ; they took a woman of Ngatihuia to wife, and returned to this land ; her name was To:a ; I have heard that she has a child who has grown up ; it is perhaps alive at the present time ; this land belonged to this woman ; hor eldest child is Te Eaungaanga, who is present in Court; his mother died here ; these are all the persons I recognised, to whom the laud was given; as regards the fighting with Ngatimaru, I did not see that fight; we had gone South at that time; as regards the fighting AVaikato have mentioned, it was not with me, but with Ngatimaru ; Ngatiraukawa used to come back to (hokihoki mai) Whareturere ; Ngatikoroei invited Ngatiraukawa to come back ; Te Uwawaki was the chief of Ngatiraukawa who visited Ngatikoroki; Te Eaukaka was another ; there are many of the Ngatiraukawa tribe living at Maungatautari; Eaukaka is an old man of the tribe, and is living amongst Ngatikaroki; Herekana is another, who returned from Kapiti ; Hakopa, Hori Ngawhare, Hoani Makaho, did so likewise; the word of the chiefs of the other side was this—" We do not intend to keep the land, but if Ngatiraukawa returns, we will give the land up and go to the other side of the country ;" they invited us to return to Maungatautari, and the persons I have mentioned returned. The Court asked the questions — Why do not those persons appear in Court? They are kept back by the Hauhaus. How did you come? I had a pass (He ture ke toku). In 1861, the fights began at Waitara against the Queen, and the opposite side were engaged in that fight; Ngatiraukawa have not fought against the Government. By Te Eaihi—l come to claim this land ; I have no house there ; you occupy the land conjointly with Ngatiraukawa ; Hori Ngaware has no claim here, his place is outside ; when we went to get guns, some of us came back to Ngatikoroki, and lived at Te AVhaatu, but not to this land. Te Watene Te Whena, sworn, —I am a Ngatikauwhata, of Ngatiraukawa ; I claim this land through my ancestors; Wehiwehi owned this land in former times; lam from AVehiwehi; he is an offspring of Kauwhata; I have a claim to the whole of the land on the map, conjointly with those mentioned by Parakaia ; this land was not taken by conquest; the fighting was finished when I was a child, and there has been no fighting since ; I was not present at any of the fights mentioned ; peace had been made a long time previous; Ngatiraukawa and Waikato had lived in peace during our life time ; they fought iv former times, but they made peace, and lived together ; when we left and went to Kapiti, we left the land peaceably ; we left it in possession of Huka; when the notices were issued for the holding of this Court, he wrote to me to come, and I pointed out to him the pieces on this land; we left Ngatikauwhata and Ngatikaukura in possession of the land when we left; if Te Eaihi had claimed the land through Kauwhata alone, it would have been correct; it was not taken by conquest; the only thing that I have to say is that the land belongs to me. By Te Waata —AYe went away peaceably; we fought with Ngatipaoa, and other tribes ; some of them had been killed before we left; Ngatimaru took the whole district, your lands and ours also. Karanama, sworn —I am a Ngatiraukawa; I live at Otaki; I claim this land with the whole of 4—Gr. 3.

G.—3

14

Ngatiraukawa ; I have cultivated on the places in the block mentioned by Parakaia and Te Watene ; I cultivated them along with my elders ; the names of the pieces of land are, Te Manehu, Mangaroa, Warewareki, Te Tapae, Te Kakara, AVairengapoka, and Te Beiwa; these are the only places which are cultivated in the block; I cultivated them conjointly with the elders of Harete Te Waharoa; we cultivated at Pukekura; it was a large cultivation ; Hetoheto was her elder ; the reason of his coming there was his relationship to Kauwhata. Kauwhata, Wehiwehi, Tutete, Ngako, Hikaior, Paroro, Paneparoro, * Te Puna, Poroaki, Hetoheto. Hetoheto cultivated at Pukekura; Harete is the only person on the other side who has a claim to this land; we fought with the elders of the other side on account of the murder of Huio, but they were not able to conquer us ; this was the cause of our quarrel; the reason of our going to Kapiti was Te Bauparaha invited us to go, saving that there was a great number of white people living there ; we left from this cause, and stayed at Taupo ; Ngatimaru came as an armed body to fight with the Urewera; when they came to Taupo, they fought with Ngatitau, and some of us were killed, viz., Kuhupo, and Pourahi; these persons were killed in payment for Te Waka, of Ngatimaru; he was killed by Ngatiraukawa ; the cause of our fighting with Ngatimaru was not land ; Matene Te Whiwhi has a claim to this land; also, Te AVirihana, Te Boera, Te Aokaramu, Kiriona, Hapeta, Bopata, Penehira, Te Bei, Te Paehua, Te Bei Parewhanaki, AVereta Te Waha, Eapata Te Hioi, Karanama Te Bangiwhakatapu, and Tonihi; these are all I know. By Te Hakieiwhi —Tho reason of our going to Kapiti was to look after Europeans (aru i nga Pakeha) ; I left my children and wife at Te Whaotu ; I came back with others a year after, and took our friends away; we came to take them away to Kapiti; we also left some behind to look after (tiaki) the lands at Maungatautari, and Te Whaotu ; the person we left at Maungatautari was AVi Tamihana's daughter ; I have come back to my land, inasmuch as I now put in a claim to it; this is the only time I have returned ; I will put myself in possession of the land; our residence is Te Whaotu. Court adjourned to next day. Novesibee 4th, 1868. PUKEKURA—Continued. Te Rau, called —I am a Ngatiraukxwa; I live at Otaki; I claim the land at Pukekura ; I have not cultivated there, but my elders have ; my claim is from my ancestors ; " He take tuturu toku take no toku tupuna me Ngatiraukawa katoa ;' we left the land in possession of Ngatikaukura ; they brought my mother back to live on this land ; the man who brought her back was Paora Te Pae; my mother had children born here; one is called Te Hara; he is now at Hauraki; he lived at Maungatautari. and Te Wera-o-te-Atua ; I had news to the effect that my mother was dead; she died at Maungatautari; I came here in 1556, to Maungatautari, and Ngatikaukura wanted me to take my sister back to Kapiti; I did not consent; my father came afterwards ; we left my sister to look after the land ; this is the third time we have come here about this land. By Te Eaihi—Did you come from Pukekura to the Court ? I came from the Government boundary ; I came from Kapiti; Ido not know how many miles Kapiti is from this place ; I have no house on the land, but my forefathers had; they went to Kapiti, and died there. Huka, sworn —I am of Ngatikaukura ; I live at Maungatautari; I know this land, Pukekura ; I have a claim to this land ; myself and Harete Te Waharoa, are the proper owners of the land; these are tho only owners I recognise. Wiremu Te Whitu, sworn —I am a Ngatikaukura, and live at Maungatautari; I have a claim to Pukekura; I was born at Maungatautari; the proper owners of the land are myself, Huka, Harete, and Te Eau; Ido not recognise any others ; Ido not recognise those who were mentioned yesterday ; I claim from my ancestors ; I was born at Maungatautari; my elders cultivated on this land, lam related to Ngatihaua, to AVaikato, and Ngatiraukawa; this land belonged to my ancestor Tv Tete. Tv Tete, Parekarewa, Matau, Pani No. 1, Pani No. 2, Iriwhata, Te Toanga, Te AVhitu, AViremu Te Whitu (myself), this is my claim from my ancestor ; Takingawairua is the boundary of Harete's piece in this block; it goes from there to Mangapiko, and follows that river; the other portion is mine ; I have cultivated on this land, as also my forefathers; I have cultivations there at the present time. By Te Hakieiwhi—We there are the sole owners. Te Eaihi, Te Hakiriwhi; also the persons called "Ha we Kuihi," you mentioned yesterday are the owners. The whole of Ngatikaukura were left as " kaitiaki" of the land. lam their " putake." it was asked if any of Ngatikoroki had any claim ?

15

G.-3

Ihaia Tioriori, sworn —I am a Ngatikoroki; I claim this land; Ngatiraukawa owned the land formerly ; Ngatipaoa and Hauraki Tribes fought with us and also with Ngatiraukawa ; we left Horotiu, and Ngatipaoa took possession; we went to Eangiaohia and Maungakawa; Ngatiraukawa went to Wharepuhunga; I came from Eangiaohia to Maungakawa; Ngatiraukawa went to Te Whaotu; Ngatimaru and Ngatipaoa followed Ngatiraukawa; Te AVhatakaraka and Te Hereara were killed; Ngatiraukawa then went away to Kapiti. The land was taken possession of by Ngatimaru and Hauraki Tribes; after Ngatiraukawa went away, Ngatimaru and Ngatipaoa fought with us; we were defeated twice ; Ngatipaoa left Horotiu and took possession of Maungatautari; they then attacked us at Maungakawa and we defeated them; they then came back and killed some of us who were living at Hamilton ; w re afterwards attacked and defeated them. After this Te Waharoa joined us, and we defeated Ngatimaru at Taumatawiwi; Ngatimaru and Ngatipaoa were then led back to Hauraki; we took possession of the land after this, i.e., our own lands at Horotiu, and Ngatiraukawa's land at Maungatautai, and we have held possession to the present time, i.e., Ngatikoroki and Ngatihaua have. Some time ago Te Waharoa and other chiefs invited Ngatiraukawa to return and leave Kapiti. Their answer was, "He aha te ngako ote oneone kia hoki mai Ngatiraukawa;" they did not accept tho invitation. By Paeakaia —Ngatiraukawa were invited to come back ; they did not accept the invitation ; they said "He aha te ngako, &c." I had the sovereignty over the land when the Queen came here; I have heard that the Government invited the Maoris to give in claims for their lands, but your claim must be for your own land ; this land is mine. Piripi Whanatangi, sworn —I am of Ngatikoroki; I know the land Pukekura ; Pukekura is one hill, Maungatautari is another; Pukekura is a small hill, Maungatautari is a large one ; Pukekura was taken by conquest; in that time there was no talk of relationship or giving the land back; after I had conquered I occupied and held the land by force of arms. I did not hear of these expressions, " hawe kaehe," and " whenua tuku kite tangata ;" Hauraki, i.e., Ngatimaru and Ngatipaoa took this land ; there was no word then as " hawe kaehe," or " whenua tuku kite tangato ;" I fought with those tribes ; Taumatawhiwhi'was the last battle ; I defeated Ngatimaru and Ngatipaoa, and took possession of the whole district; the only claim I acknowledge is that by conquest. By Paeakaia—Te Wera-o-te-Atua and other places you mention at Maungatutari are mine by conquest; when you came from the South you found me living at Maungatautari; Ngatikahukura have residences there as well as myself. Aperahama Tv, Te Rangipouri, sworn —I am a Ngatihaua; I live at Taupo, I went there on account •of my wife; I know this land, Pukekura; the proper owners are Ngatihaua, Ngatikoroki, and Ngatikahukura, but not Ngatiraukawa ; it belonged to Ngatikauwhata and Ngatiraukawa formerly ; my ancestors fought with Ngatiraukawa, and took Eangiaohia and one side of Maungatautari; Ngatiraukawa went to AVharepuhunga; Kawhia belonged to Te Eauparaha; we took it, and he went to Kapiti; the Ngatiraukawa heard of this, they were at Te Whaotu; after this Ngapuhi came ; and Ngatimaru and other tribes of Hauraki came here from fear of Ngapuhi; they lived here ; they killed one of us called Te Hou; we went to Maungakawa, and this place we are now upon was taken by Ngatimaru ; Ngatimaru killed the AVhakaete ; Ngatiraukawa lived at Purakanui; Ngatimaru attacked them, Te AVhatakaraka was killed; Ngatiraukawa then remembered that Te Eauparaha had taken Kapiti, and they went there to join him ; Ngatimaru then took possession of the whole district. We came from Maungakawa to Pukekura to attack Ngatimaru, and fought them at Hauwhenua ; W6 were defeated, and lost thirty men ; we attacked them afterwards and defeated them; they fought us afterwards and we defeated them at Te Kaweitiki, at Maungakawa : they then returned to Maungatautari •. on their return they killed some of our people who were living where Cambridge now stands, they killed, cooked, and eat thirty of our people ; Te Wahoroa and other chiefs of AVaikato then joined us ; we attacked them at Taumatawiwi, and utterly defeated them, we cooked and eat them ; the remnant who were saved were led back to Hauraki; after this we took possession of the whole district. By Paeakaia —The defeats I have mentioned, Ngatimaru inflicted on you; you have won a battle of them; our ancestors fought, but we personally have not fought with each other; Ngapuhi came to kill us all; Waikato were defeated by Ngapuhi; we were defeated by Ngapuhi, and fell back on Ngatiraukawa; the reason was that we were at peace with Ngatiraukawa at that time ; Ngatihaua, Ngatikoroki, and Ngatikaukura own Tauaro, Eaupekapeka, Tapae, Hauwhenua, AVera-o-te-Atua, and Pukekura, from conquest. Nepia Marino, sworn —I live at Maungatautari; lam a Ngatikoroki; I know the land in question ; I have no claim from my forefathers ;my claim is my arm; I have heard claims made to this land through other channels, but the only one I recognize is conquest. Te Tira Te Kono, sworn—l am a Ngatihaua ; [ live at Tamahere ; I know Pukekura, I have a claim to that land from my forefathers, and by conquest; My ancestor was Kauwhata-—Kuri was a descendant of his, from whom sprung Ngatikuri; my principal claim is conquest; the forefathers lived in time gone by, but the conquest is of recent date, and it is only now that the Court is opened that I consider that the matter will be settled ; and I shall be awarded my land. Hone Te One, sworn —I am a Ngatihaua and Ngahikairo; my ancestors lived at Ngaroto ; I have not lived at Pukekura; Ngatiraukawa owned tho land formerly, along with Ngatikauwhatu, but now it belongs to me; my talk is the same as the others; Ngatiwhakatere, Ngatiraukawa, and Ngatikauwhatu were defeated by Ngatimaru, and went to Kapiti, and the land was held in possession by Ngatimaru; we defeated Ngatimaru, and now Ngatihaua and Ngatikoroki hold the mana over tho the whole district; the whole of the land from Maungatautari has been taken from Ngatiraukawa; I live at one end, and Ngatihaua live at the other. By Paeakaia —We fought against each other until you left for Kapiti; I went to Taupo and came back ; I was driven away by Ngapuhi; you did not bring me back to my land ; my mana I still hold over all the land outside the Government boundary, Ngatiraukawa owned the land formerly, but I hold possession of it at the present time.

16

G.—3

Parakara Te Rorako, sworn —I am a Ngatihaua ; I claim this land from conquest; I own conjointly with Te Eaihi and others; my only claim is from conquest of Ngatimaru ; I did not take the land from Ngatiraukawa ; our fighting with Ngatiraukawa was in former times. Teni Ponui, sworn —I live at Matamata; lam a Ngatihaua; I havo a claim to a portion of this land at Hauriro and Kariaruhi; my claim is not from my forefathers, but Ngatimaru and Ngatipaoa held possession of the land under Marutuaho ; I drove him away, and took possession of the land. Te Whitu —I am a Ngatiraukawa, and related to AVaikato; I live at Maungatautari; I lived there before the rebellion; I know the land called Pukekura; I have a claim to it; I claim it through Kauwhata, Wehiwehi, Tutete, Parekarewa Ngatokowaru, Matanu, Pani, Pani No. 2, Iriwhata, Te Toanga Te AVhitu, Te AVhitu (myself) ■ I have always lived at Maungatautari; lam the rightful owner of Pukekura. Huka, —recalled at the request of Parakaia. Pukekura is land which was given to me by Te Wharepakaru, Te AVhatu, Te Whena and Matauruaho; it was given to myself and Harete Te Waharoa ; we occupied the land with Ngatiraukawa ; Ngatiraukawa went away, we remained; we were there during the fight with Ngatipaoa; we fought with Ngatihaua and all the Waikato tribes against Ngatipaoa, and Ngatipaoa were defeated, and we occupied the land with Ngatihaua unto the present time. The Court then told the Natives that the evidence in this case had been written down; that the Judges would give their consideration to the claims of both parties, but would advise them to settle the matter if possible amongst themselves. If they could not do so, the Court would deliver their judgement when they had arrived at a decision. At the same time the Court would hear the evidence in the next case. 9th Novembee, 1868. The Court then proceeded to give the following judgement on the claims to the Pukekura, Maungatautari and Puahue. The claims preferred by the Ngatiraukawa Tribe, who reside at Otaki to the land called Pukekura and Maungatautari containing respectively 8393 acres and 5491 acres, having been formally abandoned by Parakaia in Court on Saturday last, a certificate will be ordered in favor of Te Eaihi, Piripi Whanatangi, Iloromona, Hakiriwhi, Irehia, Hori AVirihana, Hemi Kokako, Parakaia Te Korako, Maihi, Karaka, Te Waata, Te Eeweti, Te Hura, Te Ngirangira, Huka, Te AVaaka Ngai, Meretana, Hori Puao, Harete Tamehana, Eeone, Wiremu Te AVhitu, Ihaia Tioriori, Aperahama Tv Te Eangipouri, Nepia Warino, Te Teira, Te Kono, Hone Te One, and Teni Ponui, for the block of land called Pukekura. 12th Novembee, 1868. Letter read signed by a number of the acknowledged owners of this Block requesting that the names of Te Watu Tahi, Harete Tamehana, Eeweti Waikato, Hakiriwhi, Hori Puao, Piripi Whanatangi Hemi Kokako, AViremu Te Whitu, Pirihi, and Hori AVirihana be inserted in the Crown Grant for this block. Ordered by the Court that the Crown Grant for Pukekura be made in favor of the above named persons in trust for themselves and the other persons acknowledged as owners, and mentioned as such by the Court in their judgement delivered on tho claim to this block of land on November 9th, 1868. There was on opposition to this on the part of any of the claimants. Eees. £ s. d. Investigation ... ... ... ... ... 3 0 0 Examination of Plan ... ... ... ... ... 10 0 Certificate ... ... ... ... ... ... 10 0 Crown Grant ... ... ... ... ... ... 10 0 £6 0 0

Enclosure B. MAUNGATAUTAEI. Claim called at Cambridge, 20th Novembee, 1867. Present —John Eogan, Esq., Judge j and Hare Wirikake, and Hone Mohi Tawhai, Assessors. Notice read. No appearance. Plan produced. Case adjourned. Called again at Cambbidge, 22nd Novembee, 1867. Claim eead. Pene Tamahiki, called —No appearance. Hakiriwhi made a statement that when he and Te Eaihi were at Maketu they saw Pene Tamahiki, and he said to him, " Have you received a notice about your land, Maungatautari ?" He said " Yes." I said—" If you wish to go there think within yourself for some reason for your going, lest you should tire yourself to no purpose, or it will be like your going to the last Court for nothing." He said—

17

G—3.

"You are right. Who is going there? My going to Cambridge was to no purpose, and I know that you have got the land." Parakaia Te Pouepa —l come to the Court to have the investigation adjourned, because lam by myself. Eruera Te Uremutu, from Eotorua, of the Arawa tribe, said that when a chief returns land it is considered a great thing ; Porokoru, Horomana, and other Waikato chiefs gave back Maungatautari to us; I come from the Arawa; the boundary of their land is the Government confiscated block ; I come for the same purpose as Parakaia. Hohua —l come from Eotorua; I come to ask to have the investigation of Maungatautari delayed. Pene Te Hapupu —l ask to have the lands outside the confiscated block adjourned, i.e., Maungatautari. Htnare Wiremu, of Maketu—l have a claim to Maungatautari; I have only come to talk about the confiscated boundary. Piripi —I come from Kapiti—l came with Parakaia ; I speak the same as Parakaia. Te Kipihana —I come from Eotorua to make an application for an adjournment, so that all tie hapus to whom the lands belong may come to the investigation. Hone Makoho —l am a Ngatiraukawa; I live at Te Whaotu ; I ask for an adjournment of the lands of Ngatihaua and Ngatikoroki; I have a claim to Maungatautari. Rini Potene, of the Arawa—l live at Eotorua; I have a claim to this land ; I come to speak about the Government boundary ; I came of my own accord—no one told me to come. Te Katene, of Ngatiraukawa—l have a claim to Maungatautari; I ask for an adjournment of the investigation of that land. Judge Eogan said that the Court would take their applications into consideration, and they would be told the decision on Monday and, that for the present the Court would adjourn. 25th Novembee, 1867. Place, the same. Present, the same. MAUNGATAUTAEI—Continued. Hakiriwhi said—This land is mine by conquest. He then gave an account of their war with Ngatimaru and Ngatipaoa. After we had driven these tribes away Maungatautari was taken by us ; we occupied tho land, and it was divided amongst Ngatihaua and Ngatikoroki tribes. Judge Eogan said—Parakaia and other persons of the Ngatiraukawa and Arawa tribes had requested that the investigation of the land in the Maungatautari District, which had been gazetted for hearing, might be adjourned. There are also other applications to the same effect. The Arawas say that the road is aukati. Parakaia and the other Natives desire to have time to bring all the Natives on their side, who have claims, to appear in Court. This land has been advertised twice for hearing. The AVaikato tribes have appeared according to the notice. Parakaia and his friends have had notice, yet they did not bring their friends with them. Notwithstanding, the Court consents to the adjournment, lest it be said that all the Waikato tribes were here, but the other parties, who had claims, could not come to the Court. Also, he wished to leave no opportunity for the applicants to make a further application for an investigation, by continuing the investigation ; but if they did not come when the next notice was published the land would be investigated. Case adjourned. 4th Novembee, 1865. MAUN GAT AUTAEI. Claim bead. Waata Parakaia, sworn —I reside at Maungatautari; I know the land at Maungatautari contained in this map ; I have a claim over the whole block ; I am a Ngatihaua and a Ngatikaukura ; the owners of the land are Waata Parakaia, Ihaia Te Ori Ori, Te Eaihi, Te Hakiriwhi, Hote Te AVaharoa, Tana Te AVaharoa, Harete Te Waharoa, Aperehama Tai, Te Eangipouri Piripi, Te Whanatangi, Nepia Marino, Te Waharoa, Tini Ponui, Irihia Te Kauae, Eeone, Tarika Te Hura, Parakaia Te Korako, Maehi Ngakuku, and Te Eeweti Waikato ; there are many other claimants, these are the chief men, but the land belongs to the whole of Ngatihaua ; Mr. Campbell surveyed the land, we told him to do so ; we claim the land from conquest; the first conquest was in the time of Koroki and Taowhakairo; after this peace was made, and the tribes lived together; after this Ngatipaoa fought Ngatiraukawa and took possession of Maungatautari; we fought with Ngatipaoa subsequently with various success until the battle at Taumatawiwi, when Ngtipooa were entirely defeated, and the remnant of the tribe were led back to Hauraki; we then took possession of the district; our elders invited Ngatiraukawa to come back to Patetere, Te Whaotu, and AVharepuhunga; these pieces of land were returned to Ngatiraukawa by my ciders from a kind feeling towards them, and they are living there at the present time; there are no Ngatiraukawa living at Maungatautari now ; the only way in which Ngatiraukawa have returned there, is, they have paid visits to some of the residents to whom they are related, and they still do this at the present time. Te Raihi, sworn—l am a Ngatihaua; I know this land Maungatautari; lam a claimant, the claim is from conquest; in 1821 the war commenced with the Hauraki tribes ; their land was at Hauraki ; this land belonged to Ngatiraukawa; their ancestor was Taowhakairo, mine was Koroki; they were own brothers ; some of the land belonging to Ngatiraukawa was taken from them at that period; the Hauraki tribes came and settled at Maungatautari, they were driven away from Hauraki by Ngapuhi; 5— G. 3.

18

G—3

when they came from Hauraki they settled at Horotiu and took possession of our land, and we went to the Maungakawa hills ; we fought with them with various success until we were joined by Te AVaharoa and Waikato tribes, and my talk is the same as that of Te AVaata; we conquered Ngatipaoa at Taumatawiwi, and sent them back to Hauraki; we then took possession of the whole country, and are in possession now. Aperahama Tv Te Rangipouri, sworn —I am a Ngatihaua; I live at Taupo; I know the land at Maungatautari; the land belongs to Ngatihaua, Ngatikoroki, and Ngatikaukura; we claim it from conquest; there are no other parties to whom the land belongs; Ngatiraukawa owned the land formerly. Te Hakiriwhi Te Pourewa, sworn —I am a Ngatihaua; we claim the land from conquest; we did not take it from Ngatiraukawa, but from N gatimaru; we obtained the land from fighting with N gatimaru; they came here to Horotiu, they were driven from Hauraki by Ngapuhi: they took our food away, also our cultivations, and we fought them then, each side lost a man; we then went to live at Maungakawa; Ngatimaru followed us to Maungakawa, and took away our food that was in the ground, also our land that we had cleared; about this time an armed body of Waikato men arrived at Maungatautari, they were on their way to Ahuriri; Ngatipaoa killed some of them, Waikato sought payment for this; we fought Ngatipaoa, and 1,000 men were killed at Maungakawa; they then went to Maungatautari, and obtained possession of the whole district; they attacked a pa of ours, and we defeated them ; we fought them afterwards at Tamahere, and defeated them; Te Waharoa heard of this and came back from Tauranga, and we fought them at Te Tiki o Hingaroa, i.e., Taumatawiwi, and killed a thousand of them; this defeat entirely broke the Hauraki tribes, and the remnant were led back to Hauraki; we thus became repossessed of our own land, and also of Maungatautari, which we divided amongst us; I was there at the time; the hapus who now own the land are Ngatihaua, Ngatikoroki, Ngatikaukura, Ngatihourua, Ngatihura, and Ngatipari, also Te Euarangi; we thus obtained this land from conquest and from no other source. Reone, sworn —I live at Tamahere; I have a claim to Maungatautari from conquest; I have heard what Te Hakariwhi has stated ; we fought with Marutuahu with various success, until we conquered him at Taumatawiwi, when we took possession of the whole district. Aramete Te Waharoa, sworn—l am a Ngatihaua; I live at Tamahere ; I have a claim to this land ; we fought with Ngatiraukawa in former times ; in Koroki and Te Oro's time, Te Oro killed a number of Ngatiraukawa, and was killed himself by them afterwards; Ngatimaru fought with Ngatiraukawa, and took possession of their land; Ngatihaua fought Ngatimaru, and took the land from them ; Ngatimaru were led back to Hauraki; after that, they returned and fought me, at Matamata, and that was the cause of my obtaining Te Aroha ; no one has driven us off the land. Rereama Tuwhare —I am a Ngatihaua; I claim the land in the same way as that mentioned by the former witnesses ; w 7e own the whole of Maungatautari round to Te Aroha ;my father was killed at Maungatautari, by Ngatimaru. Rehia Te Kauae, sworn —I live at Maungakawa ;lam a Ngatihaua ; I claim this land in the same way as has been stated by the former witnesses, by conquest. R. E. M. Campbell, sworn —I am a licensed surveyor; I surveyed this land; I produce this map ; Mr. Hamlin employed me to make the survey ; Honi AVirihana, Tamiti Turoa, and Tapeta, accompanied me on the survey, and told me the names of the various places ; all the Ngatihaua knew that I was surveying the land; I did not meet with any obstruction; I have no claim for survey ; the map has been passed by the Inspector of Surveys, and I have conformed with all the rules; the block contains 5491 acres ; the boundaries are, commencing at the junction of the Hanoira Creek with Waikato Eiver, and following that creek, which constitutes one of the boundaries of the Pukekura block on the South, by surveyed line to Hora Hora block, on the East by Hora Hora block, and on the North by AVaikato river to the point of commencement. Piripi Whanatangi, sworn—l am a Ngatikokori; I know this land ; I reside at Maungatautari; I have done so continually since the time I took it by conquest, up to the present time ; I have heard the names of the parties mentioned as claimants; there are no other owners ; I state the same as that which has been said by former witnesses ; I am the principal owner, from my continual occupation of the land, from my cultivations ; I have made my mill that is on the land, and my " AVhare Karakia" (church) which I have built, this is the reason I consider that I am the principal claimant. Hami Kokako, of Ngatihaua—l live at Maungatautari; I claim this land; lam a continual resident; my claim is the same as that made by the others. Hakiriwhi stated that all the witnesses they had to bring would speak to the same effect. The Court adjourned to next day. sth Novembee, It was found that the claim made by Hakiriwhi to Te Karaka and other placeß, was the same land as that under investigation. MAUNGATAUTAEI—Continued. Parakaia Te Pouepa, sworn—l am a Ngatiraukawa; I live at Otaki; I knorr this land, Maungatautari; I claim it with the whole of my tribe ; the names of the claimants are, Parakaia Te Pouepa, Te Eei, Tonihi, Karanamu, Te Euanganga, Watene, Wi Bete Te Eai, Eikiana Te Wairoa, Tamehana Noho, Kotahi, Tamehana, Te Hoia, Enoka Te Whanga Kerekeha, and many others; this land belongs to us; my forefathers took this land in former times from Ngatikare, and Ngatimaru; the names of my ancestors who took the land were Koperu, and Hape; the cause of Hape's having killed these people was a murder which they committed : the name of the man who was killed was Kanamoroa; he lived amongst Ngatimaru, and they burnt him, that they might have the land for themselves; this deed was kept secret, but they quarrelled amongst themselves, and the affair was told ;

19

G—3.

when it was known that Ngatimaru had murdered Kanamoroa, Ngatiraukawa sought payment, and they took Kotoretaunoa, a pa belonging to Ngatimaru ; this tribe was very strong ; they were thousands in number, and they sought payment for the taking of the pa ; Hape killed them in such numbers that his people could not eat the slain, and they were left on the ground for the hawks to eat; this is the origin of the name Kai-o-te-kahu ; after this, Koperu came ; he is also an ancestor of mine ; Ngatimaru had been destroyed, and their lands had been taken possession of by Ngatiraukawa j their land was Horotiu, Maungakawa, and the whole of that district; Koperu's wife belonged to Ngatikare, Ngatihotu, and Ngaetai, who lived at Maungatautari; the cause of the quarrel was about eels; Kopera's wife had been told by her elders not to inform Koperu that they had any large eels; she, however, out of love to him, brought him a piece of a large eel (pou) ; when he saw this, Koperu knew how he had been deceived, as they had only given him the small eels; consequently he quarrelled with, and killed those hapus ; the chief who was killed was Te Kapua; he was the head man of the Ngatikare and Ngatiamaru; peace was then made ; Pokohowhatoa was the name of their pa, but it had not been taken ; they asked for peace, that they might murder Hape and Ngatiraukawa ; AVhareturere Te Bua, and Tapae, were the chiefs who wanted to do this ; they conspired together to kill Hape at a feast of fern root, but he found it out, and killed Karitapu, and all the chiefs of his tribe; the remnant of the tribe retreated to other portions of their land, and lived with another part of the tribe at AVaihou; peace was made after this ; Te Bangitiki then wanted to commit murder ; he called a meeting to be held at Turangaomoana, in a large house there; he wished to get Hape and Ngatiraukawa into this house, and there murder them ; Ngatiraukawa went into this house ; their chief men were Hape Tikihiku, Wairangi, Upokoiti, Tama Te Hura, Maramakotia, and Morerua, also many others ; the two hundred men of Ngatiraukawa were invited into the house, and the ovens were lighted as for cooking outside; they were lighted by the party who intended committing the murder; the cooking commenced early in the morning, but it was only pretence, for the ovens were filled with rubbish instead of food ; the party in the house sent a man to see if it was food or not that was being cooked ; he heard some women talking together and saying that it was the intention of the people of the place to gather the whole of the people in Waihou to kill the party in the house, and that was the cause of their pretending to cook food, for it was a signal to the people round about to come and kill them; the man returned and reported this to the men who were in the house. The chiefs of Ngatiraukawa then said, let us haka; they haka'd "TeHia-o-ia-rangi," <fee.; the people outside hearing them, collected round the house to hear the haka, and when the haka was finished, Ngatiraukawa fell upon them and killed them, and took possession of their lands ; the descendants of Hape are —Hape, Te Buinga, Haperori, Puia, Ngakoro, Uia, Parakaia, Te Bei, and Hori Ngawhare : Karanamu and others are also descendants of Hape; he then traced the descent of several other parties belonging to Ngatiraukawa ; peace was made after this, until the time I became a man and went to Kapiti; the persons who fought with us were those who form the King party; I now speak about our fight with Ngatimaru ; the cause of Ngatimaru coming here was they were driven away from Hauraki, and Te AVaharoa brought them to Horotiu ; Ngapuhi was the cause of their coming ; the cultivations belonging to Ngatihaua were given up to them ; Ngatihaua were the people who entertained them; we were living at Maungatautari at this time; Ngatipaoa came afterwards, and lived with Ngatihaua at Tauapukapuka; some of Ngatipaoa were killed by Ngatihaua; the cause of the quarrel between us and Ngatimaru was a slave; he ran away to Ngatiraukawa ; Ngatimaru and Waikato went to Te AVhaotu; we were on our road to join Te Bauparaha at Kapiti; they followed us, and took five guns; our chief man they hit on the nose, and took his gun away ; we formed a party to demand the return of these guns; they fired on us, and Tumutai, of our party, was wounded ; we then had a fight, and four of Waikato and four of Ngatimaru were killed ; Ngatimaru formed a large war party, who went to fight with Te Urewera; they killed some of our tribe on that occasion. By Te Baihi —-AVaikato are different from Ngatihaua; you did not take Te Angaanga ; Eewi's and the King's party took it. Te Rei Te Paehua, sworn—l am a Ngatiraukawa ; I live at Otaki; I have a claim to this land ; I left this peaceably, and went to Kapiti; I was not there any length of time, when Te Awaitaia asked me to return to Maungatautari; afterwards, Te AVhero AV^hero did the same ; Kiwi and Te Boto did so likewise ; some of our people came back on these invitations ; some of those persons are dead, some are here ; Kingi Hori, Te Matia, and Wareta returned, and Porokoru and Te Haunui gave them back the land ; Honi Te Tihi, and Te Peina came to Ngatikoroki, and Te Ngongo gave Maungatautari up to them; these are the reasons why Ngatiraukawa are here to-day. By Hone Te One—Some portion of Ngatiraukawa came on Te Whero AA'hero's invitation, I came on Te Ngongo's invitation; the whole of Maungatautari was returned to us ; I did not hear that Waikato held the whole district to Wharepuhunga; they came to fetch me from Kapiti; the cause of my going to Kapiti was I was afraid of Ngatiwhatua and Ngatimaru ; I was not afraid of Waikato; when we fought with you we were equal; we fought here in AVaikato, you are living on the land at the present time. Tonihi Te Ra, sworn —I am a Ngatiraukawa ; I live at Otaki; I know Maungatuatari; I have a claim there ; I do not understand a map ; my land is called Otaipari. Te Watene, sworn —I am a Ngatiraukawa; I live at Otaki; 1 claim Maungatautari. (He then declined to give further evidence.) Te Rikihana, sworn —I am a Ngatiraukawa and a Ngatikoroki; I havo lived at Maungatautari, at present I live at Otaki; my parents went to Kapiti, and I was born there; some of my elders (matua) returned to Maungatautari; I was a child when I returned with my parent, and land was given back to us at Karuaruhi, Ngatikoroki returned the land to us; I returned to Kapiti in 1853, and I left my elders (matua) of Ngatikoroki on the land ; the claim I have is from my forefathers on the Ngatiraukawa side ; I have also a claim from being related to Ngatikoroki and Ngatikaukura; this is the third time I have returned here, this is the only time I have returned since 1853 ; I cultivated before that about fourteen years.

G—3

20

By Hakieiwhi —I come here to claim land contained in the map; I know this land, I cannot point out the boundaries on the plan ; the only name I know is Maungatautari; I do not know the names of the pieces of land in the map, this land is mine; I did not authorize the survey, you did perhaps; Ido not know why you surveyed the land. Te Rau Angaanga, sworn—l am a Ngatiraukawa, I live at Otaki; I know Maungatautari, I was born at Maungatautari; Ido not know when I went with my parents to Kapiti; the land which I claim is at Hora Hora and Te Wera-o-te-Atua; my parents lived there until they went to Kapiti; this is my claim; Ngatikaukura brought my mother back from Kapiti, and she died here; I came back here in 1856; I found my mother was dead, but her son is alive, he is at Hauraki; I stayed about two weeks and returned to Kapiti; my father came here afterwards ; the reason of his coming was that Ngatikaukura said that my sister might return to Kapiti, but we did not agree to this ; I did not cultivate, the only cultivations were those my matuas made before they went to Kapiti. By Hakieiwhi —I come here to claim the land on this map, I know this land ;I do not know how to give the names of the pieces of land ; the reason you surveyed the land was that I was away at Eapiti; I went there of my own accord ;" I haere ano au i runga i toku haere noatu;" I have not cultivated here, but my parents did ; the reason why I did not cultivate was I went away a very little child; my dispute about your survey is this, I have come here into the Court and made a claim to the laud. This ended the evidence on both sides. The Court reserved judgment in order to give consideration to the evidence. 17th Decembee, 1569. MAUNGATAUTAEI. Claim bead in Covet. Claimants were informed by the Court that the cause of this land being again called on for hearing, was that at the former investigation the names for the Crown Grant were not decided upon; time would now be given them in order that they might be able to make up their minds on this point. When they had prepared a list they should hand it into Court. 21st Decembeb, 1869. MAUNGATAUTAEI. The case was adjourned to a future sitting of the Court, the Natives not being able to come to a decision as to what names should be inserted in the Crown Grant. ISth Apbil, 1871. Court sat at Hamilton. Present: —Henry A. H. Monro, Esq., Judge ; Hori Kukutai, Assessor. Maungatautari —Subdivision claim. " Maungatautari, Nos. 1 and 2." Maps produced in Court not certified by Inspector of Surveys. Mr. C. O. Davis appeared as agent, and stated that the land had been divided into two blocks, and they had separate surveys of each, aud the Natives had agreed as to the names of grantees in each case. Papers containing names handed into Court. Hakiriwhi Pourewa, sworn—Examined by C. 0. Davis —The two blocks are known as Maungatautari, Nos. 1 and 2 ; we have arranged amongst ourselves as to the grantees; they are written on the papers handed into the Court. (Names of proposed grantees read out in Court by his Honor.) AYe wish the blocks of land to be inalienable by sale. Rihia Te Kauai, sworn —I am one of the claimants in this case ; I have heard the names of the proposed grantees: we are all agreed, and also wish the land to be made inalienable. Waata Tahi, sworn —We have agreed to subdivide this land, and as to the names of the proposed grantees; we also wish the land to be made inalienable ; the names just read over are correct. Tenei Ponui, sworn —I have heard the evidence of the previous witnesses; it is correct, we are all agreed. Aramete Te AVaharoa applied to the Court to have his own name withdrawn, and that of Piripi Te Matewha inserted instead. Proclamation made ; no objection. Aramete's application was allowed by the Court. R. E Campbell, sworn —I made the original survey of Maungatautari, and I have now made a division of the land; I received my instructions as to dividing boundary from Mr. Hamlin; it is a natural boundary, a creek that runs through the middle, being a natural boundary, I had not to cut lines, merely traverse; I have no lien on this land for survey.

Enclosure C. PUAHOE (Puahue Block.) Covet sat at Cambeidge, Waikato, 25th Novembee, 1867. Present—John Eogan, Esq., Judge; Hare Wirikake, and Honi Mohi Tawhai, Assessors. Claim bead. Parakaia asked for an adjournment. Granted.

21

G.—3

Parakaidldbjectei to the claim being investigated, on the grounds that some of the owners were away amongst the Hauhaus. Te Reweti Waikato, sworn —We fought with Marutuahu, and took the land in the same way as that mentioned in the former cases; my claim is from conquest entirely ; this is the reason I have surveyed the land, and asked for an investigation ; a portion of Ngatiraukawa's land we took ourselves afterwards ; Marutuahu took a portion, and drove Ngatiraukawa away ; we conquered Marutuahu, and then we became sole possessors of the land. Te Waata, sworn —I live at Maungatautari, and also at Puahoe; I know this land ;it belonged to Ngatiraukawa formerly; it now belongs to me; the claimants are those mentioned by Te Eeweti; Taumaihi and Te Tarua were pas on this land which belonged to Ngatiraukawa; we took those pas, but the land was not regularly taken away by us until the defeat of Ngatipaoa, and Ngatimaru; we then lived on the land, and are the occupants at the present time. Hoani Pakura, sworn—l am a Ngatiapakura; I live at Maungatautari; I lived formerly at Eangiaohia; I came to Maungatautari on account of the war ; 1 know this land; the portion I claim is the flat land called Panehakua ; it is included in this survey; my statement as to the claim to the land is the same as that made by Te Eeweti; Ngatiapakura were engaged in the fight with the soldiers ; I have a house on this land; there are no persons who have disputed our occupying the land. Wini Kerei, sworn—l am a Ngatiapakura; I claim Panehakura; I have cultivated, and have a house on the land ; I lived at Bangiaohia formerly; my place of abode is at Maungatautari. Hori Te Warau, sworn —I lived formerly at Eangiawhia; I now reside at Maungatautari; lam a Ngatiapakura; I know the land under investigation ; I have cultivations at a place called Panehakura ; there are many of us who claim this land ; I was at the survey of the land with Mr. Campbell; there were six of us ; we did not meet with any opposition ; my claim is the same as that stated by former witnesses ; I have been over all the boundaries of the block ; I have heard what has been said about Ngatiapakura; when the war with Ngatipaoa was finished, Te AVaharoa said, " Let Ngatiapakura's land be returned to them ;" the hapu who own this land are Ngatikaukura, Ngatiruru, Ngatiapakura, and Ngatikoura. Aperahama Tv Te Rangipouri, sworn —I live at Taupo ; I am a Ngatihaua; I know this land ; I have heard Te Eeweti's statement, it is correct; I was not at the survey ; I have only now returned here ; this land was taken by conquest, and we now hold possession of the land ; some time ago Ngatiapakura fought with Ngatikoroki, and the latter were beaten ; Te AVaharoa was angry at this (pouri) ; the Ngatihaua went to take payment, and to a pa belonging to Ngatiapakura, called Kaipaka ; the parties who were thus fighting with each other were nearly related; when the land was taken from Ngatimaru, Te AA 7aharoa recollected that Ngatiapakura were not of a different tribe, and said, " Let the land of Ngatiapakura be returned to them ;" I myself heard Te Waharoa say this. Tarika Te Hura, sworn —This land is mine; I have a kainga on this land at Mataikororo; my parents have cultivated here as well as myself; I have a claim through Ngatikaukura; my claim is from conquest; I was not at the survey, but I consented to have the land surveyed; I have beard Te Eeweti's statement, and if I make one it will be the same as his ; the persons who he has mentioned are the owners; there will be no dispute amongst them about this land. Hori Puao, sworn —I live at Maungatautari; lam a Ngatihaua and Ngatikaukura ; I claim the land from conquest in the same manner as stated by Te Eeweti; lam living at AVhanake and Puahoe ; I live with Te Eeweti; these are my residences; I was not at the survey; Te Eeweti and others agreed to the survey. Winiata, sworn —I reside at Maungatautari; I have cultivations on this land ;lam a Ngatiapakura and Ngatikaukura ; I was at the survey of the land with Wiremu, Hori AVirihana, Eapana and Matini; there was no opposition to the survey. Tame Kaka —l claim this land ;lam a Ngatihaua; Ngatiapakura have no claim ; I have not been on Puahoe; I have only seen it at a distance; I claim the land from our having taken the two pas from Ngatiraukawa. (He then made the same statement as previous witnesses). Te Waata said that Tame's statement was correct, except his saying that Ngatiapakura had no claim. Hori Te Waru, a Ngatiapakura, asked Tame, and he said Hori had no claim. Hone te One, sworn—l live at Kawhia; I know this land ; I have heard what Te Eeweti has said ; it is correct; also what Ngatiapakura have said ; I have a claim through Ngatiapakura ; our claim is from conquest; I have not cultivated here, but at Eangiaohia and Alexandra ; my elders died at Ngaroto aud Maniapoto. Court adjourned. 6th Novembee, 1868. Hori Wirihana, sworn —I live at Maungatautari; lam a Ngatikauwhata ; I know this land; I was at the survey and pointed out the boundaries; I claim this land by conquest; Ngatiraukaura owned the land formerly ; I have cultivated on this block and at Te Whanake; I have resided here ; I cultivate here now; there are other claimants besides those who have been mentioned, viz., Hohua, Tau, Irihia, Te Kanae, and Mihi Korako ; these are all of Ngatikaukura ; this land was conquered by my ancestors, and they took possession; Taumahi and Tarua are the names of their pas which were taken; Hangahanga is another pa; there were also many other pas; this is the cause of our getting the land ; I conquered the land and took it; Ngatiraukawa did not leave the land peaceably. Wi Huka, sworn —I am a Ngatikahukura ; I reside at Maungatautari; I know this land ; I have a claim ; I cultivate on Puahoe; I have a house and cultivation on the land at the present time; I claim from conquest of Ngatiraukawa; they were driven off and I got the land ; I made the survey ; c—G. 3.

sth Noyembeb, 1868

G—3

22

we got this land from fighting in former days between Tao Whakairo and Koroki; Ngatiraukawa were defeated, and their pas were taken —Taumahi and Tarua; Whangaangaanga was the last one, and Ngatiraukawa went south; after they went away, the fighting with Marutuahu commenced, we conquered him, and took possession of the land; Marutuahu was led back to Hauraki; I have land at Maungatautari; I claim this land from conquest; if there is any quarrel about this land with tho King Natives it will extend over the whole district. Hori Pohepohe, sworn —I live at Taupari, at Port Waikato ;lam a Ngatitipa and Ngatiruru; I understand a map ; I know Puahoi; I have a claim to this land; my mother is Te Eeweti's sister ; if I make a statement it would be the same as that made by Te Eeweti; the land was taken by conquest; I give my assent to what has been said. Wi Tarapipipi, sworn —I live at Maungatautari ; I claim this land from conquest; lam a Ngatikaukura, Ngatihaua, Ngatihourua, and Ngatiraukawa ; there are five Ngatihourua claimants to this land- —Aperahama, Te Matenga, and Tareta, I do not know the names of the others ; the claim I make is the same as that made yesterday, viz., conquest. Te Wheoro (called by the Court) —The only thing I know about this is this ; I do not know of any claim from ancestors, only by conquest; I have been told that perhaps about 100 years ago Ngatiraukawa owned this land; they held the land afterwards; Ngatipaoa and Ngatimaru took the land, and Ngatiraukawa were driven away ; they again were driven away by Ngatihaua and Waikato; the land now belongs to the whole of the Ngatihaua tribe. Aterea Motutara —l live at Aotea; I blame the persons who spoke yesterday for not mentioning my name ; my" iwi tutura" is Ngatiterau; I claim land in this block; I cultivated land in this block, but was driven away by the troops ; myself and parents went to Aotea ; I was born on the Puahoe block ; I lived there until the war, when I was driven away ; my father's name is Petera ; we are the only Ngatiterau who now remain. Waata Parakaia stated that he acknowledged his claim, that he had been represented by Hori Kerei and Te Warau, Piripi WJianatangi said that the fathers of the persons who owned this land were of Ngatihaua, Ngatiruru, Ngatikaukura, and Koroki, AVaikato; I have a claim to this land. This closed the evidence on Te Eeweti Waikato's side. Parakaia Te Pouepa, sworn —I am a Ngatiraukawa ; I live at Otaki; I have heard the statement by those persons —I deny their statement; Puahoe belonged to my ancestors; I claim Kairangi, AVaipapa, Wharengarara, Wairenga, and Te Kawakawa; as regards the conquest, they state tho pa of Ngatiraukawa, which was taken, was Te Tama, but Ngapuhi and Ngatiwhatua took this pa, it was taken in 1829 ; Hangahanga was afterwards taken by Eewi's and Matataera's party ; the tribes which have been mentioned as conquerors were not engaged, they were related to and did not fight with me; in 1824 the fighting was finished; Ngatihaoa and Ngatikowhi used to visit both my own aud Matataera's party ; the battles wero fought in 1822, in 1824 the war was ended; in 1825 the Ngatiraukawa lived at Pukekura, Puahoe, and Orakei, aud Te Wera-o-te-Atua, and Ngatimaniapoto together with them ; in 1826 Ngatiapakuru fought with Ngatikoroki, and the latter were beaten; I was in this district at the time: Te Tv of Ngatikowhi, and others who were killed, were matuas to all of us ; Ngatihaua, Ngatikowhi, and Ngatiraukawa went to get payment for their dead and took the pa belonging to Ngatiapakuru, called Kaipaka; the persons who were killed wero eaten; Mangapiko was taken by Te Waharoa, and ho returned the land of Ngatiapakura back to them, and they lived there, and Ngatiraukawa lived at Orakei; all the tribes lived peaceably together; Ngatiraukawa's principal places of residence were Horowhenua and Maungatautari; during that time Ngatipaoa came and lived at Tauapukeko, and Ngatimaru lived at Horotiu, they had been driven away from Hauraki by Ngapuhi; they were placed by Te Waharoa on the places I have mentioned; Ngatipukenga lived at Maungatautari ; Ngatihaua murdered their guests at Tauapukeko, and Ngatipoao went away to Ngatipukenga at Maungatautari; we had gone to Te AVhaotu and had left Pukekura in possession of Ngatikaukura; the cause of the quarrel between Ngatipoao and Ngatihaua was not Maungatautari; Ngatipoao lived there with Ngatikaukura, but when Ngatimaru fought with Ngatihaua, Ngatikaukura joined the latter against the former; their claim to the land is the fight they had with Ngatimaru, this is their only claim, therefore they now oppose Ngatiraukawa; after this Te Ngongo, Tuterangipouri, and Tamehana Te Waharoa asked Ngatiraukawa to return to Maungatautari, this was in 1848 ; this invitation did away with the conquest; this invitation was made by letter and by messages, and we did not know that Ngatihaua would oppose our getting the land, and the letters have been mislaid; in 1842, Potatau went to Otaki and invited Ngatiraukawa and Te Eauparaha to return to their lands; Ngatiraukawa agreed to this; the word was spoken that the lands should not be sold ; Ngatiraukawa have not sold land unto the present time ; in 1857 Porokoru and Haunui went to Otaki; these persons were chiefs of Ngatikouro ; they went into the house where Ngatiraukawa were assembled, and asked them to return to their lands at Puahoe, Whanaki, Pukekura, Te Tarua, Hangahanga, Aratitaha, and Puhewhakaahu ; Porokora said that he would not retain those lands; his word had no reference to the land at Maungatautari, on the Horohoro side, but Te AVaharoa's word had; Porokuru returned with eleven of Ngatiraukawa; the chief men were Te Nguhioharakia, Batiera, Hoera; Kawa and Hukarahi went afterwards, just before the commencement of the Waikato war; these men all died natural deaths during the war, they died on the land ; their children all returned to Otaki; Te Kawhoro went to Otaki, Te Ngongo told him to do so, and returned with Ngakuku, Te Tarehu, Herekana, Te Hepe, Te Uawaka, and some others ; the men of my own hapu who came to Maungatautari were Te Eou and Te Hunopoko ; Te Maunahura belonged to our party, and when they came he left Ngatihaua, with whom he had been living, and went to Aritataha, and lived there with thoso persons ; the reason theso persons are not in Court is that they have joined the Hauhau party; this is all I have to say respecting this map, let it be turned over. He also said that he wished judgment to be suspended until he could go to the King's party and get a meeting of all the old chiefs to consider the question of conquest railed by the opposite side.

23

G—3

By Keeehama—Ngatihaua did not fight on land at Maungatautari during the time I lived there; the Hangahanga Pa was taken by Te AVhero AVhero, and Tv Korehu, i.e., Eewi, you were not there; Te Whero Whero is from Waikato ; he is not a Ngatihaua. Question. If Ngatihaua made war, would not Te AVhero Whero's party join them ? Answer. You have made him King, and you still have left him. Tangi Moana was killed by us; he went to Maungatautari to fight us, but this was in Koroki's time ; the reason Te Oro, of Ngatihaua, was killed was that he had murdered a Ngatimaru chief; when I went to Otaki, I went there with the knowledge that I should continue to hold Maungatautari. George Gage (half-caste), sworn —This land on the map is not Puahoe proper, but other land ; I am a Ngatiraukawa and Ngatimaniapoto ; I live at Kihikihi; Mangakopara is included in this map ; j claim a portion of the land included in this survey; when Mr Perry lived at Orakau he wanted Mangakopara for a cattle run; Eewi held a meeting, Ngatimaniapoto, Ngatiraukawa, and Te Uri-o-te-Paewae were there; Eewi told Te Katea and his younger brother to arrange the matter ; Katea said no, let Eewi and Ngatiraukawa settle the matter, some of our party, and Te Uri-o-te-Parewa want to place cattle on the run ; Mr. Perry paid £40 a year to Eewi for the run ; Eewi gave the money to Porokoru, who gave it to Pohepohe ; Pohepohe returned it to Eewi; Porokoru then leased land at Aratitaha ; Porokoru was blamed for this, and he was told to return the cattle ; Porokoru then returned the cattle, and took the money for the lease of Mangakopara ; Eewi was angry at this, and drove the cattle into a pound he had made, and did not release them until the white man had paid the money he asked; myself and Hoera went to Mangakopara and cultivated there ; this was in 1859 and 1860; when the war commenced we left it: my claim is to Mangakopara. By Te Beweti—l cultivated on the pa of Mangakopara; I had a house there in 1859 ; you were at AVhatawhata at the time, and did not see. Ropata Te Ao, sworn —1 live at Kapiti; I know Puahoe and Te Whanaki; I know this land from being told about it; I have a claim to this land from my forefathers, who own it; lam a Ngatiraukawa and a Werokoko; my elders lived on this land; I lived at Otaki; when Porokoru went South, he asked us to return to Maungatautari; the persons who returned with him were of Ngatikauwhata; after that time, I came and found them living at Kihikihi; Ido not know the year, but it was during the war ; Porokoru then pointed out to me the land belonging to my elders ; they included the whole of the Maungatautari district; he gave £20 he had received for the lease of the lands ; I jeceived a letter from my brother who was living at Kapiti, and returned in consequence ; I have not cultivated on this block, but I have cultivated with Porokoru at Kihikihi; this is the only time I have returned since ;Te Eeweti knows of my return here. By Te Waata —My elders lived on this land ; I was born at Kapiti; my parents lived on this land; they went to Kapiti; Porokoru went to get them back ; the only document of his to that effect is that I am now here in Court. Mehana Pdea, sworn —I live at Otaki j I am a Ngatiraukawa ; I have heard from my elders that Puahoe and AVhanaki belonged to them ; I was told by them to that effect, therefore I have come here; they said they had a claim to the land, therefore I think I have one; some of the persons who have claims to this block are absent; Ido not know how many ; Ngatihaua, from what I know, have a claim on this land. By Te Waata —My father went to Kapiti; Ido not know the reason of his going ; as far as I know, there was no reason ; I do not know that fighting was the cause; I do not know about the fighting ; I have no house on the land. Te Rau Anga Anga, sworn —I do not understand a map ;I do not know the boundaries of the block, as delineated on the map ; I live at Otaki; the reason of my coming is that I have seen the notice of the holding of the Court for Maungatautari; my hapu is Ngatitohae, through which I claim this land ; we went to Kapiti of our own accord ; we went to get guns ; the AVaikato chiefs invited us to return ; there was no quarrel between ourselves and Waikato, therefore they invited us to return. By Te Wheoeo —The people of Waikato who fought with us are not in Court; there are no Waikato in this house, only Ngatihaua and Ngatikowhi. Wiremu Pomare, sworn —I am a Ngatiraukawa and Ngapuhi; I know the places in this map ; I have a claim on this land ; I live at Mahuraugi; my claim is from the ancestors mentioned by Parakaia, viz., Huia, and Kauwhata ; I do not know how to trace the descent; I have been informed that these ancestors lived on this land ; I did not come here before this time to have the lands pointed out to me ; the name of the district is Maungatautari; Puahoe is the name of this block, but Ido not know the names of the umall pieces inside; I was born amongst Ngapuhi; this is the only time I came to this district; having heard that the land was to be investigated, I came; I have no cultivations or house on the land; my mother was a Ngatiraukawa and Ngatihaua; my father was a Ngapuhi; I have left the Ngatihaua because they have not shown any consideration towards me; in my opinion it is correct, according to Native custom, for a man to leave a district for two generations, and then return to the land; my sister paid a visit to Maungatautari at Kapiti; the reason of Te Whero Whero's invitation not being carried out, is that the persons are dead; those that are here are endeavoring to obtain the land; I allowed other persons to speak about the other blocks : I speak on this. By Apeeahama—l have fought with you; my grandfather was killed by you, because he came here to kill you; if you had gone into Ngapuhi country, you would have been served the same way; f do not know of your going on to Ngapuhi land to fight us; Ido not know of your going to AVhangaruru ; if you had gone to Tokerau, I should have known; my relations, on my mother's side went to Kapiti; Ido not know the reason why they went there; I know that this land belongs to me ; it was mine formerly, and is so now, from Te Wheoro AVhoero and other chiefs having returned the land to us; we did not say to Porokoru, who is going back to your land. Matene Te Whiwhi, sworn —I am a chief of Ngatiraukawa, I live at Otaki: the land in these boundaries belonged to Ngatiraukawa ; I have been told that the boundaries of our land were (but I do not consider them as such at the present time), commencing at Pukehina, going straight to Pirongia

G.—3

24

and Kawhia, also going across Waikato to Waiharakeke; the back boundary was Wairere, and going inland from that river; these boundaries were held until Hongi's time ; during his time Hongi held the power (mana) ; Hongi's mana was powder and guns; Ido not know the cause of the Ngapuhi invasion; they came to Waikato; Ngapuhi and Ngatiwhatua had guns, and they came and fought Ngatiraukawa ; the chief of Ngapuhi was called Manaia; Waikato collected together, but the mana was with Ngapuhi; Ngatiraukawa's pa called Hangahanga was attacked, and after two months' fighting they were starved out, and the pa was taken; there were none of the able-bodied men killed, only the old men and women were taken ; the strong men w rent away by night, some of those who were related to the Waikato were saved; Ngatiraukawa fled to Patetere, and other places; Ngapuhi and Ngatiwhatua returned ; this ended that war, it happened about the time of the Bey. Mr. Marsden's first visit to New Zealand ; Ngapuhi returned after this under Hongi: Hauraki was the first place attacked, and all the Hauraki tribes were defeated by Ngapuhi; Hongi attacked and took Mauinaina Pa, and Ngatipaoa were defeated ; he attacked and took Te Karaka Pa, and Ngatimaru were defeated ; Hongi then went back ; he afterwards returned into AVaikato, and Matakitaki was taken, and a thousand men were slain belonging to AVaikato; all the tribes then retreated^inland to Taupo; Ngatiraukawa were living there at this time, and the Waikato tribes retreated back upon them ; the return of Ngatiraukawa and Waikato tribes was at the same time, Waikato went into their own country, and Ngatiraukawa went into Maungatautari; they made peace amongst themselves; their only thought was Ngapuhi; during this time Hauraki tribes began to quarrel with Ngatihaua and Ngatikoroki, the cause was that they domineered (whakakake) towards Ngatihaua, and Ngatikoroki, and Ngatiraukawa, and AVaikato; the quarrel against the Hauraki tribes increased, and Tangiteruru was killed ; then the fighting began in earnest, a pitched battle was fought at Taumatawhiwhi, ahd the Hauraki tribes were defeated ; Waikato and Ngatihaua held the mana after this ; peace was made between Ngatihaua and AVaikato with the Hauraki tribes, and Hauraki returned to Hauraki; Ngatiraukawa, I have heard, were living at Maungatautari, but not in great numbers ; the cause of Hauraki tribes attacking Ngatiraukawa was this (these tribes have the same origin), Te AVhatanui induced the Hauraki tribes to fight Ngatiraukawa, and they attacked them at Kopuru, which was taken, and Ngatiraukawa were defeated; they attacked Ngatiraukawa again at Piraunui; Ngatiraukawa were " pouri " from their former defeat; they turned upon Hauraki, and the Whatakaraka, of Ngatiraukawa, was killed; Ngatiraukawa had commenced, before this, going to Kapiti to get guns ; Eauparaha invited Ngatiraukawa to come and take the land belonging to Ngatiawa, on account of one of the Ngatiraukawa chiefs, named Te Poa, having been killed by Ngatiawa ; the Ahukaramu came and found that Ngatiraukawa had been been defeated at Piraunui; Ngatiraukawa were " pouri" at Taraia, who was a relation of theirs, attacking them; they said tohim,"AVaiho ki a koe te Pakanga," and they left and went to Kapiti; there was no word said about the land, some of Ngatiraukawa remained behind; Ngatiraukawa lived at Kapiti until the commencement of the fight with the Europeans and Eangihaeata at Wairau; Potatau made his first visit then ; Potatau did not say anything at that time about the tribes returning to their lands; Te Eauparaha was taken prisoner by the Pakeha, and put on board a vessel; afterwards Potatau, Tamati AVaka, and Kati, went to Kapiti, and Potatau and Tamati Waka took Te Eauparaha to Auckland ; when Te Eauparaha was returned, Potatau, Te Eaia, and Horeta went to Kapiti; they came to Otaki; all the tribes gathered together to '' mihi" over Potatau and Tamati Waka on account of Te Eauparaha being returned ; all the southern tribes were gathered together, Ngatiraukawa, Ngatitoa, and Ngatiawa; Potatau stood up and said to Ngatiawa, "Ngatiawa, go back to AVaitara to your own lands, Waikato must not keep them ;" he said the same things to the other tribes, that is, to Ngatitoa and Ngatiraukawa; his word was, " Me nuku a Waikato ;" I do not know if this was the sentiment of the whole of the Waikato tribes, but Potatau was the chief of Waikato; after this the word of Potatau was remembered by all the tribes (this is a word of my own) ; the tribes made Potatau King, he is dead, and his son is now King; the power of the Queen prevailed in New Zealand, and the mana Maori was put down ; but a boundary has been struck by the General; this is a thought of my own, are wo to stay outside the boundary; perhaps some time hence Eewi and Matutaera will come out of their " nohohanga pouri," then, perhaps, there will be " raruraru" amongst the Maoris about their land. By the Covet —Natives can return on their land after being absent thirty or forty years, but the whakaau is with the chiefs. By Waata Paeakaia—Ngatiraukawa brought themselves here also on account of the word of Te Whoero Wheoro; they have returned on the lands they held amongst Waikato, also the whole of their land |on account of the word of Potatau ; the persons that live at Patetete, Auwhenua, and Wharepuhunga live there permanently (tuturu) ; the persons for Maungatautari are at Kapiti; they will come on the word of Potatau; Ido not know anything about their having come here when Potatau told them ; Kingi Hori and other men have visited on account of Potatau's word ; the men who came are related to Waikato tribes, and therefore allow these persons who are related to them to look after the land; the persons who occupy the land now are " noho pokanoaiho." Rota te Tahiwi, sworn—l am a Ngatiraukawa ; I live at Kapiti; lam of Ngatikapu hapu ; some of Ngatikapu live here amongst Ngatikokorki; my knowledge of the land is from hearsay from my parents ; I have a claim from my elders to the places in this block ; I have not lived on the land ; I was born south; it is known that this land is part of Maungatautari, and belongs to Ngatiraukawa ; my word is, let the " kauiti" for this land be " whakakahore." Karanama stated that what he had to say had already been stated by Parakaia. This finished the evidence. It was stated that the Court would now close; that, if they wished, each side would have an opportunity to address the Court. Court adjourned.

25

G.-- 3

7th Novembee. Parakaia te Pouepa,. on behalf of Ngatiraukawa claimants,addressed the Court. In his address he stated that he, on behalf of the claimants on his side, renounced their claim to Pukekura and Maungatautari in favour of the resident claimants, but not so on Puahoe ; that he wished the investigation of Puhoe should be closed, as some of the owners were King Natives, and he wished to ascertain their opinion towards Ngatiraukawa. Te Raihi also addressed the Court on behalf of Ngatihaua. The Court stated that judgment on these cases would be given when the Court had had time to consider the evidence. 12th Novembee, 1868. Letter was read which had been received containing the names of those persons which the owners wished to be put in the Crown Grant. It was asked by the Court if any of the persons who had been declared as owners by the Court had any objection to make. Aterea Motutara said he objected, inasmuch as he wished his name inserted in the grant. It was stated by the other owners that they did not wish Aterea's name in the grant. It was told Aterea that his objection would be recorded, but still the Court would order that the persons' names which were named in the letter should be put into the grant. R. E. M. Campbell, sworn —I made this survey by instructions from Capt. AVilson, and with the consent of the Natives interested in the claim ; I have no lien ; I met with no opposition ; the boundaries are: on the east the Pukekura block, on the south by surveyed lines to Mangaohoe Eiver, then down that river to confiscated line, then by that line to the point of commencement.

Enclosure D. Peoceedin&s or Judicial Enquiet befoee W. N. Seabancke, Esq., E.M., Coeonee. At a judicial inquiry, held at Cambridge on Thursday, the sth day of June, 1873, to inquire into the death and cause of death of one Timothy Sullivan, the following witnesses were examined on oath : — James Mackay, jun., sworn —I am Agent for General Government, at present residing at Cambridge ; the map now produced and handed into Court was made by me to show the places pointed out to me by David Jones, Eichard Parker, and Charles Collins ; this map was constructed from Trig, survey made by myself. Benjamin F. J. Edwards, sworn as interpreter. Parakaia, of Ngatihaua, sworn —I live at Maungatautari, and belong to the Ngatihaua tribe ; I remember leaving Cambridge on the 23rd April, to look after my horse; I went to Pukekura, and —on the other, the southern side of Pukekura —when I arrived there I was seized by Purukutu, by Hori Te Tumu, and Herewini Ngamuku ; they came to kill people ; I believe Purukutu had a bayonet and a gun, and Hori and Herewini were armed with guns only ; they all had cartridge boxes also ; when I was seized they said I was to go to the Koukou settlement; we went to the Koukou, and arrived there about mid-day; we found Paoia Tuhua, Hohepa Motuiti, AVhira Tarawhati, AVhina Hone, Whiti Paokauri, PaiataTe Ahuru, Ke Kewi, Potururu ; these are all who were at Te Koukou ; when I arrived there they were all armed with guns and cartridge boxes; they said nothing; they all went and conducted me to Nga Hokowhitu; I was put into a house; Paekauri (Hone AVhaiti), Parata Te Ahuru, and Tewi Potururu; I am sure and positive that Tewi Potururu was there, and remained to guard me, the others all left; I remained and was kept in the house all night, and all next day, and the next night (i.e., the night of the 23rd April, all day and night of the 24th April); the morning of the 25th they all seven returned, and I heard a woman call out, " kua patua " (slaying has taken place ;") they said nothing to me but " go : return ;" the woman who called out " kua patua " is the wife of AVhira Tarawhati—Ko Nga Haukiha is her name ; I came to Maungatautari, thence to Cambridge ; I told Mr. Owen on my arrival; this is all I know of the matter. David Jones, sworn —I am a stockman, residing with Mr. AValker at Moanatuatua ; I was in Mr. Walker's employ on the 24th April last; I was employed on that day fascining a swamp ; I went with Mr. Mackay and others on the 28th of April last, and pointed out the several places connected with Sullivan's murder; I recollect Mr. Mackay taking compass bearings to those places pointed out; the black line between A and B shows the position of the fascines that I was engaged in laying ; about half-past eleven o'clock a.m. my dog barked, and I saw a Native look over the hill, at position marked B; 1 was then at A (point) ; when he saw me looking at him he drew back, and the next thing I saw was four Natives coming down the hill towards us; my companions were Timothy Sullivan and Charles Eodgers; they (the Natives) were all armed with guns ; I told my companions that the Natives were on us, and the best thing we could do was to run for it; we then ran in the direction of red dotted line on plan; we ran to point marked C on the plan, when Sullivan said that he was done and could go no further —" good-bye: take care of yourselves;" at this time the four Natives were chasing us; I went on, Eodgers following me; he caught up to me when we were at point marked Don plan ; I heard a shot fired, I turned round but did not see any Natives ; we then ran on, and shortly after I again saw a Native—he was continuing in chase; just after I heard the shot fired the Native who was leading called out something, and two Natives crossed the swamp in the direction of the confiscated boundary; we continued on to the point marked Fon plan aforementioned, the Native being then at point marked Eon plan; fired at us and called out to the others to give up the chase; to me he> aid— 7—G. 3.

G.—3

26

" E Hone me tv koe ;" I then came on to just below the station; Eodgers went to the station and I came on to Cambridge and reported ; in consequence of my report, Major Clare and others went out, and I guided them to the place where I supposed I heard the shot fired, then we searched about, and after some time a body was found, it was found by Mr. Walker; the body was found near to where I heard the shot fired ; the body was the body of Timothy Sullivan ; the body was found within four or five yards of where 1 saw him last alive ; his head was cut off and taken away, and his body was opened from the lower part of his chest to his abdomen, pieces of his liver and lungs were lying about; his knife was lying beside him smeared with blood; 1 did not observe any traces of footsteps, or of a struggle there ; there was the mark of a gun-shot wound on the back, near the shoulder, and also on the breast, as if a bullet had gone through him; I could not positively swear as to the identity of the Natives, from the state of confusion I was in; I cannot positively state that I recognised any of the Natives; a large black and white smooth-haired dog accompanied the Native who led the pursuit, and was with him when the shot was fired at us; I am aware that the land on which we were laying fascines, and on which Sullivan was killed, was then in the occupation of Mr. Walker, under lease ; it is outside the boundary of the confiscated district. George Lloyd, sworn —I am a constable of the Armed Constabulary, stationed in Cambridge ;on the 24th April last I was in the employment of Mr. Walker, of Moanatuatua; I was engaged on that day with Mr. Eichard Parker, carting fascines from point marked L on map, to point marked B ; I recollect coming down to point B with fascines (cart-load) —this was about half-past twelve o'clock —to where Jones, Sullivau and Eodgers were working : I saw two Maoris at point marked Hon plan ; I noticed that Jones, Sullivan and Eodgers had left their work; Mr. Eichard Parker was with me ; I unloaded the fascines ; I went down to the swamp to get some water, came up again and lit a fire, and put billy on to cook for dinner ; while doing so I noticed a Maori coming down track (at point marked G) which we had come down with the fascines; we then drove up the track; on arriving at point marked G, I saw a Maori in a squatting position in the fern, on the right hand side we were going up, with a gun pointed towards us; the gun was to his shoulder, it was a single-barrelled gun ; ho pulled the trigger and the cap snapped ; I jumped out of the dray and ran down the gully ; the Native was from ten to fifteen yards off the dray when he snapped his gun at us ; I did not know the Native ; he was slightly tatooed on each side of his cheeks; he appeared to be about forty years of age. . The Government Agent applied for leave to put in evidence Mr. Eichard Parker's evidence, taken before Coroner on inquest on body of Timothy Sullivan, on the 25th day of April, 1873. He, Mr. Eichard Parker having left the Colony. Charles Collins, sworn —I am a constable in the Armed Constabulary force, and am stationed at Cambridge ; on the 24th April last, I went out with Major Clare and others to search for Timothy Sullivan ; I saw the body, which was found by Mr. Walker; the head was cut off and taken away, and the body ripped up from neck to bottom of stomach; there was a gun shot wound just below right shoulder blade on back; I observed one or two marks on the ground like naked foot, marked L; I did not observe any marks of a struggle having taken place; I accompanied Mr. Mackay and others on the 2Sth April; Mr. Parker was one of the party ; Mr. Parker pointed out a place where the fern was pressed down, at the place marked G on map ; the place where the fern was pressed down was about three yards distant from nearest wheel track, and eight yards from furthest track —there were several wheel tracks ; at the place where the fern had been pressed down I found a piece of Native mat; Mr. Mackay and I then carefully examined the place, and Mr. Mackay found another smaller piece of a Native mat; I recollect Mr. Mackay taking compass bearings of all the places pointed out by Messrs. Parker and Jones. Mr. Mackay, re-called—On the 28th April I recollect going to a place marked G on map ; it was pointed out to me by Mr. Parker, on a path shown by black dotted line, I saw the track of a dray wheel nine feet from it; I saw a place, about three feet long and two feet wide in the fern, pressed down as if some one had been sitting there, and, hanging on the fern furthest from the road, Constable Collins picked up the piece of Maori mat (now in Court); I looked carefully about and picked up another piece of a Maori mat (also produced in Court) on the part furthest from the track on road. Charles Rodgers, sworn —I am a laborer ; I was in the employment of Mr. Walker, of Moanatuatua, on the 24th April last; I was engaged fascining a swamp on that day —a 'point between A and B represents the place we were working at on that day; David Jones and Timothy Sullivan were working there with me; Mr. Parker and Lloyd were carting there about half-past eleven o'clock ; four Natives came on to the hill at point marked B ; they came on down the hill, and we ran; the Natives had all guns with them; we all then ran away, and about threo-quarters of a mile from where wo started Sullivan gave in ; I think he said, " Go on, boys, and take care of yourselves, lam done ;" he (Sullivan) then sat down ; I was at this time behind Joues; when I was about ten yards, or a little farther from Sullivan, 1 turned round and saw a Native stooping down, or going on one of his knees, presenting his gun at Sullivan; I think the gun snapped ; in about a minute afterwards I heard the report of a gun ; I did not turn round, but kept on running ; some little time afterwards I turned round again, and saw the same Native who I saw presenting his gun at Sullivan following us ; I was behind Jones at this time ;we ran for a good bit, when I heard another report; I heard the Maori calling out something which I did not understand; the Native who followed us appeared to be middle-aged, and had a Maori mat on. Teanslation of Statement made by a Native respecting the Muedee of Timothy Sullivan. I heard at Maungarangi that Purukutu and party were going to slay Europeans. A European had not been slain at the time. I told Major Mair of this report. I was at Aotea when the murder happened. I went to Alexandra on the 25th ; on the 26th of April, 1873,1 sent a Native to ask who were the murderers. Purukutu told him that Hori Te Tumu seized the European, and he (Purukutu)

27

G—3

shot him. asked how many of you ? Purukutu said four. said there were you two who were the others ? Purukutu said Herewini Ngamuku and Whina. then asked where' were the others ? Purukutu said three stopped at Te Koukou—Paora Tuhua, Whira Tarawhati and Hohepa Moruiti. Whina's gun snapped at Parker. Herewini Ngamuku killed a bullock, and Hori Te Tumu and himself (Purukutu) cut the European open, took the heart out, and cut off the head AVitnesses to this statement, made on the 16th day of May, 1873, James Mackat, Jun., Government Agent, AVaikato. Wi Te Wheoeo.

Enclosure E. Muedee of T. Sullivan. Evidence taken at the Coeonee's Inquest held at Cambeidge, 25th Apbil, 1573. D. W. Jones, sworn —I left my hut at or near Pukekura with Eogers and Sullivan for the purpose of making a piece of fascine road across a swamp outside the confiscated boundary ; we had been working there for about two and a half hours ; we crossed the fascine road which we had been making to get some wood with which to boil a billy ; I had left my coat and my dog on the other side; my dog barked; I looked up and saw a Native who drew back when he saw me looking at him ; 1 told my two mates that I saw a Native, and that the Natives were on us; directly after I saw four Natives coming down the hill; they were three chains distant when I first saw them; they came down the hill and crossed the swamp, and we Europeans ran away together; I was first, but some time one was first and then another of us ; the Natives were following us up close ; Sullivan ran with us for about three-quarters of a mile, when he sung out to me, "I am done, I shall stand. Good bye; take care of yourselves;" about five minutes after he sung out to me I heard a shot fired; Sullivan was planted in some ti tree in a gully ; the Native that I supposed shot him did not stop but followed us ; the second Native stopped behind ; at this time Eogers and I were running as fast as we could ; the Natives followed us for two miles after I heard the shot; we crossed the gully and got on to the confiscated boundary; when we arrived there the Natives fired at us, and at the same time shouted to the other Native or Natives to give up the chase; he was when he fired at us about 500 yards distant; that was the last I saw of them ; after this second shot the Native, to the best of my belief, called to me by name to stand, but I did not stop; I know one of the Natives, his name is Poutururu in Maori; he is known to the Europeans by the name of Bell (or Pero) , to the best of my belief this is the man who shot Sullivan, and pursued us ;he fired the second shot; we ran away because we saw the Natives were all armed with guns ; I cannot swear positively to tho other three Natives, but I think that one was Whira, (Tuhakahinga) was another; we were working on some lands leased by Mr. Walker from the Natives about three or four chains outside the confiscated boundary ; when we ran away we ran parallel with it for some time ; Sullivan was close to us when he stopped ; I havo seen the body of the man now lying here, and I recognize it by the clothing and tho knife that was found by his side, as body of Timothy Sullivan; I was present yesterday when the body was found; it was then lying about ten or fifteen yards from where he stopped and sung out to me "I am done, &c.;" when we were about two miles direct from where we started to run, I saw Mr. Parker and another man going towards the place where the Natives first came upon us ; the Natives could come from several directions right on top of us within three or four chains without our seeing them ; the Natives were between us and Cambridge; at the time I saw Mr. Parker we were too far off to give him notice of the danger ; before this time I also saw two Natives crossing the gully. I believe to cut us off, they were two of the four I first saw ; on AVednesday night Te Hura warned me to take care of myself, and also told me to tell Mr AValker to have all his men into the station to sleep, that Natives were out in the fern and he did not know what they were going to do ; I had not time to warn anybody ; the body of Sullivan when found was mutilated, the head was gone and the body cut open ; I warned my mates Eogers and Sullivan the same evening and told them what I had heard ; the reason why I did not take the warning was that 1 had been so often warned before ; I was warned by Te Hura when Laney was struck in the swamp by a Native, to come and stop at the station until I heard from him that it was safe ; I did not tell Mr. AValker or Mr. Parker of the warning I had received ; I had not had time ; our hut is six miles from the home station ; I have during the last two years received repeated warnings from different Natives ; when I thought them of consequence I told my employer ; the Natives came upon us about noon. Charles Rogers, sworn —Yesterday, the 24th April, we were laying some fascines across a gutter; we were just getting some firewood when 1 heard the last witness say, " My God, my boys, we are dead men the Natives are on us ;" I said let us run, and we did run; the Natives all had arms; I got very much excited, and very confused ; and hardly knew what took place; I remember Sullivan stopping; he said, " Go on boys, I am done, take care of yourselves ;" I was ahead of him at the time ; I heard the shot fired ; it was about two minutes after Sullivan stopped; I did not see him any more yesterday ; it was about three-quarters of a mile from where we started to run, when Sullivan stopped and sat down; I saw him sit down ; I continued running away ; I did not see Mr Parker yesterday until the evening ; Jones, the last witness, was quite cool yesterday when we were running away; Jones had told us on Wednesday night that it was not safe for us to stop at Pukekura by night; I have seen the body now lying in the out-house, and know it to be Timothy Sullivan by the shirt; 1 can swear to it; 1 had not received any notice or warning from any one but Mr. Jones. Richard Parker, sworn —I was going yesterday to where Jones, Eogers, and Sullivan were placing fascines, to take a dray load of fascines to them ; when I got there, they were gone; I coo-ed for them,

G.-3.

28

and got no answer ; I saw a couple of Natives about half a mile off, on the rise of the hill, not on the same ridge that I had come down; I was suspicious that something was up ; to make sure, I went down to the place where the men ought to have been working; I went about three chains up the hill, and stayed there about ten minutes, keeping my eyes on the two Natives; while there, I saw a third Native coming down the same ridge that I had come down; halfway down, about half a mile from me, he stopped ; at the same time, the first two moved off in the opposite direction away from me; thinking that they were coming to join the third Native, 1 got into the dray, and went away up the ridge to pass the third Native: directly I came opposite to him he levelled his fowling-piece at me ; I called out to him; the cap of his gun snapped; he pulled up the cock the second time, and snapped it again ; it did not go off; I was just going out of the dray, and called to the man who was with me to come on and collar the Native ; seeing he (my man) had gone, and I also seeing the Native pulling out of his pouch another cap, I galloped my horse away for about two or three hundred yards; I then stopped, and called to my man who had jumped off his dray, to run; I did not see him at this time ; I stopped then for a few minutes, and then started off at a trot, as I saw the Native coining towards me ; I did not see either Jones, Eogers, or Sullivan, on this trip with the dray; this was the second trip I had made yesterday; I did not recognise the Native who followed me, and snapped his gun at me ; he was a middle aged man, fair complexion, and some tatooing on the cheeks ; he had a Government, half-worn expense pouch on him, a kind of white flannel under shirt, and a mat, or something tied round his waist, and hanging down ; I had not received any warning myself, but Jones and Owen told me that they had been told by the Natives to be on their guard; they mentioned Te Hura's and Eewiti Waikato's names as their informants ; this was about nine weeks ago ; I have not received any notice myself, nor any notice during the last six days from any of my men, that they had received notice or warning not to stay in the hut we had appointed for them; George Lloyd is the name of the man that was in the dray with me when what I have described took place, and jumped off the dray and left me; I have seen the body of the man now lying in the out-house, and I recognised it to be the body of Timothy Sullivan by his arms, and general appearance of his dress, having known him for nearly twelve years. George Lloyd, sworn —I was with Mr. Parker yesterday, taking fascines in a dray to where some men were working (Mr. Parker's evidence was here read over to the witness, who agreed in all the material portions of it) ; I was frightened when the gun was presented at us, and jumped off the dray and ran into the fern, and ran away as quickly as possible ; I did not see anything more of the Nativeafter I ran away ; I got to Jones' whare all safe; I recognise the body now lying in the out-house by the boots and other clothes, as the body of Timothy Sullivan ; the first time we both went to where the men were placing the fascines, Jones, Sullivan, aud Eogers were there at work; this was about half-past ten o'clock; the second time was about half-past twelve; this time I saw three or four Natives. Edwin Rmrnes Walker, sworn —I was informed yesterday at Eeynolds', on east side of Waikato, that Sullivan, one of my men, was shot, and that Messrs. Parker and Lloyd were missing, and supposed to be shot; I immediately got on my horse, and went out by myself to where Sullivan and the others were at work; when I was close to the spot, I saw Mr. Parker and Booker at some little distance off; we crossed the fascining they had been laying down, and then we met Major Clare's party; we searched for the body of Sullivan; I found it lying in a small gully, close to some manuka scrub; the body was lying on the back, the arms by his side, the feet down the hill, his head was cut off and taken away, and also the heart; his pocket knife, open, was lying by his side covered with blood; I then called to the rest of the party ; when they came up, I turned the body to see where he had been wounded ; I found a bullet hole under his right shoulder blade, about three inches from centre of back ; he appeared to have been shot from behind ; I left the party then to bring the telegrams for Colonel Lyon and the Native Minister from Major Clare; I have seen the body now lying in the out-house, and recognise it to be the body of Timothy Sullivan, and the same that I found yesterday in the fern; I believe that the man Sullivan was dead when his head was cut off, as the blood had not spurted out, but ran down his shirt at his back • I have not received any notice from any one during the last four days that there was any danger to be apprehended to any of my men at the out stations; I had no idea that there was any danger to any one of my men; if I had heard that danger was to be apprehended to any of my men, I should have brought them in to the home station; I believe Sullivan was about forty years of age. Charles Collins (constable) sworn—l am constable in charge of this station; about half-past one yesterday Mr. Jones came into Cambridge and reported that he and his mate had been attacked by the Natives at the swamp, and I reported it to Major Clare, the Commanding Officer here, and by his orders at once saddled up in company with several others, went to the scene of action; we searched, and Mr. Walker found the body now lying here, which I believe to be the body of Timothy Sullivan; when Mr. AValker found the body he coo-ed, and we all went up to him at once ; the body was lying at the bead of a small ti tree gully; the head appeared to have been twisted off the body, and not cut off; on the right side of the body I observed naked footprints on the body such as a person would have made by taking a purchase on it; I searched for the head all around, but could not find it; the body itself was opened up from the throat down, the breast bone was not cut through; the stomach was open below the naval; I found three portions of the lungs, one portion of liver, and two small pieces of entrails lying from one to three yards from the body ; I gathered it all up and put it with the body ; the body when I saw it first was lying partly on the left side and back; there was no appearance of any struggle near where the body was lying; 1 feel quite certain that Sullivan was dead before his head was wrung off; I produce the knife that I found with the body of Sullivan ; it was then covered with blood ; I believe his heart to be gone ; I could see the finger-marks in the pieces of lungs, <fee, that I picked up; I then assisted in making a stretcher on which we placed the body and brought it into Cambridge ; I believe it was the gun shot wound that caused his death ; Sullivan was a man of about thirty-eight years of age; where Sullivan's body was found is distant about eight miles from Cambridge;

29

G.—3

from the appearance of the wound on Sullivan's body I think the shot must have been fired at him within a distance of fifteen yards, his shirt having a singed appearance. Harry T. Owen, sworn —On last Wednesday morning, the 23rd April, I received verbal nouce from a Maori boy, telling me that Hauhaus were lost or missing ; I asked how many there were, and he told me two ; he said their names were Paora and Pou or Poutururu or Pere or Bell; on my road home same day, I told Mr. Jones what I had heard ; the boy's name who told me is Puna; we have been cautioned so often by Natives that we take no notice of it; I listen to all reports, but I only believe a few that is from the Natives that I think I can depend upon ; I have been about amongst the Natives for the last ten years ; in all the cautions I have received I never heard any particular names mentioned ; I may also add that at the meeting at Aratitaha shortly after the attack on Laney, the Natives reported to me Manawhiri had sent word that any attack on the Europeans by them was their own act and on their own account. Robert Kirkwood, sworn—About two weeks ago, I think on the 10th, I was playing cricket in Cambridge, a Native (elderly) came up to me and saluted me ; I don't know his name : he told me his name, but I have forgotten it; he said, " I have something to say to you;" he said to me some Europeans here will be killed shortly ; I laughed at him, ana he said it is true ; I asked him who was going to kill ; then he said the Hauhaus, they will murder but not fight; I asked him when it would take place, and he pointed with his hand as f thought towards Walker's station, and said it might be there or there, pointing to Buckland's station, or there, pointing towards Firth's station; I made light of what he said, but he replied, " You will think of what I have said when I am gone away ;" this man was a Hauhau, I know it—he told me so himself. Turika te Kura, sworn —A man named Matinga came to me from Aratitaha, and said to me, " Tell Jones to be careful;" he said the Natives had determined to kill him; he repeated this as true ; 1 came to Cambridge and sent a boy of mine to Jones, and to tell him to come into Cambridge, that I was there and wished to see him ; Jones came that evening; I saw him at Pearson's, arid he asked me what I had sent for him for ; I theu told him what I had heard, and told him to sleep at Ngatika, and to come out every day, and to carry a gun ; Matinga told me that the danger was from Aratitaha people, and not from the Hauhaus generally ; I did hear, shortly after the attack on Laney by the Natives, that Manuhiri had sent some Natives to Aratitaha to remove the Natives from there; the Aratitaha Natives refused to go (to leave) ; 1 know Poutururu, he lives at Aratitaha; Whira and Paora are also Aratitaha Natives; Mohi or Purukutu lives near to Wharepapa, at Hinahoi :he aids or abets the bad Natives; he ordered the murders; it was on Wednesday, the 23rd, that Te Matinga came to me. W. H. Seaeancke, E.M., Coroner. Veedict—" That Timothy Sullivan has been wilfully and brutally murdered by Pere te Poutururu and three other Natives, names unknown, but one supposed to be a Native named Whira and another named Paora ; and that the Government be requested to adopt such measures as will effectually prevent the recurrence of such horrible outrages."

Enclosure G. Mr. E. E. M. Campbell to James Mackat, Jun. Sic,— Hamilton, 16th May, 1873. I have the honor to acknowledge the receipt of your letter of the 14th instant, and to state that, in compliance therewith, I shall desist from any further operations on the land claimed by Te Kepa Eingatu. In justice to myself, however, I beg to state that the land has been through the Native Lands Court, and a Crown Grant issued ; that Te Kepa is not one of the grantees; that I have been informed that he has never received from the grantees any portion of the rental; that I went on the land at the request of the lessee, and in company with one, and with the consent of nine-tenths of the grantees. I have, &c., E. E. M. Campbell, James Mackay, Esq., jun., Licensed Surveyor, Hamilton. General Government Agent, Cambridge.

This report text was automatically generated and may include errors. View the full page to see report in its original form.
Permanent link to this item

https://paperspast.natlib.govt.nz/parliamentary/AJHR1873-I.2.3.2.8

Bibliographic details

REPORT FROM MR. JAMES MACKAY, JUN., Appendix to the Journals of the House of Representatives, 1873 Session I, G-03

Word Count
31,355

REPORT FROM MR. JAMES MACKAY, JUN. Appendix to the Journals of the House of Representatives, 1873 Session I, G-03

REPORT FROM MR. JAMES MACKAY, JUN. Appendix to the Journals of the House of Representatives, 1873 Session I, G-03

Log in or create a Papers Past website account

Use your Papers Past website account to correct newspaper text.

By creating and using this account you agree to our terms of use.

Log in with RealMe®

If you’ve used a RealMe login somewhere else, you can use it here too. If you don’t already have a username and password, just click Log in and you can choose to create one.


Log in again to continue your work

Your session has expired.

Log in again with RealMe®


Alert