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F—No. 1

PETITION OF C. DAVIS AND F. AND L. YATES.

" I see a statement in the Petition of Messrs Yates to the effect that Mr. Leopold Yates called on me and that I advised him not to take payment for the guns which Messrs. Vales allege to have been forcibly taken from their store. My recollection of the circumstance which I suppose to be referred to is this, Mr. Yates was accompanied by Mr. Charles Davis and the latter gentleman had some conversation with me on the subject of his claim for compensation for losses incurred through the closing of Kawhia. Mr. Yates then stated that the Natives had offered payment for the Guns, and asked me whether I would recommend that he should accept payment, but Mr. Davis at onGe interposed telling Mr. Yates that he had better not open the subject on that occasion. 1 saw Mr. Leopold Yates once or twice besides the occasion to which I now refer. Ido not recollect conversing with him as to the Guns, but it is possible I may have done so, and possible I may have said that the acceptance by him of payment would be a suspicious circumstance." The Witness was then discharged from present further attendance. The following documents received from the Colonial Secretary's Office for the information of the Committee were read. 30th April, 1860. Native Secretary to His Excellency, 4th May. Same to Assistant Native Secretary, sth May. Same to His Excellency, Same to same same date. 7th May. Assistant Native Secretary to Native Secretary, Bth May. Davis & Co. to Native Secretary, 14th May. Native Secretary to Settlers at Kawhia, 31st May. Native Minister to C. Davis, 6th June. Memo. Commissioner of Customs, 19th June. Sub-Collector at Kawhia to Commissioner of Customs, Also from the Commissioner of Customs at Auckland, the following Returns :— 1. A Return of all vessels cleared Outwards for Kawhia from the Port of Auckland, from the 14th May to the 11th September, 1860. 2. A Return of all vessels entered Inwards at the Poit of Auckland, from the Port of Kawhia, between the above dates. The Committee then adjourned till To-morrow, the 14th instant. William Fox, Chairman.

FRIDAY, THE 14TH DAT OF SEPTEMBER, 1860. Committee met pursuant to notice. Present:—Mr. J. C. Richmond, Dr. Monro. Mr. Fitzgerald, Mr. Gillies* Mr, Domett, and Mr. Fox. Mr. Fox in the chair. The minutes of the former meeting were read and confirmed. The Hon. C. W. Richmond again attended the Committee and gave evidence as to the clearing , of vessels between Auckland and Kawhia, and put in the following Documents for the information of the Committee, and stated that the motive for granting such clearances in ballast was to enable the gettlers there to remove their goods. sth May, 18C0. Letter, Mr. Hunt to Colonial Secretary, Ist June. Special clearance of Schooner "Raven" to Kawhia, 6th June. Mem. by Native Minister giving leave for the " Isabella" to go into Kawhia, 22nd June. J. Salmon, Agent for " Matilda," to Commissioner of Customs, Bdi August. Mem. by Native Minister upon the same, 22nd June. Special clearance of " Raven" to Kawhja, 3rd September. The like, 10th and 11th September. Collector of Customs Auckland to Commissioner of Customs, 13th September. Mem. of Collector of Customs, 1. Mr. J. C. liicli7nond.~\ Did the Messrs. Yates ever apply for a second clearance to Kawhia? —No 2. Mr. Gillies.'] la your Letter of 31st July to Charles Davis it is stated "that the Natives a Kawhia are in a state of rebellion," what evidence had you at that time that they were so?— Nothing in the shape of strict legal evidence, although I have no doubt that the facts might easily have been put into that shape if the necessity had arisen. The facts to which I refer are that the Maori King's Flag was flown at Kawhia —that the Natives were assembled in Arms without the Queen's Warrant —that they had entered the stores and taken possession of Arms—and that a number of the Kawhia Tribe had actually started, or were prepared to start, for Taranaki to join the insurgent force there. I venture to say that there are a number of other particulars which I do not recollect at the present moment, but which would appear amply to justify the conclusion which we came to upon a notorious matter of fact. I speak upon official Reports made to the Government, and from hearsay. I have no direct knowledge of the facts. The Sergeant-at-Arms having intimated that Mr, Speaker was about to take the Chair, the Committee adjourned. "William Fox, Chaiiman.

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