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E.—No. 4

the Ngatitipa Natives, three shillings a-head ferry charge being demanded; and I was informed that I would be restrained by force, if I attempted to ferry them across myself. After I had complained to Government of the detention of the sheep, the said Natives agreed with Mr. Halse, B.M., to ferry the sheep across free of charge ; but ultimately, in January last, I was compelled, at great inconvenience, to go to Waikato Heads, and negotiate their release, being forced to pay both grass money and ferry charges. Mr. A. Buckland estimated the loss of the wool at four shillings per sheep. Having complied with your request, to state the particulars of my complaint, in reference to my sheep, I beg to state that I consider your requiring me to repeat it for the third time unnecessary, especially as I am not aware whether you propose holding an open enquiry, at which I shall have the opportunity of proving the charges, or secretly to pretend to investigate the matter; as Mr. Fenton, and I believe yourself did, my complaint against W. Nero, for threatening to burn down my house. Mr. Fenton, in a letter dated the 24th February, 1862, the first intimation I received of any enquiry having been made into my complaint, has the effrontery to state that, ' On a full examination, W. Nero and his friends seem to have acted with great moderation and forbearance,' —in not burning down my house, forsooth. In reply to the question you asked me on the 31st, " What waa my object in wishing for this enquiry, and whether I expected pecuniary compensation ? " I have the honor to state: — 1st. I am desirous to ascertain whether, having purchased this farm from Government, I am entitled to look to Government for peaceable, and consequently beneficial occupation, which, under the circumstances related, has not been the case. 2nd. The Honorable the Colonial Secretary having asked me, ' Why I consider that I have a right of road,' meaning from this to Auckland, I am desirous to know whether such right of road, through land in the possession of the Maoris, exists. In reply to the latter part of your question, I beg to state that when the Colonial Secretary, Mr. Fox, on the 24th of January last, proposed to return me the money I had paid the Ngatitipa Natives for ferry charge, I declined the offer, saying, " If I was to lose so much by the lawless conduct of the Maoris, I might as well lose that trifling sum also." Further, having appealed the case to the decision of His Excellency Sir George Grey, K.C.B., I am of opinion that it will rest with that gentleman whether I receive moderate damages, and not with yourself. In conclusion, I feel obliged to state that the absence of courtesy you showed to me on the 31st March, and the very unnecessary trouble and expense you have put me to, in refusing to examine the witness I had brought from Waipa, though I told you that his examination would not occupy five minutes, and your requiring me to produce my receipt for ferry charges, when you must be well aware that such a receipt is never required from Maoris, and equally well aware that had you summoned the two witnesses I named from Waikato Heads, they could not deny having received the money, as it was publicly paid ; all this, I beg to say, proves to me that it is far from your intention to investigate the case in the fair and open manner I was led to expect from the letter of the Colonial Secretary, dated the 13th February, 1862,1. have, therefore, to request that you will forward this letter to the Honorable the Colonial Secretary, and I have herewith to solicit the favour of his naming Mr. Harsant, E.M., Raglan; Mr. Gorst, E.M., Waikato ; or any other Magistrate to investigate the charge. I have furnished these particulars, and given you all the information in my power, in case your orders from Government require you to make immediately a secret enquiry ; but such an enquiry made by yourself, can have neither my acquiescence nor confidence. I have, &c, J. Armitage, Esq., E.M., Eaglan. J. C. Johnstone. I have made no reply to this last very insulting letter, preferring to leave it in the hands of the Honorable the Attorney-General, feeling assured that an Officer in that Department will, in the execution of his duty, receive that support which he requires. Mr. Johnstone did not visit me at Eaglan on my return from Aotea, though he was informed by other parties that I had returned. I examined W. Nero and Hetaraka Nero as to this matter, and they expressed a wish to make a written statement, which they did, and signed same in my presence. The following is the translation thereof by my clerk : — " Johnstone came twice to us to ask us to hold a Eunanga about his sheep, which had been eaten by Watson's pigs, and by one of Isaac's. When we got to Johnstone's place, he was on the water, fishing. We beckoned to him and he came ashore. When he came he told us to settle the matter among ourselves, that he should go back to fish. I persuaded him to stop. He made three efforts to get back to his fishing, but I managed to detain him. When we had asked the particulars of the matter, I asked Johnstone if he saw the pigs catching the sheep. He said ' No, but I saw the sheep laying (dead).' I said ' Perhaps the sheep died of starvation.' He said, ' The clover and grass has been consumed by the pigs.' I said ' Where did you sow the grass.' His reply was, ' On my own ground.' Wiremu Nero here asked if the ground in question was fenced. Johnstone said, ' It is on my ground, my sheep and grass must be paid for, and also the running of the pigs on my ground.' I asked Johnstone whose pigs he had seen. He said, 'The pigs belonged to Wiremu's (Nero) people.' I asked Watson whose the pigs were. He said ' Mine, it is true about my pigs, perhaps my pigs ate the sheep. It is enough. I will give ten pigs, that will leave me four.' Johnstone said here, that his grass must be paid for. Wiremu Nero asked if the grass was fenced. Johnstone said ' No.' ' Then' said Wiremu ' Your grass is just the same as fern or flax growing on open uncultivated land.' Johnstone was offended at Wiremu Nero's words ; afterwards he wrote down Wiremu Nero's words. When he got up I asked him if he was willing to accept the pigs ; he said ' No.' We searched (among ourselves) for some money, but we had none (i.e., tried to raise money but could not succeed). I then said to Johnstone, ' We have no money, Johnstone, but the pigs can be transferred at once into your hands.' Johnstone consented. I suggested that his pigs should be caught, brought and delivered to him. He said ' Leave them, they are on my piece of ground.' I remonstrated, but he insisted. That is all. It is finished here. " Na Wikemit Neeo. " Whaingaroa, April 10th, 1862. " Na Hetakaka. " Signed by the said Wiremu Nero and Hetaraka,") in the presence of > "James Aemitage, E.M."J

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