27

H.—29

sth Allegation. —There is no direct proof of this allegation, but the whole of the evidence goes to show that Mr. AVorgan had identified himself in land transactions with Mr. Taylor. Mr. Smith swears that the land bought with his money by Mr. AVorgan was conveyed to Air. Taylor. It is shown that Major Turner's lease was allowed to pass into the hands of Air. Taylor, and that the boundaries were then altered back to their original form, which gave it great value. Hata Rio's land was bought by Mr. Worgan for Mr. Taylor. Poari Kuramate's land was (even after it had been bought by the Government) resold at an increased price, to enable Mr. Taylor to convey it to another purchaser; and Mere and Erueti's land was sold, by Mr. Worgan's assistance, to Air. Taylor. I might have made this case clearer if the Government had authorized my consulting a legal authority in Wanganui, or would have complied with my request for an authoritative opinion as to whether I was justified in insisting on the production of Mr. H. S. Taylor's books and papers ; but the Government having directed me in the first place to refer any legal point to them, and when I did so merely referred me to the Commissioners' Powers Act, I did not think myself called upon to incur a responsibility which the Government itself seemed to shrink from. Opinion. —Upon the whole, I am of opinion that the existence of a private account between Messrs. AVorgan and Taylor has not been proved. Gth Allegation. —This allegation has been proved by the annexed agreement, marked D, by Mr. Donald Smith's evidence, and by Mr. Worgan's admission. 7th Allegation. —This allegation has been proved by Poari Kuramate's evidence, by that of Mr. E. Woon, and by Mr. AVorgan's admission. Recapitulation. —To recapitulate, I am of opinion that the first allegation has been proved, except as regards AlcNeil; that the second has been proved; that the third has been proved; that the fourth has been substantially though not literally proved; that the fifth has not been proved; that the sixth has been proved ; that the seventh has been proved. But it is only just to Air. AVorgan to state, whilst my own mind has been satisfied as to the above conclusions, there is much in the annexed mass of evidence to lead to a contrary opinion; and I would particularly call attention to that of Mr. Robert Pharazyn, Commissioner of Confiscated Lands, who, in the most frank and straightforward manner, called the notice of the Government to the rumours which wero in circulation as to Mr. Worgan's proceedings, yet, in his evidence before the Commission, seems to have almost entirely approved of his action, and to have believed that it was exercised in the interests of the General Government. It should also be observed that Air. H. S.Taylor most distinctly denies on oath that Air. Worgan had any pecuniary interest, present, past, or future, in his (Air. Taylor's) dealings with the Natives; and I would further call attention to Mr. AVorgan's own address appended to the proceedings, and to his report to the Hon. D. AlcLean, dated 19th July, 1872, AVanganui, wherein he describes himself as a " confidential agent intrusted with the execution of a delicate and important duty, and which called especially for the exercise of entire faith on the part of the principals towards their agent." Upon the whole, I am inclined to doubt whether the evidence which has led me to these conclusions I have drawn would obtain a decision to the same effect in a Court of law. It is in connection with the report to which I have alluded, viz. the "Reports upon the Settlement of Confiscated Lands," that my most serious duty has to be performed. It was placed in my hands, together with the other papers bearing upon Air. AVorgan's proceedings, and at page 19 (C. No. 4) it is stated by Mr. AVorgan, "That Mr. Parris, C.C., acting as Native agent, in conjunction with Mr. W. Atkinson, acting as Crown agent, with the consent of the claimants, made selection in the terms of the award (of the Compensation Court) of three several blocks, namely, one of 8,352 acres to forty-two claimants, on the N.AV. bank of the AVaitotara River, Ac." " That (page 18) Mr. AVorgan found their floating character (that of the claims) was a complete bar to any attempt on the part of the Government to deal further with the confiscated lands until their settlement." That, from the length of time which had elapsed since the awards were made, Ac, there was great cause to fear dissatisfaction on the part of the Natives when making the attempt to carry them out. That he had to deal with a question of private and not public estate, the Natives being entitled to receive their lands under Crown grant, and to deal with it as they pleased as their absolute private property. That to the frank recognition of this latter conclusion, to the assurance that it would be carried out in good faith, he believes, is due the withdrawal of Major Kemp's claim to 1,600 acres, Ac. That a licensed interpreter promised the Natives a higher price than the Government could afford to give. (N.B. —Mr. AlcLean had, in his letter to Mr. Parris, dated AVanganui, 20th January, 1872, indicated £1 per acre as a fair price. (See Further Reports on Confiscated Lands, No. 4. A., page 61.) That for portions of this especial block, perhaps forty applications were made, all at higher rates than he (Air. AVorgan) thought it wise to give. That " by withholding allotment, a large quantity fell into his hands at 10s. per acre, the price he determined not to exceed if possible." That Hata Rio refused to sell his land to Government, alleging a grievance, and to his (Mr. Worgan's) views, honorably refused without consent of the lessee." That he " contends he has . . . placed the entire block, with the exception of a few hundred acres, ... at the disposal of the Government at a very much less cost than his instructions would have warranted." That he " claims, moreover, to have given entire satisfaction to the Natives, who, by the apparent liberty of action given them, were prevented from continuing the charge that the Government did not give them their lands because it desired to monopolize them for their own purposes." From the above extracts I gather that 8,352 acres were awarded by the Compensation Court, not