I—6a,

11

175. Have you any papers or briefs prepared in connection with this case. I have a large-paree! ■brief partially prepared, and a quantity of notes. I was-takiag-tee have taken much trouble, and I maynot bo paid now it does not now look as if I had much likelihood of being paid for it. 176. Mr. Moss.] Has Mr. Eees any office in Wellington ?—No, he has none that I know of. 177. Then can you say that he came from Napier on purpose to go into this business. Did he leave his business in Napier and come here to devote himself to it ?—I cannot say that specially. 178. It was a business that would require time ?—He would have had to accompany me to the West Coast if when I required him. 179. He would have been required to go to the West Coast, and travel about in order to devote himself to it ?—Certainly, because how could we get up specific claims, and find out who had certificates to entitle them to the land, or get np-the-feaeiaess up evidence in support of claims of various kinds unless we did so. 180. Then it was not a business that a barrister would take up in the ordinary course of his business ?—No, it was a case that required a large fee, only if the matter had been left to my discretion I should have paid proposed to pay £150, and then waited until we had done some work only Hoani Nahe earne-ia however directed the whole to be paid. 181. It was not ordinary work that could be done in a lawyer's office, it would require travelling about? —We could have got a great deal of information from the literature on Native matters, and I got a great deal myself, but that was not all that was required. We would require to go on the spot and investigate particular claims. 182. Mr. Dick] Did Mr. Eees expect the £150?—Yes. Bid-ho do aaythiag-jjer-fee-seeoad-? I-waB--B^-^iag-49--pay-haa r -bat--Il9aßi Nafae-eamo in, and--peqnefitod mo t6-pay4he-see«ed-eaia7 183. Was Mr. Eees with him ?—Yes, and Mr. Gannon. 184. And is it customary to pay a second retaining fee to a lawyer before he has done anything for it ?—I quite understand that he was-wantiag wished more money, but I wished to exercise a certain amount of discretion with regard to the money, and but for Hoani Nahe I would have kept-it back fer-a t-imo, and endeavoured to pay a smaller sum on account until we had gone into the work more. Mr. Rees, however, only took the first £100 on to account. 185. Mr. Gisborne] Did you advise Hoani Nahe that this was the usual course? was te-retaia-a -eertaia-sam in haad-?—I cannot say I did. 186. Is it usual for a client to instruct a solicitor to pay more?—A client often wishes that a large fee should be paid. 187. What is the custom in this country? Does a solicitor select a barrister, or a barrister a solicitor ? —The feftHritster solicitor selects the selieitw barrister. 188. Mr. Eees came to you I —l believe Hoani Nahe had been asking him to undertake it; the work, and he said a solicitor in Wellington was necessary. 189. Mr. Moss] Do you know whether Mr. Eees is engaged specially in Native work ?■ —Yes, and that is why I thought he was the best man for this business. 190. Then he has been engaged for some time specially in Native cases ? — Tes. I knew that he had a large amount of information on Native matters. 191. And that was one of the reasons why he was considered the most suitable person for the work that was to be done ?—That was one of the reasons. 192. And if he were now called upon he would have to undertake the work that Hoani Nahe wished him to do ?—lf he did not do so he would subject himself to dismissal from the bar. 193. Mr. Gisborne.] Is Hoani Nahe still communicating with you ?—Yes ; I had a telegram from him authorising me to place the bill of costs before the Auditor-General, and he asked me to let him know how the case is going on. 194. Mr. McLean.] Suppose you called upon Mr. Bees to continue this work and he declined unless you gave him another £300 fee?—l should certainly refuse to pay another fee. 195. And if he declined, could you take means to compel him?—l should certainly take means to compel him, and if he refused should have him struck off the rolls. 196. Then there is means to compel him to proceed?—Yes; his whole professional reputation is at stake. 197. The Chairman.] I understood you to say that Mr. Eees would have to come at your summons to attend the sittings of the commission if one were appointed in this case ?—Yes ; and the same if I wanted him to go to the West Coast and investigate these claims. I think he would have to accompany me. 198. I also understood you to say in answer to one of the members of the committee that you consider that in-all probability the defence of the prisoners weald might come in with the investigation of the Native claims ?—L-daro Day it may, Perhaps, but I could not say that the defence of the prisoners was part of the work that I was called upon to undertake. 199. But I understand you to say it would come in?—lt might come. I can quite see understand how it-Hiight the one thing runs into the other. 200. And then Mr. Bees would be brought into the defence of the prisoners ?—I thiak-eo do not say so. 201. And I understand that you instructed him simply as to the case that would come before the ' Commission ?—That was the meaning of tho work we had to do. lam quite clear about that. 202. Then it would be a fair inference that although you could call upon Mr. Eees in the matter of appearing before the Commissioners on the land claims you would not be able to call upon him to defend the prisoners ?—I am set quite sure about that. 203. I want to know whether you could call upon Mr. Eees for the defence of these prisoners?—l do not think I could. I certainly did not retain him for the defence of these prisoners. That teas not present to my mind ivhen he teas retained.

Mr. Sievwright. 10th Dec.