I.—6a

24

Mr. W. L. Rees. 3rd Aug. 18S0.

drawn the money. I think you will find that he had not drawn it, but that he gave me his own cheque. He gave me a cheque for £150, and I think he said he could draw the money afterwards. 428. The Hon Major Atkinson.] The arrangement was for £300?—Yes. 429. Mr. McLean.] What steps did you take to get the £150 afterwards?—l saw Mr. Sievwright, but I don't think I saw Hoani Nahe afterwards. So far as I remember it was on a Saturday that I received the first payment, and on the Monday or Tuesday I received the second amount. Mr. Sievwright said it would leave nothing to pay his expenses, but I pointed out that the expense would come out of my pocket. 430. Are you aware what services Mr. Sievwright rendered in the matter?—l know he went into it very thoroughly to assist me. We both looked upon it as a very important matter. I had marry conversations and consultations with Mr. Sievwright on the subject. 431. Then would you have considered yourself justified in taking up the case against the wish of the Natives, as Dr. Buller has put it ? —I do not admit that he is correct in stating that. I will undertake to state that more Natives would employ me than Dr. Buller, and more would choose me to defend them in the Courts than Dr. Bulkr. 432. Is it a usual thing for a barrister to prepare a brief before a tribunal is constituted ?—Well, in an exceptional case like this where it was known there would be one, it would be a lawyer's duty to get all the evidence up, because he would be open to be called upon at a moment's notice. I might have been called upon at any time if the Commissioners had decided to hear counsel. I must have been prepared, and I was prepared. 433. Have you any of the papers?—l have only one here, but I have a series of papers, -which all make up a large and heavy brief. 434. When were they prepared ?—Nine or ten months ago. 435. Was it that time you got this fee ?—Yes, I did a considerable amount of work. I paid between fifteen and twenty pounds for having the records searched through, and I was employing the same person that Dr. Buller was employing to do the very same work. 436. Mr Lick] You say Mr. Sievwright did a good deal of work along with you. Well, is it a usual arrangement for a barrister to draw all the money while a solicitor does the work ?—No. But in this case he would be at no cost, nor was it intended he should attend the Commission, whereas I had to bear the trouble and expense. He demurred at first to the arrangement, but he agreed afterwards that as I had made the arrangement with Hoani Nahe it was right. 437. Did he expect to get paid at all ?—Yes, we both expected to get paid. Hoani Nahe told me these Natives would no doubt get various lands given them which they had been promised year after year, and that they would be able to make payment for the work done to get those lands. 438. That £300 then was only a first instalment ?—lt was to ensure my attendance at the Court wherever and whenever that might be. 438a. Mr Reader Wood.] I understand from you Mr. Bees that you were employed, and received this fee for the purpose of investigating the claims of Natives to lands upon the West Coast ?—Yes. 439. Have you been on the West Coast ?—No. 440. Then in the work that you have done what evidence did you obtain as the basis of your brief ? —I procured copies of all the Orders in Council; the New Zealand Settlements Act, and the reasons for that Act; part of the debates in the English House of Commons, alluded to in Sir George Grey's despatches ; debates here, and statements made by Ministers here and in Englahd, even with regard to your own interview with Ministers in London ; despatches, proclamations, statements of Natives, and whatever I could glean of the facts both anterior to the rebellion, and as relating to the settlement of the tribes, the results of commissions and compensation courts, the evidence taken by them, and statements made by Commissioners ; and generally the whole official documents to be found in relation to the whole matter. 441. Has that been of any practical use ? No, it has not. I wrote down to tell the Commissioners I was prepared at once to go before them, and I am sorry I did not go, as I should not only have fairly earned the money paid to me, but I also should have been of assistance to the legislature, the commission, and the Natives. 442. I understand they did not require your services, or of any other barrister ?—Yes. 443. And they have done the work of that Commission themselves ?—They sat and made an interim report. 444. Do you consider that a complete report, an abstract of the whole case, an epitome of the history of the New Zealand wars and other facts ?—Of the wars, yes, but not of facts. I would undertake to compile a more complete one myself. 445. The Commissioners were on the West Coast and took evidence? —Only from some of the Natives ; they would not attend. 446. The Commissioners gave the Natives an opportunity of giving evidence ?—The Natives wanted a public examination. 447. But they gave the Natives an opportunity of coming forward to give evidence ?—Yes, I believe so. 448. But on what you prepared you did no such tiring. You contented yourself with documents and records, which anybody could get hold of, but you took no evidence for the preparation of your brief 2—■ That is so. 449. I believe I am correct in saying it is the practice of a barrister if anybody came to him and offered him a fee—in a case, say Jones v. Bobirrson—to take that fee without enquiring into the merits of the case ?—As a rule. 450. It would have been quite professional on your part to take that fee without enquiring further into it ? —Yes--451. Mr. Moss.] Are you aware that Hoani Nahe represents a large number of these Natives ?—He told me he did.