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20

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Return prepared in accordance with instructions from Judge Fenton

A. J. Dickey, Chief Clerk, Native Land Court.

Remarks by Mr. Wilson upon the foregoing Return. [Seen by me for the first time when handed by Judge Fenton to Chairman of Public Petitions Committee, with the statement that it was upon allegations herein he had demanded my dismissal from the Judgeship. Such an act was worthy of the Venetian Council of Ten, and I was sent across the Bridge of Sighs accordingly—by a Minister of Justice !—July, 1882.] 1. Galatea: Galatea Court was adjourned to Opotiki under written instructions from Chief Judge Fenton by letter of 10th June, 1878, signed A. J. Dickey : reason, Galatea Court clashed with the Court then sitting at Opotiki. la. Maketu: This Court, at which I took 1,700 names for Judge Heale, heard and decided against Chaytor's case in Waitahanui (two days), and began Rau ote Huia, is entirely omitted. Court was adjourned in accordance with instructions from Judge Fenton : see his telegrams of 31st July and 6th August, 1878. This is the Court out of which Judge Heale and I were turned on sth August by the violence of the Natives. Why is this Court omitted from this list? 2. Tauranga: I sat twenty-one days, and not ninety-two days —namely, from 14th August to 21st August; 23rd August to 9th September; and 19th September, inclusive, twenty-one days in all, exclusive of Sundays. See Chief Judge's letter, 24th September, 1878, ordering Judge Symonds's Court to be held at Tauranga on 15th October, 1878. Certificate 1 (this certificate not gazetted, although signed and sealed by me) ; testamentary orders, 13 ; withdrawn, 2 ; adjourned on application, 4; judgment reserved for Mr. Under-Secretary Clarke's evidence, 4; dismissed, because already adjudicated at Maketu, 1 j dismissed, no surveys, no jurisdiction, 29 : total 54 cases disposed of —namely, all on the list. Native Land Court has no jurisdiction over Tauranga lands. No appeal ought to have been granted upon certificate : vide my memorandum to Chief Judge re same. 3. Wellington : This statement is untrue ; was not sent to Porirua and circuit. See Chief Judge's letter to me 7th July, 1879 ; also my telegram to him in October, 1878, from Wellington. See also Minute-book of Court in his possession. Testamenlary orders, 13 ; dismissed, no jurisdiction, 21 ; dismissed otherwise, 12 : total cases disposed of in four days, 46. I only held this Court while waiting at Wellington to give evidence before the Native Affairs Committee. When my evidence was finished the Native Minister directed me to return to my district. 4. Waiomatatini: Out of my district. 5. Opotiki: Memorial, 1; testamentary orders, 13; withdrawn, 2; Kaipara claim missent to Opotiki, 1; dismissed 14 : total 31, being all the cases on the list. The dismissals were for non-jurisdiction, no plans, no appearance, &c. 6. Tauranga: Untrue; the following is correct: 1 memorial ordered—Eangiuru; this memorial, appropriated by Judge Fenton to himself in Gazette (vide No. 31, page 428 ; Eangiuru, Ist April, 1880) ; testamentary orders, 8 ; Government cases adjourned on application of the Crown Agent, 8; dismissed, no surveys, no jurisdiction, <__~ 22: total cases disposed of, 39 —namely, all on the list. At this Court a Native, whom I had committed for three months for violent outrage upon the Court, was released at the end of six weeks at the instance of the Chief Judge without reference to myself. 7. Galatea: I was sitting upon Eangiuru, in Court at Tauranga, and eould not be in two places at once. Chief Judge knew this; see my wire 12th November, 1879 : " This Court will not be over by the 26th instant; it will be a very long Court, I fear." See also my wire to the Native Minister 21st November, 1879. 8. Tauranga: This was my own adjourned Court that I was precluded from taking by illness. On sick leave, per medical certificate, or waiting for leave seven weeks. 9. Uawa: On sick leave, per medical certificate, or waiting for leave seven weeks. Out of my district. 10. Ohinemuri: Out of my district. Was sitting at Maketu from Ist June, 1880, to 26th September, exclusive of adjournment due to sickness of Assessor, and clashing of Court with Cambridge Court. See telegram from Mr. Sheehan. 11. Maketu .- This Court omitted altogether. This Court sat about eighty-six days, exclusive of Sundays. Orders of memorial, 27 (these orders not gazetted, although signed and sealed by me) ; testamentary orders, 9; dismissed because previously adjudicated, 10; adjourned, per instruction of Chief Judge, 66; dismissed, no plans, no jurisdiction, duplicate claims, claimants deceased, &c, 92 -. total, 202 cases disposed of, being all the claims upon the list. J. A. Wilson.

Summaky of false evidence herein against me secretly tendered by Judge Fenton to the Minister of Justice, and accepted by him. Galatea : Accused of obeying Judge Fenton's written instructions to adjourn this Court. Maketu i Two Courts at which I presided are entirely omitted. These Courts sat ninety-one days. Did much difficult -work, and took nearly 3,000 names upon memorial of ownership and certificate of title. Tauranga: Omits greater portion of my work. Suppresses fact that I completed the list as far as possible. Debits me with the whole time (thirty days) occupied by Judge Symonds's Te Puke Court at Tauranga, at which time I was at Wellington in attendance on the Native Affairs Committee, &c, and debits me with thirty-one days I was engaged upon commission duties when no Native Land Court was sitting at Tauranga at all. Wellington, Porirua, and Circuit: Suppresses my work, falsely professing ignorance of same. States I was ordered on circuit and to Porirua.

Place. Date of Commencement. Date of Ending. Number of Days. Cases Heard. 1. Galatea June 19,1878 Merely adjourned the cases to Opotiki. 1a. Maketu 2. Tauranga Aug. 5 Aug. 14 ... Aug. 12 Nov. 13 7 days 92 days ... Certificate ordered. Appealed against and rehearing ordered. Do not know. He made no return all uncertain. Did not attend. 1 memorial ordered ; 16 cases dismissed ; 1 case adjourned; unopposed. 4 cases dismissed; 7 cases adjourned. Did not attend. Did not attend. Did not attend. Will not attend. 3. Wellington ... Oct. 20 ... Oct. 3 [4] days . 4. Waiomatatini 5. Opotiki July 25,1879 Aug. 13 20th [16th] Aug. 8 [4] days... 6. Tauranga 7. Galatea 8. Tauranga 9. Uawa .0. Ohinemuri ... .1. Maketu Oct. 29 ... Dec. 3, 1880 Feb. 4 Jan. 14 June 2 June 1 Dec. 20 53 clays ...