A.—4.

thence straight across to Takaiakatea, and from the latter place straight across to Poutiki: excepting any portion of land in the above limits belonging to the Native Kahe, the supposed contents unknown. Although the amount stated in the Deed No. 1 is £948, the payment made to the Natives for this land appears to have been only—Cash, £60; goods, £218 : total, £278. A deed of sale was executed by the above-named chiefs and others, and they have admitted the above payment of £278 received, and the alienation of the part of the island as above described. The claimant having already received the maximum grant, no grant is recommended. Auckland, 29th August, 1844. Edward L. Godfrey, Commissioner. Evidence. William Webster, Claimant. —Coromandel Harbour, 23rd May, 1844. William Webster, being duly sworn, states: ' I claim the island called Ahuahu or Big Mercury Island, bearing north-east of Cape Colville about twenty miles. I purchased it from the chief Kawena and others on the 20th May, 1839, and paid them about two-thirds of the goods stated in the deed and £60 in cash. Eor the rest of the articles they hold promissory notes frbm me. I exhibit the original deed of sale, and deposit a copy of it with the Court. I have kept a station and stock upon this island ever since I purchased it, and have never been molested in my possession. I deliver a list of the articles given to the Natives in payment, and which they will acknowledge to have received, the enumeration of articles in tho deed being in some measure incorrect. Wm. Webster. Taken in Court, 23rd May, 1844.— E. L. Godfrey. Henry Downing, of Coromandel Harbour, being duly sworn states: That is my signature as witness to the deed now shown to me. I saw the Natives attach their marks to the deed after it had been explained to them, and I witnessed a very large payment of goods and cash delivered to them by Mr. Webster ; but I cannot recollect the exact amount. The payment was principally made in May, 1839, when the deed was signed. Some articles were given to them afterward. Henry Downing. Taken in Court, 23rd May, 1844.— E. L. Godfrey. Tokona, a Native chief, not understanding the nature of an oath, but declaring to tell the truth, states : I was one of the chiefs who sold the north-east end of Ahuahu to Mr. Webster, and I agree to let it go to him. I only received one shirt as payment. I let go Piripi's share also, but without his permission—he has still a right to it. The part I sold is Parangatata. Henry T. Clarke, Interpreter. Taken in Court, 29th May, 1844.— E. L. Godfrey. Whaingatu, a Native chief, not understanding the nature of an oath, but declaring to tell the truth, states: Some years ago I and my party sold to Mr. Webster the portion of Ahuahu which belonged to us, and we received the payment stated in the list now read to us. The land we sold belonged to us, and did not interfere with the land Belonging to Kawharo and his party, which they have correctly described. Their land we did not sell. Taken in Court, 29th May, 1844.— E. L. Godfrey. Henry T. Clarke, Interpreter. Horeta, a Native chief, not understanding the nature of an oath, but declaring to tell the truth, states : I am the brother of Whanui, who is dead. I know that he sold the portion of Ahuahu which he possessed to Mr. Webster, and that he received payment for it. He had a right to sell that part of the island. Huruhi, Tatamewhara, Oparia, and Tokokahia belonged to Whanui and Pehi; Waitapu belonged to Tararoa and others ; Waioha belongs to Kahe. Taken in Court, 29th May, 1844.— E. L. Godfrey. Henry T. Clarke, Interpreter. Opposition.—Coromandel Harbour, 15th June, 1843.* The Native chiefs Piripi, Kawharo, and Kahe (not understanding the nature of an oath) declare they will tell the truth, and state: We on behalf of ourselves and our party oppose the sale of the Big Mercury Island, with the exception of a small piece at the south end which was sold by the chief Mathew, the boundaries of which are Momona, running in a direct line to Waihi, on the opposite side of the island : this piece we do not dispute, as Mathew had a right to sell it. We knew of the sale of the island to Mr. Webster, and received at the same time a deposit of about 401b. of tobacco and £5 in money. We agreed to sell our part of the island, and, when this deposit was given us, Mr. Webster promised to pay us afterwards for the land, but he has never clone so. No exact payment was specified. We have often spoken to Mr. Webster about it, but he said he had nothing to pay us with till his ship arrived with goods. Answers to Questions from the Court.] We pressed him for payment till the Governor came to New Zealand, when we gave over asking him. Mathew had only a right to the part he sold, and had no claim to our portion. The land belonged to us by desoent for many generations. We signed a deed when we received the deposit; the reason we signed it was that Mr. Webster told us we should have more payment when he got it. We expected a great payment, as it is a large piece of land. We told Mr. Webster we expected a large payment. The deed we signed was not explained to us; the names of the persons who sold the island only were read to us. Wo did not know what we signed, and we now decidedly object to let our portion of the land go to Mr. Webster. By " tho names of tho persons who sold the island" we mean that Mathew's, ours, and those of our party who signed the deed when we received the deposit, were read to us. Henry T. Clarke, Interpreter. Taken in Court before me, this 15th day of June, 1843. —M. Richmond. The chief Mathew, not understanding the nature of an oath, declares he will tell the truth, and states : I sold a piece of the Big Mercury Island to Mr. Webster; it is situated at the south end. The boundaries are Momona, running in a direct line to Waihi, on the opposite side of the island. I received for this piece 2 casks of powder, 10 blankets, 12 cartouche-boxes, 12 spades, 12 handkerchiefs, 6 shirts, 3 gowns, 401b. of tobacco, and £1 Bs. in money. I was satisfied with this payment, and agreed to let the land go to Mr. Webster for it. I sold no more than the land above described. I sold none that belonged to Piripi, Kawharo, Kahe, and their party. There was another piece (not very large) that I agreed to sell also to Mr. Webster ; he promised to give me three double-barrelled guns, some jackets, and other things for it, which he has never done, and therefore I do not consent to let him have this part. Henry T. Clarke, Interpreter. Taken in Court before me, this 15th day of June, 1843.—M. Richmond. Coromandel Harbour, 29th May, 1844. Kawharo, lona Ponaka, Karuhiruhi, Rawiri, Raha (chiefs), and Teti (a chieftainess), not understanding the nature of an oath, but declaring to tell the truth, state that the evidence formerly given (as above) by Piripi and Kawharo is correct; that they all oppose and deny the sale of the Island of Ahuahu (Big Mercury) to Mr. Webster ; that they only received an earnest of the payment, and have never been paid since ; that Mathew had only a right to sell from Momona to Waihi, the south end of the island, which they know he sold to Mr. Webster. The rest of the island belongs to us and our party, and we have not parted with any of it to Mr. Webster. Henry T. Clarke, Interpreter. Taken in Court, 29th May, 1844.— E. L. Godfrey. The evidence of the above chiefs resumed : The boundaries of our land which we have not sold are from Tokokahukahu, along the south-west coast, to Huruhi; thence across the island to Poutoka, on the north-east coast; then along the coast to Waihi; then across the island from Waihi to Momona. The part to the south belongs to Mathew and that to the northward of our land to Pehe and Waingata and their party. Taken in Court, 29th May, 1844.— E. L. Godfrey. " Henry T. Clarke, Interpreter. Rawiri and Teti re-examined, and state that, in consideration of the deposit received by their party, although trifling, they consent to give Mr. Webster the land from Poutiki to Taiwhatiti, and thence across to Takaikatea, and thence to Poutiki. Kawharo has consented to this, and he will point out the boundaries of the land we give up. Taken in Court, Ist June, 1844.— E. L. Godfrey. Henry T. Clarke, Interpreter.

* Major Richmond being sent to Wellington, the investigation of this case was concluded by Colonel Godfrey,

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