G.—2a

20

Ec-examined by Sir W. Buller. Witness : It was the Horowhenua Block Act that gave me the £800 from the State farm. Wirihana and Warena endeavoured to keep their sisters out. The Appellate Court awarded us all equal shares of the £4,000 except Warena, who got £1. I did not mean by what I said before that Court that I approved the action of Warena in endeavouring to keep the people out of No. 11. The Court intimated that it had jotted down the names of some persons it thought it might be desirable to call. It thought also it would be well to recall Wirihana Hunia, to explain the account referred to by him in his evidence, as he had stated that his father had paid large amounts in connection with Horowhenua. Sir W. Buller said he would like to call Mr. J. M. Fraser, to give evidence as to the execution by Kemp of declaration of trust. The Court said that had better be taken later. The Court said it had been suggested that after the relative interests of the persons found to be entitled to No. 11 had been determined the Court should locate the interests. This was not one of the duties devolving upon the Court, but if there was a general desire that the block should be partitioned the Court would make interlocutory orders, and allow the matter to stand over for the usual time within which appeals could be lodged, when, if there were no real objections, a final decree would be made. Sir W. Buller hoped the Court would locate the interests of owners, and said that the decision of the Court would be accepted by his clients as final. They would not appeal. He suggested that a surveyor should be employed to lay off the parcels, and that the cost of survey should be made a charge against the £800. Mr. J. M. Fraser, on behalf of his clients, urged the Court to locate the interests. He would guarantee that his clients would not appeal. Mr. McDonald cordially agreed to final location without appeal. Hamuera Karaitiana approved personally, but would like to consult his clients. The Court explained to the Native conductors the advantage of partitioning the block at the present sitting of the Court. After explanation by Court, Hamuera Karaitiana said he would bind his clients to accept the decision of the Court. Henare te Apatari agreed on behalf of his clients to abide by the decision of the Court, without appeal. Rawiri Rota Tahiwi appeared for Baraku Hunia and her party in place of Colonel McDonnell, who had withdrawn from the case. (Special license issued to him.) The Court announced that some of the registered owners were still unrepresented, and said that some decision must be arrived at regarding them before the question of definition of interests was gone into. The Court informed Sir W. Buller that it considered the costs of survey necessary for location of interests would be a fair charge against the £800. Sir W. Buller called Kerehi Tomo. Kerehi Tomo sworn. Witness: I assisted Mr. Fraser to make out Kemp's account of receipts and expenditure. It is a correct account. I think it is right that Kemp should charge his expenditure for legal costs. He was trying to get the land back for Muaupoko ; therefore he should get back all he expended. I approve of the expenditure for food, travelling, and lodging on the same grounds. The £800 now in the bank should go to the people. This Court should distribute it. Cross-examined by Hamuera Karaitiana. Witness : I approve of the expenditure in connection with No. 11, because Kemp has returned it to Muaupoko. It is for the tribe to say whether they would give back any part of the land to Kemp if he would ask for it. All the four hapus should share the expenses equally. Henare te Apatari : No questions. Cross-examined by Mr. McDonald. Witness : I assisted Fraser to make out statement of accounts. I approved of each item. I consider the £50 paid for sheep for Te Aue Puihi was her share. If it was more than she was entitled to, then she is responsible to the tribe. If the £125 paid for sheep for Baniera te Whata was more than his share he must refund it to the tribe. I cannot say that the people consented to the payment. Baniera distributed the sheep among some of the people. My son got fifty, Te Pae fifty, Muna fifty, John Broughton's daughter fifty, and Ngahuia fifty. Baniera has distributed the increase every year down to the present time. Baniera still has some of the original stock about 150 ; others have died. Fifty of the sheep were given to Tapita. Tuhi Hou and Taare Broughton each had fifty sheep. The 400 odd pounds paid to Wirihana Hunia should come out of his share of the land. I was not consulted about the payment to Wirihana. Kemp and I were not living together. Kemp consulted the tribe in some cases before making payments to individuals. In others he did not. To Court: The £200 sent to Wanganui came out of the rents. We sent it directly we received it. £400 paid to Muaupoko in 1876 was divided among the people. I remember the £100 being paid to Muaupoko in 1879 and the £400 in 1880. Both sums were divided among the people, excepting £36, which was devoted to expenses of prosecuting Paki te Hunga and Hunia. I remember the £100 paid to Muaupoko in April, 1881; this was not the £100 sent to Kemp with the food. John Broughton sworn. Witness : lam one of the registered owners of Horowhenua. I have not attended meetings of Fraser's clients. I have seen statement of accounts put in by Kemp. I have nothing to say