17

G.-7

The Commissioner then intimated that the completion of Roimata's genealogical table would stand over until 2 p.m. on Wednesday, in order that she might be able to confer with Te Rua Rewiti, an old man at present at Urenui, but too sick to attend, and get her whakapapa. Mr. Martin then proceeded to give the genealogy of the claimants he represented, and stated that he would not commence from Ngatimutunga, but from an ancestor who was mentioned before the Commission —named Tuwhareiti. The whole of the claimants on his list were, he stated, either children or grandchildren of Wiparata Kakakuru. The Commissioner stated that he had in many cases traced the descent of these claimants from Ngatimutunga. Mrs. Brown said that she strongly objected to these people being allowed to appear before the Commission. She stated that she was- the petitioner, and not they, and she drew the Commissioner's attention to the fact that he was going into claims dating some ten generations back. She stated that she represented the sole surviving claimants to this land, and that the Commissioner should not allow a lot of outsiders to come into the case now. The Commissioner stated that he was quite aware that she had put in the petition upon which this Commission was set up, and that placed her in the same position as a person making application for papatupu (uninvestigated title) land, and therefore any other person claiming to have an interest in such land had every right to appear before the Commission. Mr. Martin said that the Commissioner had voiced his own opinion in the matter, and considered that any Ngatimutunga could appear before the Commissioner and make a claim. It was, he thought, for the representative of the Government, and no one else, to make any objection if he thought fit. Piripi te Aho then put in a list. (See No. 13.) Tuesday, 16th May, 1905. The Court resumed at 10 a.m. The Commissioner: Mr. Skinner will represent the Government here until the conclusion of the case. We will now start on the genealogies that have not yet been put in. Te Tipi: I should like to question the representative of the Crown. The Commissioner: No, you cannot question the Crown's representative. I wish you would understand this case, and not confuse it with a Native Land Court case. You are not fighting other Natives who have made claims. The Compensation Court, when it sat in 1867, said that the Ngatimutunga had no claims, in consequence of non-residence in the district. The Natives then petitioned the Government, and Mr. Richmond said, "Well, you people have no doubt a claim, and I will give you 16 acres each. You cannot therefore now get more or less than 16 acres; and there is no benefit to be derived from cross-questioning officers of the Government; besides, that would be improper and irregular. If Mr. Skinner was in a witness-box and adverse to the case, you might do so. I will allow no more talk; there has been too much already. You all ought by this time to know the position. Mrs. Brown, on behalf of all, put in a petition. The reply to that is that the Government have appointed me to consider who are the persons entitled to the 16 acres, and if it should be found that there is not sufficient land for them, then it will be my duty to recommend in the cases of those who do not want land that they should' receive some monetary consideration. Those who are living here should have awards in land, but with regard to those who come from a distance I shall have to recommend that a money value be given instead. It is no good your cross-questioning one another. Besides that, I think it is highly improper that there should be any cross-questioning, and if any one else gets more than he is entitled to in any of your opinions, that is a matter solely for the Crown to go into, and none of you can get any more, no matter what was the Crown's action. Te Tipi: What I am trying to get at is this: If we were entitled to 16 acres, I think it would be your duty to recommend that we should receive the balance of the land which we were entitled to. We have only received 11J acres each as our share. The Commissioner: You will be called upon to give evidence, and you can then bring this matter up. Please understand that this is not an application for a title to papatupu land, the title to which has not been investigated by the Court. This land is in deed and in fact simply Crown lands, and all that you have to show is that you are entitled to 16 acres. I am tired of this constant questioning. Now, I want the man who put in the list of claimants No. 12 to come forward. Where is the man who put in this list? Can you act for him, Mr. Martin? Mr. Martin: I cannot. Ido not understand anything about their whakapapas. The Commissioner: If he does not come here I shall strike out his case. He treated the Court very cavalierly when he was here yesterday. If he had not succeeded in getting his whakapapa he should have asked for an adjournment; if he does not put in an appearance by dinnertime I shall strike him out. The Commission cannot sit here wasting the Government's time and money for nothing. Mrs. Brown: lam of the same opinion. The Court is being delayed, and I and others who have come from a distance do not want to be delayed any more than the Commissioner. The Commissioner: I will make an example of this man and strike out his claim if he is not' here by 2 o'clock. , ~,,,,, , , Mr. Skinner: You will understand that the tram does not come in until 11 o clock, and he may have gone out to Waitara to obtain information with regard to his whakapapa. At this moment Karewa Riwai put in an appearance. The Commissioner: Well, Karewa, you have been keeping the Court waiting, but we will take your whakapapa. Had you not arrived I should have struck out your name and that of the applicants you represent. The genealogy of the seven names Karewa put in on List No. 9a was then gone into.

3—G. 7.