H.—29a.

3

the whole I am inclined to doubt whether tho evidence which has led me to the conclusions I have drawn would obtain a decision in a Court of law." I have, &c, The Hon. the Native Minister, Wanganui. G. B. Woegan.

Enclosure in No. 4. Notes on Colonel Eijssell's Repoet re G. B. Woegan. Incoeeect statement. Edwards, Booth, and myself declined to act as a Board. "Wo reported as Government officers simply, before the Board was proposed. Colonel Russell should have stated who displayed this alleged " reserve," of which I saw nothing except in the case of Major Turner, whose reasons for exercising caution had nothing to do with AVorgan's conduct, but were due to pressure of Government re his lease. Colonel Russell here confuses the Smith transaction (admitted and justified by Worgan—who asserts that Government would not be injured by it, and did not object) with others which were either not proved or were perfectly legitimate ones, tending to facilitate Government operations. There is no discrepancy between Colonel McDonnell's testimony and Worgan's statement as to sanction of Superintendent, as the latter's acquiescence in Worgan's request was a general authority, which might be taken fairly to include the particular act. This is a mere piece of blundering, in which valuo of leasehold subject to annual rent is confused with value of freehold subject to no rent at all. Tho evidence re lease proves just the contrary; and Mr. Fox's evidence is mere assertion of opinion. Error as to alteration of boundaries having increased value of Turner's lease. Smith's agreement was not disputed. Colonel Russell is seemingly surprised that the same evidence produced a different effect on his mind and mine. I can only account for this on the supposition that our minds are differently constituted, and, on the whole, I prefer my own, which would not admit as evidence what would not obtain a decision in a Court of law. There was clearly no inconsistency on my part in calling the attention of the Government to the. facts admitted by Worgan (re Smith) and the rumours about him, and yet approve of his action in all but the Smith affair, and believing that to be capable of justification, as, indeed, my telegram (signed jointly with Edwards and Booth) distinctly implied. The report ends abruptly, and appears, from the asterisks, to be incomplete. Taking it as it stands, it amounts to little more than the Scotch verdict of "Not proven ;" though the conclusion that ought to be drawn from the evidence, were it weighed as well as counted, is " Not guilty " of anything but having proposed to buy some land in conjunction with Smith, which there is good reason to suppose the Government could not purchase, and which there is some reason for supposing tho Government did not object to see Worgan purchase. On the whole, I differ in opinion from Colonel Russell as below, on each of the points raised: — 1. Proved as to Smith. No proof of injury to Government. No action. 2. Not proved as to falsity of assertion. 3. Not proved, and mostly disproved. 4. Not proved, and substantially disproved. 5. Disproved. 6. Proved, and never denied ; justification pleaded, which was not disproved, and is probably true. 7. Advance of money proved ; and sale to Taylor fully justified. ROBEET PHABAZIN. Wanganui, 13th January, 1873.

No. 5. Colonel St. John to Mr. G-. B. Woeoan. Sic, — "Wanganui, 31st January, 1873. In reply to your letter of the 15th instant, in which you protest against the opinion given by Colonel Russell on the Court of Inquiry held at "Wanganui on your proceedings, I am directed by the Hon. Mr. McLean to inform you that as the Government have already arrived at a decision on tho subject, it appears to him unnecessary to enter upon any further discussion respecting it. In reference, however, to tho third paragraph of your letter, Mr. McLean wishes you to be disabused of the impression you appear to have, that some special agreement was entered into between the Government and yourself. I have, &c, G-. B. Worgan, Esq., Wanganui. J. H. H. St. John.

No. 6. Messrs. Boom, Weay, and Blake to the Hon. D. McLean. (Telegram.) Patea, 12th May, 1873. _ Mb. Woman appears to have received credit from Treasury for £1,200 as follows: —For sections 1a and sa, £400 each, and for advances on sections 4a, Ga, and 2a, £400. Only £50 of this £1,200 has been received by the Natives. They have, however, received horses, harness, carts, &c., amounting possibly to £200. None of these articles have been paid for. In some instances "Worgan's bills have