39

I.—2a

person, and obtained payment. The writ was decided upon a legal question. The solicitors for the plaintiff did not, set out the written agreement. The case was discussed on technical grounds. I was informed by Air. AVatt, about the time that the writ issued, that he had notified to Air. Sheehan that, if he raised the question in such a way as to affect his title, as that document would, he should immediately prosecute him criminally, and move to have him struck off the rolls. That I have no doubt is the reason that document was not set out in the action. Air. Sheehan was fully aware of that document being in existence at the time that he made the arrangement with Air. AVatt. In fact, Air. Sheehan himself personally made the arrangement with AVatt to give him a good title. After this writ was issued, I met Eora in Napier. She came up to me and offered to shako hands with me, as she almost always did. 1133. Colonel Trimble.] AVhen was that ? —Thc same day as tho interview in Air. Cornford's office. I said, " What do you mean by coming to shake hands with me." She said, " I have always done so, and do not see any reason that I should not do so now." But I said, " I have a summons against mo from Air. Eees." Aly impression is that Air. Eees was iv Napier at that time, and I believe that his clerk served me with the writ. She said that she had not instructed Mr. Eees to issue any summons against me ; that she had been to Air. Eees to assist her in obtaining the balance of the money that she was entitled to at AVatt's settlement. I said, " AVell, you had better go along aud see Air. Hamlin about it, and let him interpret." I went with her then to Air. Hamlin's office. I saw Air. Cornford just before I got into the office, and told him that I wanted him to have a talk with Eora. Aly impression is that Eora and I walked into Mr. Hamlin's office, and that Cornford, having been in his room for a minuto or two, came in. Eora repeated the same conversation, remarking that what she wanted was the balance ot' her money she was entitled to —some five hundred or six hundred pounds. After some questions from Mr. Cornford, Air. Hamlin wroto down the replies. Eora said she would sign. After the paper was written, Hamlin read it over to her; she said it was correct, lie passed it along to her and said, " Sign it." She asked what she was to get, and I said, "Nothing;" because this was a matter in which there was no payment. Air. Cornford said that there was nothing to be paid. She said that she did not want much; my impression is, " E rima hereni, te kau hereni ranei," —five or ten shillings. At all events, we offered her nothing, and paid her nothing. She left, and I have never seen anything of Eora from that day to this, until she came down here. I do not remember having seen her since that time, until now. I never heard, directly or indirectly, until the petition was presented, that there was any question about the execution of that deed, or any misunderstanding in regard to it. The reserve was the principal portion of that transaction. It was passed over from me to Air. Coleman with the full notice of that reserve, and by Air. Coleman to AVatt also with a full notice of tho reserve. There were other deeds and other reserves in another block of land called Kakiraawa, exactly similarly situated as this is, which I understand are held to have been merged in the general arrangement. There is no difference except that the arrangements about the other reserves are more formal, and that the deed was deposited with the Trust Commissioner. This of Paora's waa simply written at the time the arrangement was made, aud was never reduced to a formal deed. It was always recognized. That is all.

Mr. Sutton.

24th Nov., 1879.

Tuesday, 25in Noteiibee, 1879. TVIr. F. Sutton, M.H.E., recalled, and examined upon oath administered yesterday. 1134. The Chairman.] Have you anything further to add to your statement of yesterday ?—No. I have nothing further than to state that in the year 1873 the Hawke's Bay Native Land Alienation Commission sat in Napier. There was no complaint laid before that Commission in reference to the subject-matter of the petition. 1135. Sir G. Grey.] I will ask Mr. Sutton a question. Did you and Worgan ride or drive there ? —Ou tho occasion of the purchase of Paora Nonoi's share AVorgan, myself, and Mr. Morrison, of the Mosgiel Company, Dunedin, drove as far as Mr. Coleman's homestead, which was about two or three miles from the pa. 1130. And did you drive on from there to the pa ? —No. AVorgan and I took horses from Mr. Coleman's. I rode on my trap mare, and Mr. Coleman's partner lent Worgan a horse. 1137. At what o'clock did you arrive at Paora's pa ?—1 could not say exactly. I should think somewhere about 7 or 8 o'clock. 1138. Was it dark? —My impression is that it was dark just about the time we got to Coleman's. It was dark when we were at Paora's. 1139. Do you recollect what lights there were in Paora's house?—lt was either a candle or a lamp, I know. It was dark when we arrived there. 1140. Did you bring the deed of sale of the property written with you ?—Yes. 1141. All prepared for signature ?—Yes. The deed had been previously executed by several of the grantees in the same block. It was not a separate deed. 1142. Paora had no legal adviser with him, or any one to act on his behalf ?—No, he had not. 1143. Was he quite rational at the time ? —Quite. I saw nothing to lead me to believe that he was not. 1144. Did you take any spirits with you ?—No ; none whatever. We called at no place on the road from the time we left my house in Napier until we arrived at Mr. Coleman's. 1145. Had you a bottle of brandy with you ?—Certainly not. 1146. Did you give any spirits to the Natives ? —No ; I was never iv the habit of taking any spirits with me on a journey. 1147. Did AVorgan give any spirits to the Natives? —I should say decidedly not. I saw no spirits there at all. AYe were together all the time. Ido not think any one could have had a glass of spirits without my seeing it. AYe were in the whare—all in one room—from the time we arrived until we left.

Mr. Sutton,

25th Nov., 1879,