59

I.—lb

20. Then, it will be the improvements up to £6 an acre ?—Hardly that. The three gentlemen appointed to value the estate for the Boyal Commission reported that the whole property, with the improvements both east and west of the railway-line, represented a value of £6 10s. an acre including improvements. 21. Are these improvements protected?— Not in any way. I give them up at the end of the lease. 22. You had possession of this leasehold land and the 11 acres for the whole time; you have not been disturbed in the possession of them ?—I have been in actual possession of the land on the western side of the railway, but have not been in a position to deal with it in any way. 23. But still you have had the full benefit of that ?—Yes; in fact, I have been able to sublet part of it to a tenant. 24. Then, you have not suffered loss in that respect? —I cannot say that I have, except that my property has been rendered unmarketable. 25. There is some memorandum that was signed by Kemp—really an order—for you to pay his costs in this case. Was the order signed in Wanganui or in Wellington?—ls that the order that has been put in before the Committee ? 26. Yes ? —I could not tell unless I saw it; there are so many orders. Major Kemp spent a great deal of his time in Wellington, and many of the documents were signed here. 27. It is Exhibit C, on page 37 of the evidence [referred to] ?—I should think it was signed in Wellington, because the date is one day before the hearing in the Supreme Court. I cannot charge my memory, but think it was. 28. It is witnessed by L. Davis? —Yes. 29. What was he?—He calls himself a Native agent. He is a half-caste, and a son-in-law of Major Kemp, and acted generally as his secretary. 30. Of course, it was given at Wanganui ? —Yes; he always signed as at Wanganui. He attended Major Kemp at Wellington, and did his clerical work from dictation. 31. Wiki Kemp is the sole executrix of the will ?—She is of the will produced to-night. 32. Bora Korako is a sister of Major Kemp?—Yes; a sister of Major Kemp. 33. Is she still living ?—Still living. 33a. The other Natives who have instructed Mr. George Hutchison to lodge a caveat are Putiki Natives ?—Yes ; and they have a claim upon the Putiki Beserve, and they appear to think it is affected by the will. 34. Mr. Buller, of Buller and Anderson, who prepared the will, is your son ?—My son. 35. And he is practising as a solicitor in Wellington?— Yes. I may state that he had nothing to do with the preparation of the will. The will was prepared by Mr. Anderson, his partner. 36. Hon. W. Hall-Jones.] The last time you were here we had the question of costs before us, and you were asked to supply certain information. Ido not know if the Committee considers that the costs as supplied are in accordance with the requisition of the Committee, but I should like to know, in addition to what you show here, how much was paid in cash to Mr. Beddard specifically for the costs in the Supreme Court case?— Paid for Major Kemp in the Supreme Court action—Mr. Beddard, £119 2s. 6d. 37. Is that in the accounts you rendered ?—I think so. Sir Bobert Stout, as counsel for Kemp, received £157 10s. 38. Have these accounts been paid in actual cash ?—The amount actually paid by myself is £300 9s. in cash. The amount paid to Messrs. Buller and Anderson for some witnesses' expenses was £23 16s. 6d.; to Mr. Beddard, £119 2s. 6d.; and to Sir Bobert Stout, £157 10s. : making a total of £300 95., quite apart from my own costs of £335, which have also been paid. 39. How much has actually been paid in cash to Messrs. Bell, Gully, and Bell specifically in this action ?—Messrs. Buller and Anderson act as my solicitors, and they received exactly the same sum as Mr. Beddard. They agreed to divide the costs. They received £119 2s. 6d., because they divided them equally with Mr. Beddard. And then there were some out-of-pocket expenses; Ido not know exactly what they were. Mr. Bell's fee was the same as Sir Bobert Stout's, and was paid by myself—£ls7 10s. But there were some other expenses that fell upon myself—for example, Judge Wilson's expenses from Auckland. Major Kemp's costs were £300 95., and mine were £335. 40. Had you all those accounts before the Committee ?—I had. Mr. Bell had declined to be paid until the Committee met, but he then accepted payment. I paid him the next morning, and he was good enough to give me a receipt. 41. Can you produce the receipts? —Yes. 42. Under Major Kemp's will there is a trust to sell all landed property ?—Yes. 43. Including Subdivision 14 ?—There is no exception. I had nothing to do with it. Major Kemp's instructions to Messrs. Buller and Anderson were to charge his estate with the debt. I had to make advances to Kemp, and then it was proposed that he should execute a will and give me a charge on his landed estate. 44. At that time you had a mortgage over Subdivision 14 ?—Yes ; but it was in peril. 45. Is not Subdivision 14 over 640 acres?— Yes ; nearly 1,200 acres. 46. Can that be sold under the trust ? —'Assuming that Kemp's title is safe. The Native Appellate Court declared that Kemp was the absolute owner, and then for some reason recalled their judgment, treating it as interlocutory. 47. One condition of the trust is to pay you this £6,810? —Yes; and any other advances or payments I might make under his direction. 48. After hearing the will read, do you say that there is anything in that will showing that that sum is for costs?—No; it was simply acknowledging the debt.