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23. What was the next move?— Mr. Bell said that before we could proceed further to stop the case it would be necessary to found a fund of £800 at least. That was to engage counsel and do various things connected with the affair. But that, probably, was not all the money that would be required, because it was possible there would be very great opposition shown to our propositions, and the matter might have to be taken to the Privy Council at Home. 24. Hon. Sir J. Car roll. ] The fund, then, was to contest the title with? —For the moment the £800 was required as the next step towards taking the matter into the Supreme Court. 25. Mr. Massey.] To provide for possibilities?— Yes. 2G. This £800 was to be a trust fund? —It was to be placed in the hands of a third party so that there should be no trouble about funds. Mr. Bell said " Don't you ask me for any advice as to how this mono}' is to be raised. That does not concern me at all." So we knew the position exactly. In due course we had a meeting at Mokau. 27. Before you leave that, let me ask this :do 3 T ou know that when any one —European or Native —approaches a firm of lawyers and asks them to undertake what may turn out to be a very expensive lawsuit, it is usual on the part of the legal firm to ask for a deposit?—Of course I quite understood that. I did not make any objection whatever. Well, in due course we had a meeting at Mokau, and a good many signatures were obtained. They are here on the document. 28. Hon. Mr. Ngata.] What was the document that you obtained the signatures to? —The writ with regard to If —well, signatures to all the writs dealing with the whole of the leases, but the most important was If. 29. Mr. Masse;/.] Ihat is the big block?— Yes. We had about forty signatures to that one. 30. Hon. Sir J. Carroll.] Was it a warrant to sue?—lt was a statement of claim against the lessee for not complying with the conditions as to improvements—the covenants of the lease. Now, Mr. Bell told me that, in case the matter went before the Supreme Court, the lessee had a right to relief once, but that he might be fined an amount; but Mr. Bell said that Mr. Lewis would not be responsible for that —that as he had taken the property over at a valuable consideration, no charge could be laid against him, but against the former lessee, Mr. Joshua Jones. 31. Mr. Massey.] Are you quite sure about that?— Yes, that is what I understood. In due course we had a meeting at Mokau, when a committee was appointed to explain things to the Natives. 32. Was the meeting held on the block? —No, on the opposite side of the river. 33. The Chairman] At the Maori kainga there?— Yes. The matter was explained to the Natives by Mr. Damon (the interpreter) and Tuiti Macdonald, who was also an interpreter, and it was stated that certain moneys would be required. As a result the sum of £50 was collected, £20 from one person —a woman —and £30 from individuals. I never received that money. It was taken charge of by Aterea, I think, and was expended, I believe, in food and expenses. I had nothing to do with it at all. 34. Hon. Mr. Ngata.] Was the committee formed when you first saw Mr. Bell?— No. With regard to the money, there seemed to be a difficulty in getting further funds, and it was arranged that I should have authority to dispose of any lands which were available, either by sale or lease, so as to raise funds to carry one the Court business. 35. Mr. Massey.] Was the proposed sale discussed at this meeting at Mokau? —Oh, yes. All those who were present agreed to oppose it. 36. Without exception? —Most of those who were there, I think, agreed to oppose the sale.
Tuesday, sth September, 1911. Henry Hardy further examined. (No. 9.) 1. Mr. Massey.] Can you pick up your statement where you left off on Friday, Mr. Hardy? —With your permission* Mr. Chairman, I will refer shortly to one or two things which were not made quite plain on Friday. My first reference to Mokau-Mohakatino If should have been In. I was rather at sea with regard to the geography. The block that Mr. Bell said he thought could not be attacked was In, not Ik. Of If he was fairly certain, although he was not oversanguine with regard to any. Then you asked me if Mr. Bell had instructed me to oppose the Rale of the land. I think I agreed to that, but in doing so I did not do myself justice, because the onus of appearing at the Court did not rest with me at all. In the first place, Mr. Macdonald was counsel for the Natives, and he was the intermediary between myself and the Natives, and I had nothing -whatever to do with the Court proceedings. In the second place, the objection to the sale went without saying, because it was a corollary to the issue of the writ; and, in the third place, Mr. Bell said that in all probability lie would be present at the sitting of the Court on the 10th March. Mr. Bell said that it would be somewhat costly to move him to Te Kuiti : three days would be spent, two of them on the railway. I said that big guns required big charges, and Tuiti Macdonald, taking his cue from that, said that Mr. Bell was not a five shilling popgun. I mention that because that remark has been attributed to Mr. Bell. That suggestion did not come from Mr. Bell, but followed on what I said with regard to the big guns requiring a big charge. Then, with regard to the indorsement, when the order of reference was drawn out Mr. Bell asked me to sign each sheet of it. I think Tuiti Macdonald ."iso sighed those sheets, but I am certain that I did. 2. Eon. Sir J. Carroll.] What do you mean by "order of reference"? —He had a foolscap book in which he wrote down all the instructions with regard to each block. Those were Ins
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