G.—6b

2

In concluding, 1 wish to draw attention to the fact that petitioner allowed twenty years to elapse before she moved for relief, although at the time of the making of the order she was then and for many years after living with Mr. J. M. Fraser, Native agent, a man well versed in matters appertaining to the Native Land Courts, as his wife. I enclose herewith a copy of the minutes taken on the inquiry. I have, &c, A. J. Holland, Judge. Taupiri Lot 451.—Eeferbnce under Section 2, Native Land Claims Adjustment Act, 1913.—Successor to Pirihira Tarawhiti. Mr. Withers : Petitioner was a daughter of deceased. Succession order was made in her absence. I will call— Mary Wade (sworn) : I was formerly called Mere Palmer Tarawhiti. Deceased was my mother ; died about 1887 or 1888 —do not know year. I discovered the making of the order to Hone Pera, but when I did discover it I was too late to lodge an appeal. I heard that Hone Pera had been appointed successor. I never heard that he was to be appointed successor, nor did I give any consent. When I learnt of the succession order I appealed to the Chief Judge of the Native Land Court. It was returned to me with advice that section 50, 1909, did not apply. I then petitioned Parliament, but did not go down to prosecute my petition. I petitioned a second time, and appeared in the matter personally. Eoka Hopere is my sister, and Karaka Tarawhiti is my brother. I am entitled to one-third of deceased's interest in block. To Court: I was never told why this interest should go to Hone Pera. ■ I did speak to Eoka and to Karaka. Eoka said that when alive Pirihira had decided what persons should succeed her. I was not then good friends with Eoka. Eoka also told Karaka the same as she had told me. To Hone Pera : I did not bring Pirihira's will to you. I went to Coromandel to visit you. I remember giving you a letter from deceased, but I do not recollect handing deceased's will over to you. You were not adopted child of deceased ; you are the child of Pirihira's eider sister. We lived together at Taupiri. (Mr. Withers has no further evidence.) Hone Pera (sworn): Mere Tarawhiti gave me a document which I took to be a will. It was given me in Auckland. I took it to Koputauaki. Mere went with me. Document was burnt when my house was burnt. I then came to Taupiri and informed Mere, Eoka, and others that it was burnt. A short time after I applied for succession. Eoka prosecuted the application at Mercer, and order was made to me. Mere was then married to Fraser, a Native agent. Cannot say that she was aware of application. Pirihira was my aunt. I lived with her. Pirihira has many lands, but this was the only interest she decided to give me. The will or letter was a statement that this interest should go to me. To Withers : Deceased left other properties. The will did not allude to them. Will was addressed to me, and was given to me by Mere. Mere knew of the contents, but I did not tell her what the will contained. Showed will to no one. Based my claim on will. Cannot say any one else but myself saw the will. Pirihira was alive when I received will. Will said that it was out of aroha this interest was to go to me. My house was burnt one week prior to receiving news of Pirihira's death. Mere told me will was written by old woman, and that the old woman was giving interest to me. I was about fifteen when I left Pirihira. I returned after three years. I lived with her for another four years. I then married and still continued to live with her. Pirihira's own children lived with her. Pirihira told me that I was to have this interest; Heta, her husband, heard her. Karaka Tarawhiti (sworn): I never heard of this will to Hone Pera. I was present at Pirihira's death, but never heard of this will. Case was dealt with in 1890 at Mercer. I was then at Eotorua. I there received a letter from Eoka to the effect that this interest was awarded to Hone Pera under will; that will had been burnt at Coromandel; also that Mere had seen that will. She stated that she would give evidence of this will, and asked me not to make any objection to the application. I replied that if what Eoka had said was correct I would raise no objection. At that time Eoka and I were not on. friendly terms with Mere. Did not see Mere till some time after case had been dealt with. I asked her if she knew anything of this will, and she said she had never seen one. I have no interest in this case now : I allowed it to drop. To Withers : Pirihira never mentioned anything about a will to me. I only heard of the will from Eoka. When I saw minutes it was too late to appeal. I make no claim to this interest. To Court: Hone Pera lived with Pirihira for short periods. I was a child with Hone Pera, so cannot say if he lived with Pirihira after his mother's death. Eoka Hopere (sworn) : Pirihira was my mother. It was I who placed application to succeed before the Court. I never told Mere of the succession, but I wrote to Karaka. I never saw the will. In my letter to Karaka I told him that I had heard of will, and he replied that if there was a will he would raise no objection. Another brother accompanied me to Mercer and agreed to the order to Hone Pera. Never heard of will from my mother, but from Hone Pera. I agreed out of aroha that the interest should go to Hone. I believed at the time I made the order that a will to Hone Pera had existed. Never mentioned to Court that there was a will. To Withers : I acted for my family in this matter. Nothing to show that I was acting for Mere. Never heard that Pirihira adopted Hone Pera. Cannot say if Hone Pera as a child lived with Pirihira : he did so as a young man. Ap-proximtite Oo.u of Paper. —Preparation, not given ; printing (650 copies}, £1 12s. 6d.

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