GIFT OF GREENSTONE

Dominion, Volume 8, Issue 2365, 22 January 1915, Page 6

GIFT OF GREENSTONE

TO CAPTAIN HALSEY

MAORI LITIGATION (By Telegraph.—Press AusoolaUoa.) AuoUland, January 21. Mr. Cutten, S.M>. gave judgment today at the Magistrate's Court in..the case hoard before Christmas in which .Heuaro Kaihau (Mr. F. G. Massey) suod Mere Paora (Mr. E. C. Blomneld) for possession of a block of greenstone of tho estimated value of £100, also for £25 damages for alleged wrongful detention of samo. Interest centred in thiß oase because tho defendant presented the greenstone to Captain Halsey, of H.M.S. New Zealand, when it was claimed by Hanaro Kaihau. It was left in charge of the Mayor of Auokland, pending a'settlement of dispute. ; ' . Mr. Cutten said tho claim. was for possession of a block, of greenstone weighing 1761b.. and apparently greatly prized. Plaintiff and defendant were both Maoris of high rank. The stone had been, in the possession of the defendant and her father for a great many years. It had been presented to another Maori Chief and ultimately returned at the time of the visit or H.M.S. New Zealand to Auckland. Mere Paora presented the block of greenstone to Captain Halsey. Plaintiff-then olaimed the greenstone and notice was given to Captain Halsey. It was' then arranged to leave the greenstone in the possession of the Mayor of Auckland. Mr. Cutten added: "I think it may be taken that no Maori-of the rank of defendant would have risked reflection upon the good name of the Maori race by presenting any article which did not belong to her. At most, therefore, the presentation must have been made under misapprehension. • In the circumstances it is. very unfortunate that Captain Halsey was brought into the matter. One would have thought it more in accord'with the traditions /f the Maori race that a Maori of high rank would acquiesce in the presentation even'if a mistake had been made, rather than that ,a reflection should be cast upon the whole Native lace. It would, too, have accorded well with the Maori sentiment that; the_ greenstone should be with the battleship New Zealand" while -she was doing her duty in the present war. However, if Kaihau considered he had legal rights he was no doubt entitled to take steps_ to enforce his rights." His Worship then reviewed the evidence ait some length. "It was clear," -the judgment proceeded, "that plaintiff's acoount of the matter was unsatisfactory. He had left the stone in the hands of other peoj>le for 28 years, without making any claim for its possession, although, he said he left it in Paora's possession merely _ for safekeeping. He did not claim it on Paora's death; further, it was to be noted that if plaintiff's story was', true Paora Tuhanere was guilty of extremely dishonourable conduot, in that the stone, which he held in trust for Henare Kaihau, he gave to his < young daughter. Whatever faults Native character might have, it was extremely difficult.to believe that 'Maoris of the rank of these men would act in a way that would be dishonourable in the eyes, of their own people." Mr. Cutten concluded: "I am satisfied that the history of the' stone given, by defendant is a true one, and, that at the time of presentation to Captain Halsey the stone was defendant's proJudgment was given for: defendant with costs. : l ';Mr.i stone will now be sent off to Captain Halsey. I