CHRISTCHURCH.

Hawke's Bay Times, Volume 16, Issue 872, 21 November 1870, Page 2

CHRISTCHURCH.

Monday. Nov. 21. James Alexander, postmaster at Kaiapoi, was arrested last evening on a charge of embezzling Government monies. His defalcations amount to over £IOO. He was remanded this morning to Kaiapoi. The ballot was brought into operation for the first time in this Province on Saturday last, at Oxford. Higgins has been returned to the Provincial Council for that district, beating B. Hart by four.

Mr Christopher Balwood's stables were burnt down last night; the building was uninsured. This is the second fire in the same locality in less than three weeks.

ACTION FOR BREACH OF CONTRACT. J&oKinnon v. Wor^H*

This was an action in the Resident Magistrate's Court to recover the sum of £2O for alleged breach of .contract. The case was heard on Friday, 18th .inst, before S. Roehfort, Esq, B.M. Mr Stedman appeared for the plaintiff; Mr Lee for the defendant. John McKinnon deposed: I live at Arapawanui, and know the defendant. On the 4th September I entered into a verbal contract with him, in which, for the sum of > £lO,- he undertook to interpret and carry out the lease of a certain block of land at Arapawanui from the native owners. They were all willing to sign, and agreed that the deed should be in writing. The document produced is the lease. The owners of the land residing near Napier were to .sign the deed at Mr Worgan's office, and in a journey he was intending to take to Wairoa, he agreed to take the document with him and obtain the signatures of the other owners. On the day 1 expected him at Arapawanui, about the 2J.pt September, I had the natives all ready ; but when he came he did not bring the lease. He told me a law had been passed preventing the land being leased for a longer period than three years. I have occupied the land for two or three years, and have been paying the Maoris £4O per annum for it, and I said that rather than lease it for three years only, I would §o on as I had been doing. I said I would go to Napier and see about the matter, but when he returned from Wairoa I was too bu>y to do so, and nothing further was then said about the matter. The next thing in this affair happened about a Week after Mr Worgan's return; I received the deed from a traveller, without a word of explanation from the defendant. - He said Mr Worgan had given him the deed for me, saving he ought to write a note, but supposed it did not matter. On looking at the deed I found a mistake in my Christian name, about which I wrote him a note. To this I received a reply, anted 25th October. [The reply was read. It stated that the writer had made an inexcusable mistake in saying that the land could tiot bo leased for more than three years. The limit wan twenty-one years. Mr Towgood had now taken action to obtain the land, and under these circumstances he had returned the lease, thinking it useless to go any further with it.] On receiving tbis letter I at once came to Napier with two of the principal owners of the land, and employed Mr Grindell instead of Mr Wurgan. At the same time I got Mr VVorgan's letter I received one from Mr Towgood, stating that he had got the land, and prohibiting mo I'rom mustering my sheep on it. J. was then in the midst of shearing, and using the land. I felt rather alarmed, as I heard that the defendant had joined Mr Hamlin in getting a lease for Mr Towgood. The owners in the Napier district held a meeting, at whicu 1 was present. I had no interpreter there; but I afterwards retained jfcfr 'Jurrindell. 1 have paid Mr ttrindell £lB 17s 6d to complete the lease which Mr Worgan begun. I have been in town about tbis matter two or three weeks, and consider my expenses, including loss of time, equal to £1 per day. By Mr Lee: The deed was signed in Mr Worgan's office by three natives in my presence. There were other persons present, but I do not know who they were. I do not remember talking with Mr HoJloway about Mr r l?owgood. There are about thirty-seven owners of the block for which the lease was mado out. Some of them live at Arapawanui, some about iNapjer, and some at Mohaka. 1 did not say I would bring the natives to Mr Worgan's office to sign the deed; those about tSapier were to come themselves. I do not remember telling Mr Worgan that I would get the natives to sign it because they liked me better than Towgood. I had previously heard that Mr Towgood had been adyanping money to the non-resident owners on a promissory note or some such document. An alteration was made in the deed in favor of the owners by request of the majority, and my name was aiso corrected. About twenty-four lines were erased, and some new matter written in the margin. All tnis appears on the face of the deed. It was done after the first three names had been signed, with the consent of those who had signed it. The matter in the margin should have been put in the deed by ivlr Worgan j I instructed him to do it, but he omitred it. The deed was drawn by Calf and Stedman, who received their instructions entirely from defendant, who was instructed by me. I was to pay the lawyer's fee for drawing the deed, as well as the £lO to Mr Worgan. The only thing I went to Cuff and Stedman about was too see how much I had to pay for the deed, and 1 was told five guineas. [Mr Stedman said he would not raise any objection to this line of cross-ex-amination, but the evidence elicited certainly appeared very immaterial.] When defendant went to Arapawanui I tola him a'l the natives were present, ready to sign the deed; but 1 said it was of no use to the deed for a three years' lease. When he came back the subject was not mentioned—possibly because I was so busy with my shearing. He stayed at my house. Perhaps it was Sunday j I don't know that it was. If so, it was not a day to talk about business. I did not know that the land could be leased for twenty-one years until I got defendant's note. I returned the deed witn the note in which I complained about the error in my name. 1 aid not say anything in that note about fe oing on with tne lease, because I did not know how affairs stood'. Mr Grindell 1 has not been managing for me ; he has merely acted as interpreter ; 1 have been always with him, clon.g my own work. Whtn I came into town I called on defendant, and on the day after I got the deed from him. Ho admitted having acted Towgood. He admitted it in tnis way; he said he had the greatest difficulty in persuading Hemi Puna, one of the owners, to sign IWgood's h'«s«. When Worgan arrived at

Arapawanui there were natives from Tongoio arid other places waiting to sign the dead, ant} the whole affair could have been settled at once. I will swear that I did not say, " It is useless now to go on with the lease." By the Magistrate: When Mr Worgan arrived the natives were at the pa, about three-quarters of a mile from my house. Tongoio is about ten miles distant from Arapawanui. There were about fifteen owners present. , H. M. Hamlin, deposed: lama native in* terpreter, residing at Olive. I know the Arapawanui block, and have lately been engaged in negociations relating to it. In these negotiations Mr Worgan has assisted me. This was about three weeks ago; he assisted me by explaining the deed to the natives. I don't think he assisted me before that time. I was certainly not aided by him in September last. By Mr Lee: There are about forty owners to the block. Heini Puna (Jemmy Spooner), interpreted by Mr Hamlin, deposed; The signature on the deed produced is mine. I live at Arapawanui. I know Mr Worgan. I received * letter from him on the 15th Oct The letter produced is the one. [Letter read. It urged the receiver to come to town to talk about the Arapawanui land, as the lease to M' tunnon had been done a Way with.] I came to town, and saw Mr Worgan and Mr Hamlin at Mr Swan'ri. Mr Worgan said, "The reason X have sent for you is to talk about the Arapawanui land j $T.r M'Kinnon does not now wish to lease it, because Mr Ormond said the land could only be leased for three years. He told me this as I went to Wairoa. If it could have been leased for twenty-one years he would have taken it." I was hot offered anything by Mr Worgan. I did not repeive any money on that occasion from either Mr Worgan or Mr Hamlin. I signed a deed about the land at Arapawanui. It was a lease to Mr Tovgood. My reason for signing it after 1 had signed the other was because Mr Worgan told me the other lease was off. Mr Lee said the case for the defence wan that defendant had not been engaged as agent by the plaintiff. He was not to obtain signatures, buc merely to attest them, and a li« censed interpreter could not legally refuse to do this for any person who applied to him. Mr Worgan, to oblige plaintiff, said he woul4 take the deed with him on his way to Wairoa, that it might be signed. He did so, but wag never told that any natives were there waitin<» to sign it. An Act passed last sessjon ordained that the block in question, among others, might not be leased for a longer period than twenty-one years. Before this was gazetted it was currently believed that the hunt was three years, and the defendant had heard this on what he considered good authority. On giving this information to JVIr M.% innou, he declined to go on with the lease, and hi* subsequent action strengthened the defendant in that belief. The defence, therefore, was that defendant was not engaged as set forth iu the declaradon ; and, secondly, that any agreement between the parties was completely abrogated by the plaintiff. George T. B. Worgan deposed: I am a licensed native interpreter, and defendant in this suit | know this deed. I saw plaintiff on the 14th September, and undertook to assist him to the extent of witnessing the signatures tp trie deed of certain aboriginal natives, and to make the necessary statutory declaration respecting its execution. I told plaintiff I was going to Wairoa, and provided that I could meet the natives on the road I would do what he desired. I took the deed with me, and had it in my havresack when at Arapawanui. I saw some of the owners of the block in question when at Tongoio, and asked them to sign the deed, which they refused to do. My elerjc, Alexander Taylor, was with me a$ Arapawanui. I mentioned to M'Kinuon that the Government had refused to sanction a lease of the block tor a longer period than 3 years. I was led to that belief by a paragraph in the Herald. I had inquired at the office of the General Government Agent, and what I heard there was confirmatory of that belief. 1 still believe that that was the intention of the Government. The M\>haka and Waikarj block was confiscated because the owners had turned Hauhaus. The particular piece named the Arapawanui block was returned on account of the faithfulness of one of the owners, Teira. 1 had seen the Act in one of its s|;age3 f when the term of years was left blank. When I told plaintiff he said it was not worjih the trouble to get a lease, and that he would continue on his former tenure. He did not inquire whether I had the lease with me or not. i saw none of the lessors at his. house. He did not tell me any natives were there. On ray return I arrived at Arapawanui on the 9th of October, in company \utn my clerk and Mr Cuff. I had no conversation with JYl'ivinuon about native matters. \le saij he would be in town shortly. 1 arrived in town on the 10th Oct., and found that in my ab-.euce Mr Hamlin had obtained uoout twelve signatures to a lease lor the same block for which Mr M'Kinnou had boea negoeiating. Mr Towgood called and said he wquld take the land tor three years rather than not have it at ail. 1 sent Mr M'K.iunou's deed back to him; it had then three signatures. The 24 line erasure and the marginal addition have been made since those names were signed. 1 received a letter from Mr M'Kuiuou saving that 1 had sent him a lease drawn out in iavor of a Mr James M'&inuon j he did not know what it had to do with mm. 1 this rather an impertinent document, anu a revocation of any intention to go on with tne lease. Mr Towgood complained and was irri? table about my laiiiug up M'Kmnou'a case, saying he hau advuueed money previously, ftotne days alter this Mr JVi'JbLiuuou cujied on me with Mr iiriudel, ana asked it 1 would give him the deed, which i did. He brought no natives wnn him. I was requested several times to uia&e a statutory deohtratiqu to tug

three eignatures which had been made at my office.) but I said that as all these alterations had been made subsequent to .the signatures, I thought it would be necessary to take professional advice before doing so. I told Mr M'Kinnon that Puna had signed the lease to* Mr Towgood, but did not say I had jmy trouble in inducing him to doit. I have never been employed by Mr Towgood to obtain sig natures to his lease. I have been employed only as an interpreter. On several occasions Mr Towgood has brought natives, and baa had their signatures attested by me. There is a regulation that no licensed interpreter shall rci'uso to attest under such circumstances. I explained to Puna that M'Kinnon had to all appearance given up* the leas* on hearing of the 3 years' tenure. I told him of Mr Towgood's lease, and left the matter entirely to his own judgment. The three who signed Mr M'Kinnon's lease were brought to my office by Mr M'Kinnon, and signed it upon my explanation through his personal influence. By Mr 8 ted man : I make charge for the plan. lam both surveyor and interpreter, and of course <make charges in each capacity. I have made no eharge yet to Mr M'Kinnon, and I may add I have not the •lightest intention of making any. The plaintiff has paid me no money on account of my services. I did not mention anything about •the deed to the natives at Arapawanui. I did not mention that the natives at Tongoio refused to sign. Mr Towgood asked me to write to Puna to come to town. Henry Holloway, being sworn, deposed: I im a clerk. I had the back part of the builddng in which Mr Worgan's office was. This is my signature as witness of the signatures of the natives. Alter the natives had signed, Mr Worgan paid that the expense of procuring all the other signatures would be very great. Mr McKinnon said that he would get them to come and sign; that they liked him better than Me Towgood. While Mr Worgan was talking to.the natives, Mr McKinnon told me that Mr Towgood was trying to buy the land \ over his head. My impression was that Mr i McKmuon would bring the natives to Mr i Worgan. Mr Worgan said that for him to go , round to all the natives would cost more than the land was worth. Alexander Taylor, sworn, deposed: lam a clerk. I know plaintiff and defendant. Ire i member seeing Mr Worgan, Mr McKinnon, and some natives transacting some business ■ about a deed some two months since in Mr W° r g an ' B office. After the natives had signed j the deed Mr Worgan said that to go round to every one o! the owners would cost more than ; the land was worth. Mr McKinnon agreed $o bring the natives to Mr Worgan. He did not say when he would bring them. I went to Wairoa with Mr Worgan shortly after. We stopped at Mr MeK union's. We did not stay there all night; we had stayed at Mr Tow good'e, Tongpio, the night before. We went on to Mohaka the next day, and calied in at Mr McKinnon's. We were all sitting in the game room. Mr Worgan told Mr McKinnon that the land could not be leased for mort> than three years Mr M'Kinnon said he would do nothing further iu the matter. He said three years was too short a time ; also that he would leave the deed with Mr Wurman, and go on paying the yearly rent. I saw no natives about! 1 did hot hear Mr McKinnon tell Mr Worgan that there Were natives waiting to sign the deed. I was close to both parties all the time. By Mr Steduoan -. Nothing was said regarding the block at Mr Towgood's while I was there. There were some natives at Mr Towgood's that night. Mr Towgood himself was there. By Mr Lee: It was good weather at the time but the roads were bad. Mr Worgan bad been detained in town all the morning. We left about two or three o'clock. Mr Leo asked these questions to show that the stay at Mr Towgood's was an accidental circumstance. The case was adjourned to tea a.m. on Saturday. On Saturday his Worship, in giving judgment, said he considered it proved that the defendant had entered into the agreement, as stated in the declaration. He considered that the plaintiff had proved his case, and that he had buffered damage to the full amount claimed. Had he not made a rule to the contrary, he would have allowed solicitor's fee as well. 1

Judgment lor amount, claimed (£2O) and costs, £1 3s.