THE MAORI MESSENGER. Auckland, September 11, 1851.

Maori Messenger : Te Karere Maori, Volume 3, Issue 71, 11 September 1851, Page 1

THE MAORI MESSENGER. Auckland, September 11, 1851.

A case of much interest and importance to our native readers has, we are happy to say, been recently arbitrated by the Resident Magistrate, Thomas Beckham, Esq. to the eutiic satisfaction of all the parties concerned. As this case has been th« source of much vexation for a period of nearly two years, and a< its amicable arrangement is alike creditable to native intelligen>c and forbearance, we deem it incumbent to firnisli mi utitheiuie stutomeiit of .the particulars, not merely to exhibit the good faith and commendable prudence of the litigants, but to demonstrate that native dependence upon the integrity and impartiality of the decisions of British Justice,, is neither niisp aced or unavailing. About two years since, a married woman, name Tauroa, of the. Ngatuimctnlii tribe, having conceived a passion for Manuera of Wakataite, a native of the Ngaitonu tribe, abandoned her husband Taunnlia, of the Ngati Umetalii tribe, for her paramour, the younger brother of Te Kawliin, of the Ngatipaeko tribe; among whose people she continued to live in adulterous intercourse with Manuern. For this offence the tribe of Tauroa demanded compensation and received as a full and complete satisfaction, one double barrelled gun. Afterward*, however, Iliaka Tupou and his tribe demanded that Tan-

roa. who was related to them, should he given up. With this demand Manuera am? his brother Te Kawhia refused to comply, on the plea that full satisfaction lor the wrons had already been made and accepted. This, however, did not satisfy Ihaka Tupou, who took forcible possession of a schooner ral'ed the " Rebecca," of which he and Te Kawhia wero joint owners. This vessel Ihaka Tupou would neither relinquish, nor yet would he reimy Te Kawhia the sum of money which be had invested in her purchase. These proceedings were the cause of much heartburning and anger among the tribes, both parties residing at VVakaiane in the Bay of Plenty. Having been unable to effect any accommodation of themselves, in November last Te Kawhia solicited the intervention of the government praying that he might either be put in possession of his share of the vessel, or that he might be enabled to obtain from Ilmka Tupou the repayment of his portion of her purchase money. In conformity with this desire, on the ,')th of Decembe'r following, nil parties as semhled at the Natiie Secretary's Office where n loi.g and fruitless discussion ensueil, the only decision to which they could come being to leave tbo matter for the arbitration of their own Chiefs. This, limvcve:-, would also appear to have proved «;failure. At leait, «e find them like well conducted intelligent men, entering i„to a Bond, on the 2nd ol the present month, to refer all matters in dispu'e to the full and final decision of the Resident Magistrate, to abide t'y that decision, n nd consenting that the agreement and award should be made a Rule of the Supreme Court of New Zealand. In pursuance of this agreement, the case was investigated that very day, when the following evidence was adduced. Tb Kawhia stated that the vessel in dispute was named " Rebecca/ She belonged to himself and Ihaka Tupou. They purchased her from an European, named Tommy, some years since. He (To Kawhia) paid for his share of the vessel, twenty large pigs, ten baskets of corn, twenty baskets of flax, and two hundred and fifty baskets of potatoes. He had been dispossessed of his share by Ihaka because of the woman Tauroa. It was after he had purchased the vessel that the woman cam" to live amongst his tribe. He <lid not know why Ihaka interfered on account of this woman. He had paid compensation to a man called Umutai for this woman—he had a'so given Ihaka a double barrelled gun on the same account Was still kept out of'possession of the vaasel from the same cause. Manokua said, TeKawhia, Ihaka, and I, purchased the "Rebecca." Ihaka was to have one half, and we two the other, I and Tc Kawhia, gave twenty large pigs, ten baskets of corn, twentv baskets of flax, and two hundred and fifty baskets of potatoes for the vessel. Te Kawhia permitted the woman Tauroa to live with him. I washer husband. She ran away from me to Ihaka. She was a widow when I took her. Te Kawhia had nothing to do with her, but lie is responsible for my act, being my *lder brother. The vessel belonged to us these two years. We had no compensation for being turned out of the vessel. Ihaka 'l'veoV stated I have heard whnt the witnesses have said, and their statements respecting the woman are correct. They acted according to the native law, but 1 pursued a different course. I was requested by Mr. Wilson, my missionary, not to allow them to have anything to do with the vessel. Mr. Wilson advised me to pay them for the value 1 had received in purchase of the vessel. Their statement respecting the -payment they made is incorrect. They j-iive 17 pigs, twenty baskets of corn, twenty baskets of flax, seventy baskets of potatoes- I gave two hundred and fifty three pounds in money for the vessel, inducing their omount of twenty three pounds liflecn shillings. I returned the payment I had received when the woman came to me. I put her away. She was married to Tnnaha, one of my tribe, from whom Manuera stole her. Te Kawbiu*s parly are not the same tribe but they ore neavlv related. I brought the provisions I have mentioned to Auckland. The potatoes, flax, &c., given to me by Te Kawhia's party were grown on my land. I

This was the case for the Resident Magistrate to determine, and it will be apparent from the award which has been made that that decision is well calculated to increase native confidence and respect in the purity of the administration of Justice. "Tlie Plaintiff's written s'atement to the Native Secretary differing somewhat from his testimony at the investigation of the I case by the Arbitrator leads him f> beliove in the correctness of the Defendant's statement, which sets forth that the Pla'ii (iff gave goods in consideration of his interest in the vessel to the amonnt ot about twenty-Hve pounds only. The arbitrator therefore is of opinion tint allowing interest for the two years during which this dispute lins continued, the plaintiff thereby being prevented by the defendant from deriving any advantage for that period from his outlay, the sum of Thirty Pounds would be a fair mid reasonable allowance to be made to the planliffin full liquidation of his claim by the defendant. The arbitrator therefore awards the sum of Thirty Pounds to be paid by the defendant to the plaintiff, the latter on his part undertaking to forego all further claim upon the vessel.'' It is extremely gratifying to be enabled to staie" that this judicious decision afforded complete satisfaction to all parties. And as the impartial and upright mediation of Europenns has been found so successful in the arrangement of a dispute of so much delicacy and of such long duration, it is to be hoped our native brethren will henceforward feel such simple means of mediation a ready and honourable method of escape from discord and difficulty. The full amount of the award was paid o»er in Court to Te Kawhia j hut Ibaka Tupou having but ,£24 13i. in his possession at the moment, the Native Secretary advanced him the necessary bulaiue £5 75., whieli was duly repaid, six days thereafter.