TRUST COMMISSIONERS’ COURT.

Poverty Bay Standard, Volume XI, Issue 1310, 17 April 1883, Page 2

TRUST COMMISSIONERS’ COURT.

Monday, 16th April, 1883. (Before Jas Booth, Esq., R.M., Trust Commissioner. ) Wharaurangi & Wairau Blocks. Mr Brassey for the applicant, Mr Peter Cooper, applied for the Trust Commissioner’s certificate to the transfer of Harota Pouiwa’s interests in these blocks, and was opposed by Mr Ward for the objectors, Read’s Trustees and Mr Agnew Brown, Read’s Trustees objected that Harota Pouiwa did, previously to the sale to Peter Cooper, sell and convey her interest in the said Wharaurangi Block to the late G. E. Read. Mr Agnew Brown objected that the said G. E. Read by deed dated 2nd August, 1875, did sell and convey to him the said interests of Harota Pouiwa. Mr Brassey, in support of Mr Cooper’s application, stated that the title was under the Poverty Bay grants ; that the land was never conveyed to the late G, E. Read j that the sigmitur* s were not genuine ; that the signatures differed in some instauces as being written, and in others marked by a cross ; that the signatures were falsely attested by a Mr Worgan, and he should be prepared to prove that no later than this morning Horata Pouiwa had been offered £45 by Read’s Trustees to execute a fresh conveyance He would apply to have the question settled on its true merits. The attesting witness, George Buckland Worgan, had been summoned to give evidence at this enquiry, but had failed to attend j he had thrown away the summons, and refused to recognise it. Harota Pouiwa deposed : I have seen the deed (produced) before. My name appears on it. Perhaps it is the deed of my sale of Wharaurangi to Peter Cooper. Wairau is also in the same deed, I understand that deed, I signed it after hearing its effect in Maori read, I received the £2O consideration money in cash. I signed a deed to Read at that period. Henare Potae, with whom I was then living, wrote my name to that deed. I authorised him to do so. I have been at the office of Read’s Trustees this morning, There was no conversation except that they questioned mo ua to my sale of Wharaurangi to Peter Cooper. Kfr Skipworth questioned me. There was not much said. He offered me £45. It was money for Wharaurangi. I told Henare Potae to write my name to that first deed. Mr Brassey pointed out that the deed was purported to be attested by Mr Hardy, who was actually not present when it was executed,

Examination continued ; I was present when Henare Potae signed the deed. It was done on board ship at Tokomaru—so Henare told me. I was there at the time, but I don’t know about my name being signed. Then I was told that I had sold to Read, and IJsaid very well, I have Baid that I never signed the deed. I was druuk when the deed was signed. I don’t know the name of the vessel. Hardy and Read, and other Europeans were present. I think Joe Kennedy was the captain of the vessel. I don’t remember what other Europeans were present. I don’t know whether Worgan was there.

By Mr Ward ; Robert Cooper spoke to me ' in commencing negotiations, but Peter Cooper was with him. The sale to Read was mentioned. I said I had already sold the land to Read. Peter Cooper was speaking and Robert Cooper interpreted. After a long talk I agreed to sell to Peter and sold. I was not pressed to sell. They said come and sign your name to us for Wharaurangi, and here is your money. I have been in possession of the land since I sold to Read. I am living there now. I stayed there with my relations. I thought my interest in the land had been sold as I have described, but I remained there with my relations. After the sale to Read, and before the sale to Cooper, I conveyed my interests to Bees in trust. Mr Rees told me that that portion of land which I had sold, while in a state of drunkenness, to Read, would come back to us. Consequently on that conversation I conveyed my interests in trust to him (deed produced). That may be the deed, but I can’t say for certain. Very likely my relations did sign, but I don’t remember them doing so. I did not tell Robert or Peter Cooper that I had signed that trust deed to Rees, I don’t know how many grantees there are in Wharaurangi. (The Trust Commissioner said it appeared very clear from the evidence that the woman had no knowledge at the time of the signature to Read. She was drunk at the time, but agreed to it w hen she was told it w’aa done by Henare.) Cross - examination continued i Henare gave me £lO of Read’s consideration money. 1 can write my name. I did not know how to do bo at that time. I have learned since. All that I know is that the sale was a bona fide one. I agreed to it. I was there, and I was told afterwards that Henare had put my name to the paper, but I was drunk, and I knew nothing about it. The Trust Commissioner said he thought there had been no sale at all. There was too much of this getting Natives to sign whilst in a state of drunkenness, and afterwards they knew nothing about it. In this case there was no doubt the woman was there, but she was drunk and knew 7 nothing of it. There is no doubt she was now doing all she could to support the sale to Read. She remembers Read and Hardy being present, and Joe Kennedy being the Captain of the vessel. Examination continued : Wyllie, Tucker, and Hardy had been frequently to me and asked me to .sell my interest previously, but I did not agree to do so. Mr Wyliie had been asking me for two years to sell; Mr Hardy asked me frequently ; and Mr Tucker

also, to sell, and at last it was done, These Europeans were not there on that day on which my name was put to the paper.. I know nothing at all about a bargain taking place it before I got drunk, but the following morning Henare Potae told me that I had been taken on board ship drunk, and had there sold my interest to Read. Ilis Worship said that doubtless a fraud had been committed; he would not say by whom. The woman had been made drunk, and while in that state had been made a party to certain acts of which she ■was enentirety unconscious. Mr Robert Cooper deposed that he had served a summons upon George Buckland Worgan on Tuesday last, in Gisborne, to attend this Court to-day on this enquiry. He gave Worgan half-a- crown at the'same time which he took in his hand, and asked what it was for? and was told a subptena. He asked what the half-crown was for? and was told it was a matter of form j on which he threw the half-crowngand subpoena on thia ground and would not pick it up* He went across the river about an hour afterwards, and started up the Coast. After some argument of counsel on both sides, His Worship adjourned the enquiry for a week for the evidence of Mr Worgan.