NATIVE LAND COURT.

Poverty Bay Standard, Volume XI, Issue 1371, 20 October 1883, Page 2

NATIVE LAND COURT.

EXAMINATION OF KATARINA KAHUIIA. On Thursday morning a large number of interested persons thronged the above Court in order to heir the examination of Katarina Kahutia. The worn -n spoke in clear and decisive toues, without hesitation or effort. Ka'urina Kahutia—l appear here to speak about Mr Tucker: afterwards I will speak about Allan VlcDonad. When Tucker left Captain Read he came to our place mid he remained the-e as occupant of our place. Mr Tn- ker was always saving “ Will you sell your shares t • me, ot they will go to Captain Read,” I said “jl

object to sell my shares to you hft “you will be sorry for not doing so I said “Captain Read had not Asked tne to sign to him.” Tucker fltill pressed me to sign, and said he would get Petera to sign. He continued to press me from day to day until t went to Napier : I remained two and 1 half years at Napier; I came bai*k hare during the third year}; I thought 'Flicker had left off bothering, but ho again came and asked me to sell those shares j I said to Tucker “ I do not know the redson of all this bothering me >**- he said “If I did not sign to him Peteraf would assign my shares to Captain Read j'* a Mr Tucker said “ If you will *ign ma J01H? F shares I will give you £l,OOO and pdy other exnens-"8. If this meets wl'.h yotlr approval I will give you £1.000; provided Petera does not join you. aa I object to him.” Petera and I had been separated about ten years then. T said “ Th&t is for my consideration.” He said “ If you promise to have Patera’s share I will duly give you £l,O K). If Petera signi the deed I will not sign at all.” Mr Tues*? •gain < ame to me after this And we theti went together lo his office Turiter thdti gob Dr Nesbitt, Mr Rogan Mr Fdrrift and another whom I frrg-<t. When the Magistrate came Mr Ferris read the deed to me; I did not take particular notice of what he r<-ad ; I was thinking of the £,JOC3 j I signed my name t*» It, after Dr Nesbitt had told me. That was all respecting the deed with Mr Tu-ker. By tha Bench —I have not been paid £1 WK) up to the present day. Examination continued : I will noUr speak of|Mr McDonald. After I signed the deed to Tucker, he came to me about the deedfl, and naked me to sell my share to him. I told him all my shares were gone to Tucker. McDonald said, “Oh, never mind, they are not passed to him ;if you sign to me I can get them.” He said he would give me £2OO. I did not agree to let him have the sharm. ’ but went away, he following me about. Ti saw Wi Brown, and when McDonald saw md talking with him he was afraid. Wi Brown naked me what. McDonald wan bothering me for, and I told him he Was trying to get my Rharefl. Wi BroWn fluid, “ I thought Tucker had a.l your nharss ; are they to come back to you/’ I said not as far as I knew. I asked Wi Brown to invalidate the deed I had signed to Tucker. He got a lawyer to com* after me. Myself, Wi Brown, and Hurrey, went into an hotel, then kept bvMr Bradley. When we got into the roon* McDonald and Tucker came. What they’ Raid I did not understand, but I knew it was to npse' the deed I hud signed to Tucker. Mr Hurrey wan afraid of McDonald and Tucker, and went out. Wi Brown and myself remained in the room. M‘Donald cainO over to my siJe, and said “Do not agree to the proposal of Wi Brown and this European, (Hurrey)?’ Wi Brown was going, but I said let us remain in the room, but he would not, and went out. Tucker got up and shut the door, and the three of us were together in the room. Tucker afterwards ask»*d me to go into the room above. We went up into the room, and Rogan, Nesbitt, and Ferris came in. The deed was read ovetf to me, and McDonald asked me to sign it Captain Ferris interpreted both deeds to me, and told me £l5O would be paid me fot* signing this deed, for my shares that went\ tn him in the Wha’aupoko, Kaiti, Pouawa, . and M ikanri Blocks, I have forgottc i the name of the other. The deeds I hud signed to Tucker, McDonald had them all in his poßsesainn After signing I came O'tside, McDmald followed me out, and told me that the only shares which he had were in the Whataupoko, Kaiti, Pouawa and Makauri Blocks, the other one Captdn Tucker had. Thl« is all. When Mr Tucker’s lawyer speaks t will answer him. By the Judge—T understood that I was to receive £l5O per year. I have spoken all the truth.

Bv Rees—l did agree to sell to Mf McDonald for £2OO. lam thinking whether the deed was interpreted by Captain Ferrit. T signed the deed. I did not a few days after signing to Captain Tucker sign to Mr Mr McDonald all my shares for £l5O per annum.

A document was here read purporting to he an agreement signed by Katarina > ing her interests to Tucker. Examination continued—l do not know of any such agreement between myself and Tucker Capt Tucker and others, including McDonald, chased me. I can bring Wi Brown and others to prove that such is the i rase. I was on speaking terms with Captlfh Tucker at that time, and wo were friendly. The only unfriendliness that existed was in 1 connection with Wi Brown. The unfriendliness was about this matter. After that Mr Tucker became unfriendly with me. At this time a solicitor was acting for me. Wl Brown got him for me. I did not agree to sell all these shares to Tucker for £lso. I did appear before Dr Neshitt and Judge Rogan, but I was taken before them by McDonald and Tucker I did not then agree to anything. I signed the deed of convey* • ance produced. Any deed that was nut be* i f-»re me I signed for them, though I aid not understand them. McDonald did tell me that certain of these were to be given to Riperata’s children, though I said I would n-»t agree to it. I received £230 from McDonald for my sale of the Wh»tanpoko. Mr P. Barker here rose and stated that with regard tn the Whataupoko transaction he had received a telegram from McDonald, which he produced, which stated that he had bought from K'tarina Kahutia for €2OO, •ho a letter showing the same, and another statement and Bank book showing the \ same. The registered book from the Trust. Com-mis-ionor’« Court was now produced, signed by Dr Nesbitt, which proved that the share ••• the Whataupoko was bought by M*Donald for £2f J. His Honor said that there was little doubt but what M Donald had bought the shares in the Whataupoko off Katarina Kahutia ; but, the quest'On wa* wh ether this £2o<) be a separate payment fr«»m the annuity. ' Mr Rees said that there was a deed show ing that Katarina Kahutia had transferred her interest in all the blocks, including the Whataupoko. Captain Ferris deposed —I interpreted the deed produce! to Katarina for £l,OOO. I was not present- on any occasion of the meetings between Tucker, M Donald and Katarina, when she alleges I was. The deed for £l,OOO I think was settled at the private residence of Dr Nexbitt. I was then brought down there to interpet it. Tucker flaid it ' was done to secure Riperata’s chMdren. Some time after this I interpreted another | deed with regard to the sale of the share in the Whataupoko Block. Katarina Kahutia informed me that she hid arranged that McDonald should have it. 1 held that deed for along time, then I gave it to McDonald. After that 1 believe some other arrangements were made, aud this deed was never made use of. His Honor wished to know if he was sure th it the deed was never made use of, and if the deed was certified to. Mr Ferri.—The deed was certified to by Dr Nesbitt. The money was paid by Barker and McDonald. I was not present at my of the negotiations, aw she says 1 was. 1 k iow the lands in the dee Im. I interpreted. At that time, considering the titles, the amount of £l5O was a fair payment for the share. • ross-examined by Kitarina Kahutia—l ha e no re -ollectio > « f goin-i t • the room in Hr 'lley’s Hotel, where Kahutia and Wi Brown were.

» Mr Roeg here stated that Tucker and M‘Donald d d not make anything out of tl • transao'ion.

Captain Tucker deposed—lt was 2 years after I left Captain Read’s employ that I heard Katarina Kahutia would sell her shar”® in the different blocks, I then went to her and asked her uoj to sell, but to consider her children, I also told her that if t e shares reached Captain Read’s hands shr Would never see them again. She spoke kbotlt her husband Pat ere. I told her not to be troubled about him. A dt-ed was then made out to me for £lOOO for her interest* in the different blocks. It was intended that I should pay the amount down, but I never said I would do bo. One thousand pounds was considered a fair price fur her imerests. I was then consulted about the transfer of the Whataupuko to M ‘Donald. [further.explanations and details were gon’s Into, the exact purport of which failed to reach our ear s '

'Katarina Kahutia—The agreement was drawn up by M ‘Donald. He used to oome and solicit and bo- her me every day. That is all I have to say Mr Tucker explained that the missing deed waa registered in 1877, hut had been lost sight of. It was a deed from Hiperata to McDonald.

After some further discussion, Hl? Honor •Judge Brookfield directed the interpreter to ihform Katarina Kahutia that providing she received all the arrears of her annuity and the future payment of the same was regularly assured to her, she had better settle the case.

During the progress of the examination, Mr P. Barker addressing His Honor, stated that in the Whautopoko Block matter he would bo compelled to take his ca*e to an-ithor and higher Court in order to obtain jusiice, He considered that he had been wronged and had expended upward* of £270 ih money, and £l6 for drawing out deeds in connection with the same. He was the most interested party, as Mr McDonald must convey to him two thirds of all the share* lie had obtained from Katerina Kahutia. This McDonald was compelled to do in accordance with the deed of partnership between himself and McDonald, and which he (Barker) now held in his hand. The only just way was to give the wom m back her land. This concluded the examination.