A DISPUTED GIFT.

Taranaki Daily News, Volume LVII, Issue 192, 22 January 1915, Page 8

A DISPUTED GIFT.

| TO H.M.S. NEW ZEALAND. j MAORI NOTABLES IN COURT. | Bv Telegraph.—Per Press Association. Auckland, Last Night. Mr. Cuttcn, S.M., gave judgment to,day at the Magistrate's Court in a case heard before Christmas, in which Henare Kaihau [Mr. F. G. Masscy) sued Mere Paora (Mr. E. C. Blomfield) for possession of a block of greenstone,- of the estimated value of £IOO, and also for £25 damages for alleged wrongful detention of the same. Interest centred in this case because tlie defendant presented the greenstone to Captain Halsey, of H.M.'S. New Zealand. When it was claimed by Henare Kailiau, it was left in charge of the Mayor of Auckland, pending settlement . of the dispute.

Mr. Cutten said the claim was for possession of a block of greenstone, weighing 1751ba., and apparently greatly prized. Plaintiff and defendant were both Maorics of high rank. The mere 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 of H.M.S. New Zealand to Auckland. Mere Paora presented the block of greenstone to Captain Halsey. Plaintiff then claimed the greenstone, and notice was given to Captain Halsey. It was then arranged to leave the greenstone in pssession of the 'Mayor of Auckland. Mr. Cutten added: "I think it may be. taken that no Maori of the rank of the defendant would have risked a 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 a misapprehension. In these circumstances it is very unfortunate that Captain Halsey was brought into the ■matter. One would liave thought it moro -in accord with the traditions of 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 race. It would, too, have accorded well with Maori sentiment that the greenstone ehould be ■with the battleship New Zealand while she was doing her duty in the present war. However, if Kailiau considered that lie had legal rights, lie .was no doubt entitled to take steps to enforce his rights." His Worship then reviewed the evidence at some length. It was clear that plaintiff's account of the matter was unsatisfactory. He had left the stone in the hands of other people for 23 years, without making any claim for - its possession. Although lie said he left it in Paora's possession merely for safe keeping, lie did not' claim it on Para's death. Further, it was to be noted tin;* if plaintiff's story was true, ■Paora Tuhauere ) vaa guilty of JXtremeiy dishonorable conduc-t ill that the stone which he held in trust for Henare Kaihau lie gave to his young daughter. Whatever faults the 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 dishonorable in the eyes of their own people. Mr. Cutten concluded: 'i am satisfied that the history of the stone given by the defendant is the true one, and that at the time of tlie ■presentation to Captain Halsey the stone was defendant's property. Judgment for defendant, with costs." ' Mr. Blomfield remarked: "The stono will now be sent on to Captain Halsey."