NATIVE LANDSCOURT, CAMBRIDGE.

Waikato Times, Volume XX, Issue 1650, 1 February 1883, Page 3

NATIVE LANDSCOURT, CAMBRIDGE.

Tuesday, —(Before Their, Honours Judge^ OBrien, and Judge Williams). \

The Whakamaru Re-hearing. At the 6rioriihg of the JGo'urt this morning, the first case called was the Whakamaruwhich had been set down for, hearing on this day. The Court stated to the natives, that inasmuch as it had been announced that they would finish' up the Whetu and Waotu eases first, they would have to postpone the hearing of the "Whrtkamaru until that time. In regard to the Maketu Court, which is gazetted to sit on the 2nd February, the Court in reply to several applications made by the counsel and natives at various times during the la&t eight ov ten days, directed the list of cases to be read over, and told the natives who were present that if th«y •would then give in the names of the cashes in which they claimed to be concerned, and which were on the list of cases to be heard at Maketu, the court would indicate the fact to the judges at Maketu, and suggest that if practicable the cases in which they were concerned might be taken last.

Applications for the Adjournment of the Tatua Block to Taupo. The next case called up was the Tatua Block,. In respect to this block, applications have been made at various times — J^aud against its being heard at Camfiose i. An opposed the hearing al Cambridge mainly preferring to Have ifc heard at Taupo. Apeia, Hame te Kume, one of the claimants, opposed the removal of the case from Cambridge to Taupo, giving a number of reasons in support of his objection, the principal of which were, (1) That the case had been three times heard at Taupo without result : (2) that the Court had brought the case to Cambridge to be heard, and the people had come down in response to the Court's notification ; and, (3) that the cost ot living at Taupo was much in excess of that of living at Cambridge, consequently all of them could live at a much cheaper rate at Cambridge than at Taupo. — Dr. Bullcr said he appeared for certain persons claiming in the block. They were anxious that the case should be heard at Taupo. He pointed out that when application was fiist made to have the T.itua block heard at Cambridge, the Chief Judge himself was disinclined to .grant the application, and only did so upon the payment of £100, which Dr. Bullcr alleged wjis the amount to meet the cost of the Taupo people in* coming down to oppose the hearing of the case at Cambridge if they should think proper. He would give in his retainer in respect to some of these people signed in his own presence. — The Court, through His Honor Judge Williams, said they had received a document, pin porting to come from claimants to the block, asking to have the case heard at Taupo.— At the request of Te Kutnc, the document with the names attached thereto was read. — Te Kutue pointed out to the Court that some of the people whose names were attached to the letter had no claim whatever to the block, that others were not present in the distiict, but resided at Rotorua, Kapiti, and various parts of Waikato, that a large number of the names weie those of children, and some of them were those of babies still being fed at the hi east. — Mr iShcehan followed, and called the Court's attention to the fact that the document referred to was written from top to bottom, including signatures, by one man. The assertion of Apeia Hame te Kume, a man of standing and position in the tribe, and for whom he (Mr Sheehan) did not appear, as to the number of people having no claim, and as to abaentees, including children and infanta in aims, wasuncontradieted ; and without some evidence of the bunujith s of the document, some proof ot the condition in which it was signed, where, and by whom, it was impossible that the Com t should treat the document as more than a sheet of waste paper. Ho would ask Hie Couit at the piopertime to take evidence as to its correctness; his iiistiuctions being that the document in question was a forgery, and an attempt to deceive his learned mend Dr Bui lei, himself (Mr Hhechan), and more especially the Court, upon whom the whole responsibility rested. He would show them there was no such district known to the law as the Taupo district. When he himself was Native Minister, at the request of the Chief Judge he had abolished all the small districts, and made the North Island one entiie district. That order was an Order in Council, and had been diawu up by Mr Dtekson, the present clerk of the Court then sitting. Ho would quote one particular case now on th»; liht bet down foy luuviuig at tlic present Com t. In this eabe an application had been made by Hon Kerei Tairoa, M.H.K., to have it heaid at the Court then sitting ; the land in question being situated in Otiu_'o. He had applied to have sittings of the Court ut Napier to hear claims relating to lauds extending into the heart of the Taupo country. He would also quote the case of the Te Aroha Block which had been heard twice unsuccessfully at Matamata and Coromandel, respectively, and w Inch had been finally heard and settled in Auckland, and which was now the propeity of the Crown. While he contended there were no local disti icts, he admitted the Court had a duty to perform towards the claimants of this land. It was clearly in the power of the Court to decide for itself where a case should be heard so as to secure three things, viz., the convenience of the Court itself, the smallest possible cost, and the least possible delay. Again, no person could deny Te Kumes statement that the pi ice of all things required for the mere sustenance ot life was much too gteat. The actual cost to everybody attending the Couit at T.mpo won id be more than double that at Cambridge. On thft question of delay the argument was btill stronger. This case had been named for this Couit many months ago, and he had been informed that many of the people asking to have the case adjourned to Taupo were then present in Couit waiting for the hearing of the Tatua. The Court at the present time was vei y much overworked. Courts were sitting or about to sit at Cambridge, Maketu, Bay of Islands, Gisborne ami Waipawa, with the prospect, perhaps, of aCourtatKotorua. The physical strength of the Court was imequal to meet even the present demand, and, therefore, the adjournment of this case to Taupo meant the adjournment of it to some Court, whose time of sitting could not even now be guessed at. This case, moreover, had been before the Court t.ince 18GS, and if the Court could ascertain what amount the people had spent jicoufts and surveys, he was quite cerPSIi it would be much better to have the Tnoiiey than the land. He had heard a document, influentially signed in support of the application, was on its way from Kotorua, and he would hand the same to the Court on its arrival. — Dr. Buller, Mr •Sheehatt not objecting, again addressed the Court upon the matter, his contention being that it was ' not, unusual for Maories to attach the signatures of other people sent by them to the Court, and he would call the Court's attention to the document handed in by Mr Sheehan, on which a number of names had evidently been written in one baud, though he was bound to admit that those on tlie, second! and third documents handed in iby Mr Sheehan appeared to be signed by the parties whose panics were thereto" attached. At the conclusion of a lengthy, warm, but good-tempered discussion, the presiding judge said the Court did not mean to settle the.matter that day. They thought tnat,an objection' by anyone claiming to, own the land against , its being heard at Cambridge would Jibe sufficient to justify them in transferring the case to Taupo, unless it could be shown there was a possibility . of a want .of- food- or- intimidation,- or. ~ some- otli^r cause that might interfere with tlie propel* course of justice., They, had, however,' decided' 'to' leave the' matter' open until iiexti day. when the'oasb would be

was prepared to offerieVidence to the Oourt upon the question of food, delay, nnd the bo>\a iftrfip ohthe document, thentefore the Court. < The Court then ad-, journed for lunch.— 'The afternoon wasoccupied witli the further re-hearing of the Whetu case, the witness under examination'being Mr W. H. Glace.