THE MAUNGATAUTARI CASE AND APPLICATIONS FOR RE HEARING.

Waikato Times, Volume XXV, Issue 2032, 16 July 1885, Page 4

THE MAUNGATAUTARI CASE AND APPLICATIONS FOR RE HEARING.

THK.fpllpvwng is cxtiacted from notes on 'the aboVe ca«cl>y the Chief Judge, and' which 1 have been laid before tho House.' The various applications for rehearing »ro givon, together with theicphes of tho Chief Judge thereto • — Investigation into the title lo this lnml va-t opened at Kihikihi on the 2_'id day of Apiil, 1584, at a sitting piesidcd over l>y Judge Puolccy ami WaataTipa, Assessor, the Chief Judge taking lint a second ary part, and that only dining the In at stage of the proceedings. Agninst the couit's decision numerous applications for iv heating wire made, which are as follow : — (" ) The court was wrong in deciding tlmt Marntnahti acquired mana ovir Mnimgataiitaii, and compelled Ngatiiankawa to vacate. (A.) A turning the court to have rightly decided that Marutuahu did acquire mana, and did compel Ngntitaukawa to \aeatc, thosf ocuiricntxs did not affect cut tain of the Ngati raukawrt (called herein for distinction " tesideut" Ngathaukavva), who, admitting it as to the rest of the tribe, allege tlmt they never vacated or fled, (r.) Mauugatautafi did not pa*s into the ham's of Ngatihiiua by the battle of Taumatawiwi because they, the Ngatih.iua, did not after the tight lesido on the land, (d.) We ate Ngatiwhaita, and nev er were conquered or migrated. (<\) The resident Ngatiraukaw a were forced liy Judgj Puckcy to join with Rewi and the Ngatitaukawa generally in tho case conducted by Nimmcms. (/*.) Simmons was not allowed sufficient time to " get up his case." (<;.) Titles set up by ica son of fightings and \ictoiies among their local peoples pi tor to the Marutuahu possession. (/(.) The name of Noko te Rangitiituru and those of his children were not placed in any list of owner?, (t.) WiQng that Chief Judge should ait on au original investigation, as with him tests questions of te-hearmg. (;) Chief Judge did not confine his attention to the cue, but attended to ministciial wotk, so- there van only judge. (/;.) No interptetation into English, ho no one can say what reached the eats of the Chief Judge. (/. ) Named of Alice (Jicy Deaile and her sisters omitted, (hi.) We me not avvaie why we loit. (".) We arc nggnoecl at losing. (" ) On division too much awaided to Ngatikorokt, and not enough to others (p ) On division ancient burialplaceß, &c, not awarded to representatives of deceased person, (q.) The Assessors wife and childien placed on a list of Ngntikotokt owneia : (;-.) Ngatihoutua aught not to have had a seperate aw aid instead of being merged I with Ngatiiiaun, (*,) Assessor ought not to ha\eaat, became he was our enemy in old fightings, (t.) The (Joint disieI carded a boundary laid down between Ngatihaua and Ngatiraukawa, after the conquest of Taumatawiwi. (u ) The Assessor wa» biibed with €200, paid to him by Mr Moon, (c.) The Aoaeetot assisteaTTalmona's party (Nentthua). Having thus reduced all the matter relied on as giving a claim to a t cheating to distnct allegations, I will deal with them uurtltni l>y their distinguishing letters, (n.) The decision so aspetsed was not only amply suppoi ted by the evidence in the case itself, but is upheld by uniform and unquestioned pieMO'.is decisions of the coutt (instance, Waipn, Hinnera, Hoi.ihoiu, Mnutiuatautaii 1 and '2, Pukekura, Puahoe, and To Aioh.i), and by the next ground of appeal (b ), and also by ground (<.) inferential!}', and in speulie words in gtound (t ). (l>.) Is a pl«a "in confession and attempted abidance of the Mai.ituaha conquest, and was only set up when it appeared chatly to the litigants that the case of Ngatitauldiwa, aa a whole, was m.tcuahle. However, it was aftrrwatds considered and dealt with by Judge Puekey, ns mentioned in Appendix Xo. 1. With the 1 views there expressed I entiicly concur, as do othet Judges to whom, at the instance of Judge I'ttckey, I submitted the matter. {<.) Maungatautaii was only part of the area left open for occupation by the impulsion of Maru tuaha, after which Ngatihaua lesided on .such part of the land au they thought fit, some tnoie or lesb on Maungatautnii, though mainly at Matamata. ('/.) Ngatiw haita did not set up <my claim at any stage of the case, except as they were lepresented by Rew i, if they were so lepiesentcd. (<.) It is not true that the tebident Ngatiiaukawa weic forced to join. Rewi. It was only m the last day oi two of many months, when Rewi's failuie was manifest to evetyone, that the "lesidcnt" theoiy wan thoimht of or ventilated, and even then they were allowed full license to establish it, if so inclined (/.) Simmonds admitted to me, at the meeting in Febiuaiy, the fact that he was allowed four days " to get up his case," and aftet that he was allowed time to " get up " a uuw btanch of title, much to the annoyance of the counter claimants. (;/.) Jt my reply to objection («.) bo well founded these victories could have no effect as against Maiutualiu, who possessed themselves in diategard of victor and vanquished. If such reply be not well founded the en the judgment is untenable. (//.) This peison'.s name is in the Ngatihaua b«t. (t ) Whatcvci viewmay be entei tamed on this objection m general should have no weight in this case in pntticular by reason ot the alle«ationa set out in objections (j) and (/..). (/.) .Facts ate as alleged, but tbeie being only one Judge is no objection of validity of proceeding. (/..) Theie was intcrpie.tation into English, insomuch that the clerk— not a Maou linguist— took down tho evidence* in English. (/.) Shall be spoken to later on. (/».) and («.) tequire no answer, {v.) This is in relation to the division, and with which I had no concern, though, after careful inqitiiy into the point, I am satisfied no injustice was done. I feat the pride of Ngatihaua istouohed by Ngatikoroki having a trifle larger area than themselves. The division wa« that of Judge Puckey, reluctantly concutred in by the assessor, who, by an unfoitunate coincidence (having tegard to other circumstances), was inclined to deal »till mote fa\ourably with Ngatikoroki. (p.) to some imall extent tint allegation is true, especially with regatd to Witemu te Whitu ; but the position could not well be avoided. To give to evety owner the spot wbeic some atitf«stor or relative, more or less remote, had lived; died, or been buiied, would disperse each man's share of laud in patches all over the block. (//.) Reserved for subsequent remaik. (>.) Ngatiboura (Wiiemu te Whitu) was piopcily merged in Ngatihana, who will no doubt not object to his isolating himself if bo applies for dhision, which it is open to him to do. (».) Trne, but as Thames mon the fend of the ancestors had been equally against all the present claimants to the land. Waata was, I believe, selected because of his probable knowledge of their ancient doings among themselves, (t.) The court never heard of this boundary line during the heating. It was mentioned to me on the I'ith February by one of the leading men of those aiding in the conduct of Rewi's case ; but his asset tiou of the line and of its site was tnet by derisive laughter from all the natives present. I have referred to the evidence in every case and to eveiy pcison likely to have knowledge of the matter, and am satisfied no truthful cv idonce In forthcoming of the existence of such a line as mentioned. Other lines weio traceable — one particularly, continuing thq judgment and beating out the opinion of the court that the absence of right in Ngntiraukawa ceased at the southern boundary of Maungntuutari. (".) Reserved for subsequent tenmrk. (p.) Haimona wa» counsel for Ngatihaua, and the " assistance" consisted m tolling Haimona that his line of cross-examina-tion was useless, a legitimate opinion for a judge to fcxprels. Unfortunately the Assessor, instead of speaking, expressed himself' in' 'i£ scrap of writing, thrtown from the bench on to thn court table. (t/.) and (n.) These two allegations, personal to the Assessor, have caused me infinite trouble, 1 being naturally much impreupcd with their seriousnws. Tiicro

is no doubt tjie luutiet of the Assessor's wife and ohllrlrtn »ro lo ft list of names, and it is equally certain that among 1,200 persons they so went in by one of the numerous namea assumed by the female in common* with" other Maoiis, and as such unknown to the Judge nt tlio time Mrs Tcepa cither had a right to appear as nil owner, or she had not. Her nilsland must have had pretty good knowledge of the truth. If he knew the right existed, ol'o 1 ' w.is to be bet up, he ought not to have acted as Assessor on the occasion. If the ri«?ht did not exist, but was accorded by Ngatikoioki, then the mattei looks still iiioic unpleasant. , I am told it i-. not infiffjiient for th name of an Asscssoi gieatly looked up to be entered as nn owner, with the assent of all parties, and that rnoie out of compliment perhaps than of title, but the thing does not appear to ha\e been .so done in this case, although it is significant, if true, that the name* were originally inserted in the list to be proposed by Ngatilnuia, but craned, from some causr. Now as to(" )Thc allegation of bribeij rests on the bare assertion made before me on the 12th February, and it was obliged to reft theie, as I had no power of compelling evidence to be given, but this much I am satisfied of, the Assessor, shortly before the opening of the case and during its progress, did receive from Mr Moon pecuniary accommodation, and I do not imagine that the distinction between that and bribery can be worth considering— always assuming the transaction to have been done with a view of affecting the Assessoi's judgment in the interest of any of the parties. Whether that was so or not I do not know, nor have I power to s.ift the matter. Fortunately that is immaterial, for without asseiting anything against anyone, I shall, for the business in hand, assume that the monetaiy business, w hethei loan or gift, was intended by Mr Moon to affect the Antitssor's mode of dealing with his judicial duties. Now, ought I to giant a rehearing by leason of the matters alleged, either an to the wife and children or the money ? I think not, for I am satisfied that substantial justice is done by the decision. In cnteitaining that opinion, I assume the Court w.is light, for the leasons alie.uly mentioned, in deciding against the elaiimnts, for otherwise the judgment is ladically bad. Perhaps the most energetic applicant for a lehearing is Ngatihaua, but their objection is to the division only, and they candidly put it "so sme aie we that the main judgment is collect, and must be followed, that to fiuther a lehearing in respect to the division we will join in a ciy for .general rcheaiing." I have ah cad y expressed in opinion ag.iin.st the husband of a person interested acting as Assessor, arul my nnfavoutable \ iew of the pecuniaiy tiiinsactiou ; but, however much the cucumstauces aie to be legietted, and however unfavoui.ihly they may be looked upon, I still do not think it would be right to entail upon all the paities (one only— if one — guilty, the lest innocent) the trouble, the loss of time and money consequent on a new trial, and upon the conntiy the enormous 1 cost of a lepetition of such a lengthened hearing. It would bo much easier for me to gr.int a k healing on the circumstances than to lefuse it, but in so doing I should bo consulting my own con venii nee instead ot hiking the lesponsibility of doing wli.it I believe to he my duty to the parties and the colony. (/. ) Theie only remains for consideration this allegation. lam of opinion that an injustice was done in the exclusion of the names of Ilcia Nikeia and of her sisteis tioin the Ng.itih.iua list of names, and that they wuc iintanly dealt with, and to the cvtent of enquiring whether their naims should or should not have been inserted ns owneis in such INt, a rcheaiing ought to be had. Apart from the purposes of the matter in hand — although it is not for me to consider the action of the Assessor — I shall feel my duty to foiwaid to Governincut a copy tlicicof.