FURTHER PAPERS RELATIVE

to finally establish him. Working on the census. Engaged Waata and an intelligent Maori to go with me up the river to assist in this. Promised the former £5 and the latter £2. Waata tells me that he has sent the account of the meeting at VVhaingaroa to "the press," that is, to Mr. Davis' newspaper, to be printed. He says he did this, because the account of the great meeting at Paetai last March was sent to the Native Office, and no notice was taken of it, nor did he ever receive an answer to his letter. February 20, Saturday—Long conversation with Waata on the subject of the census. I have engaged him to accompany me and assist me. From what he says, and from what I have elsewhere observed, I am inclined to think that there will be difficulties attending this work in this district, arising from the state of the Native mind in parts of it, and consequent suspicions. A Native may succeed in getting information where an European would fail. Waata is of opinion that policemen must be established, and, in criminal cases, the offender must be imprisoned. He quite recognizes, as a fact, that there are many offences which cannot be compensated by payment. He also wants to know whether the \i indows, &c, for the Court-houses will be supplied, as at present they are useless in windy weather, and, at any time, papers cannot be kept in them. 1 could give him no information on this subject. I suggested to him that it would be well, in case he attended the king meeting at Paetai, to take no part in the proceedings, but to sit quietly on one side, on the ground that the whole affair was settled last March, and that it is worse than useless to reopen the question each year. By this course, also, all the neutrals will appear to belong to us. This course will, I think, be pursued by all the men of order. To remain away altogether might engender ill-feeling. The question of whether a European officer of Government should be present is a different one. Cannot Potatau be made to speak out decidedly and finally ? His present double dealing is very injurious. February 21, Sunday —Kohanga. February 22, Monday—Left Kohanga this morning by canoe. Some delay in consequence of the wind blowing strong from the S.W. Obliged to take a large canoe to cross the open water, and changed into a smaller one at Paharakeke. Called at Tuakau, and instructed the probationers as to the census ; also scolded them because the Court-house is not yet finished. Arrived at Meremere. February 23, Tuesday—Left Meremere and landed at Pungaponjia. Here I found Te Kereihi and several other of the principal men of Central Waikato awaiting me. Their wish was to obiain my consent to the erection of smother Court-house between Tuakau and Paetai, as they said the distance of either of these from their residences was inconvenient. I told them I would not at present say yes, but would consider the matter. Appointed Hohapata here to take a census. In the evening airived at Paetai. February 24, Wednesday—There are a large party of Ngatiwhanaunga from Coromandel here on a visit to Ngatihine. To-day issued summonses, and heard applications. Several conversations about the grass sowing project; but I was able to give them no information as to how far the plan would be assisted or encouraged by Government. The Natives are miserably poor just now, or they would not require any temporary assistance. I look upon grass as the foundation on which any scheme of future material prosperity is to be built, and every year lost is a national loss, to my mind, inasmuch as it is the postponement of the increase of wealth. In the evening people came to me privately to tell their grievances. I would not listen to them, but told them to come to the Court to-morrow, and say what they had to say, for Magistrates could not attend to private conversations— in fact, they were improper. This principle is now so generally recognized that few attempts are made to obtain private interviews. Under ihe old system of komilis and arbitrations these interviews were necessary , the injured person often felt considerable relief from the simple fact of havii'g told his grief; the result was advice which was attended to or not as the parties pleased : but under the plan of judicial decision of course these conversations are not only unnecessary but objectionable. It is moreover quite consonant with Maori usage that any inij ortant matter should be investigated in public, and every thing heard by all. On the same principle I have required the Native Magistrates to abstain, as far as possible, from listening to any matter that is likely to be judicially investigated, out of the Couit-house. Every one quite acquiesces in and understands the justice ot this. February '25, Thursday — Held a Court. Magistrates present besides myself, Kukutai and Tarieti. Probationers—Wiremu Te Wbeoro, Hone Kingi, Hetaraka Murupainga, Wiremu I'anawaka. There were only three cases—two for adultery, and one for the loss of a pig by dogs. It is remarkable that cases of cattle trespass are already beginning to disappear under the influence of the ret;ulations made by the village " runangas." I have had no application for a summons for cattle trespass during this circuit. Of course, if fences are properly maintained, there can be no cattle trespass. One of the cases of adultery was about the wife (lawfully married) of a man who had according to the evidence behaved well to her, l>ut who had abandoned herself utterly to vice. In our opinion there should have been no payment to the husband for such a worthless person ; at the same time we thought that some punishment should be inflicied on the adulterer, so we gave judgment for £1. Our opinion was that this payment should not have gone to the husband, but should have been in the nature of a fine for public uses, as a restraint on Vice. The law should enable us to fine in cases of this soit, where from the worthlessness of the woman or other causes, it is right that no compensation should be made to the husband, but still some punishment should be inflicted on the adulteier as a public offender. It would be well also if the woman could be similarly punished— unfortunately this cannot be as the husband would be the sufferer. In the other case the woman sinned for the first time, so we adjudged for £10, quite as much as there is any probability of a Maori ever being able to pay. On hearing the judgment defendant suid he could not pay that arnoant if he worked until he was dead. They are miserably poor, their means of ploughing being limited by the want of food for their horses. After the Court rose a meeting was held to consider a

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