F—No. 2,

PETITION OF FREDERICK AND LEOPOLD YATES.

guns. The Natives who have come here to give evidence form only a part of the body who seized the guns. I saw nothing peculiar about the Natives before they took the guns. I did not see Matena on that day ; he was down the next day. It was reported next day that the Natives had been and taken Mr. Hopkins' guns. You or your brother said it was useless to resist as we are too few to compete with the Natives. One of the brothers did come into the parlour, and stated that the natives were in the store, and come after the guns ; at that time I asked no questions. I did hear of rumours of intended robbery or murder by the Kawhia Natives, after the guns had been taken, in payment of a chief killed at Taranaki. I did expect Mr. McLean over at that time ; I told the Natives I expected him over. I don't know who are gone to Taranaki, or what Natives. I never saw any money tendered to you by the Natives for these guns. Matena did ask for my gun. Matena did say that if my children had not been ill he would have taken my gun. I believe that Messrs. Yates and Hopkins were not friendly at the time. I did not consider the "James" a safe vessel. Re-examined by Mr. Armitage :—I know nothing myself about the alleged plunder of Hopkins. When I acquiesced in non-resistance in the taking of the guns, I was under the impression that it was a robbery. No rumours of murders and robberies have been realized. When the Natives told me it was not a robbery, but a sale; I then cautioned them not to pay until they heard from ]\lr. McLean. Macena asked me for my gun the day of the seizure. Natives and cargo went by the " James" when she left Kawhia previous to the robbery of the guns. (Signed) H. N. Brewer. 6th Witness. Hone Paringaringa, native of Kawhia, Christian, sworn : —When I returned from Ngaruawhia, I received information about this gun affair. I, together with W. Kumete, went to Takatahi; I saw the Yates there. W. Kumete asked Leopold, " Have they taken the guns ?" Leopold said, " Yes." Leopold then asked me, are we right or wrong ? W. Kumete said, " you are wrong, because you did not shut the store door." Yates said, " who was going to shut the door when there were forty Natives ; that one Native would come and ask for tobacco, and the others would follow. I was present when information was given to Brewer respecting this gun robbery. There were present myself, Takerei, Aihi. W. Kumete, and Takerei's son. We went to inform Brewer that Hami had been to Yates to purchase a gun, but Yates refused, stating he had had a Government Letter directing him not to sell guns ; that Yates said they were to muru the guns, and after the robbery to pay for them. The reason they told Brewer of the robbery of the guns was, that the wrong should be taken off them and put on the Yates. A meeting was held at Takatahi, and it was then and there agreed to inform Brewer about the guns, which they did. All at the meeting (all the principal chiefs) agreed that Brewer should be informed of it. (signed) Nα Hone Paringaringa. The Defendant declined to put any question to the witness. MINUTES OF EVIDENCE. THGRSpAT, THE 27XH DAY OF SEPTEMBER, 1860. The Committee met pursuant to notice. Present :—Mr. Gillies, Mr. J. C. Richmond, Dr. Monro, and Mr. Fitzgerald. In the absence of Mr. Fox, Mr. Fitzgerald took the Chair. The minutes of the last meeting were read and confirmed. Mr. F. Yates was called in and examined. 1. Mr. Gillies.~\ When was the summons served on you?—Oα the 28th June last. 2. Did you appear?—l did. (The Witness put in the copy Summons.) 3. You state in your Petition that you protested in writing against the case being heard. Hare you a copy of that protest?—l have not. 4. Can you obtain a copy?—l cannot. 5. To whom did you give this protest? —To the Magistrate, Dr. Harsant. 6. Did you give it him before the proceedings commenced or after?— Before. 7. In this protest did you ask distinctly for the case being postponed for legal assistance?—l can't speak positively as to this being mentioned in the protest, but I can speak positively as to protesting against so eerious a case being tried any where except in the Supreme Court. 8. Did you either verbally or in the protest ask the Resident Magistrate before going on with the case to postpone the hearing as you were unprovided with legal assistance?—No, I think I did not, for after the protest was refused I was told the case must be proceeded with, and summarily disposed of. 9. In the course of the procedings were you afforded the opportunity of cross-examining the Witnesses? —Yes I was asked if I wished to put any questions. 10. Did you offer any evidence?—No, I simply raised an objection against the examination of the Witnesses. 11. Were you asked \f you called any Witnesses?— Yes, I was.

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