H.—29

26

The allegations against Air. G. T. B. Worgan which were contained in the papers referred to were then reduced to form, as hereunto annexed. The Court was opened on the Gth instant, and continued by adjournment until the 18th instant. 1 have the honor to annex herewith tho original proceedings. In giving my opinion thereupon, as required by the terms of my Commission, I feel it necessary to premise that much of the annexed evidence appeared to me to be given with reserve and with apprehension as to the effect which such evidence might hi),ve upon the future interest of the witnesses. And I desire to give the grounds of the opinion which I have formed in each case, in order, in a matter involving such serious considerations to Mr. AVorgan, that my opinion may not have undue weight, but be open to the better judgment of your Excellency's Government. Ist Allegation. —It is shown, by the Hon. Air. AlcLean's letter to Air. AVorgan, of the Ist November, 1872, and by Air. Worgan's reply, of the 25th December, 1872, that Mr. AVorgan was in the service of the General Government: and by the Superintendent of AVellington's telegram to Air. Worgan, and his reply thereto, both of 25th Alarch (marked A and B), that he was employed also by the Provincial Government. It is shown, by the evidence of Mr. Donald Smith, that he entered into an agreement of partnership with Mr. Woman to purchase land on their joint account. The actual deed of agreement was handed into Court by Alajor Edwards, and is herewith annexed (marked D) : that, in conformity with that agreement, he paid £800 into the bank to Air. AVorgan's credit. That he was told by Air. AVorgan that the money was used to buy three sections in the AVaitotara Block (which block he was engaged to buy or lease for the Provincial Government) ; but Air. Smith ascertaining that the land had been conveyed to Mr. H S. Taylor, threatened Air. Worgan with legal proceedings, but, succeeding in getting back his £800 from Air. AVorgan, he simply withdrew from the partnership, and took no further steps. Poari Kuramate proves tho sale of his land (400 acres) to Air. H. S. Taylor, by Air. AVorgan's advice and assistance. Mr. Edwin AVoon, licensed interpreter, confirms Kuramate's evidence. Hata Rio proves the sale of his land (400 acres) to Air. AVorgan, which was conveyed to Air. U.S. Taylor. Air. C. H. Borlase proves that he paid £1,000 into the bank to Air. AVorgan's credit, for land sold to Air. Nicholson. Opinion. —Upon this evidence, I consider the first allegation to be proved, except so far as relates to Henry AlcNeil, who appears to have left the Colony, and whose case was not therefore inquired into. 2nd Allegation. —Colonel McDonnell swears that not only on one, but on several occasions, Air. AVorgan stated that he had the sanction of the Superintendent in negotiating for land for private persons. The Superintendent, in his telegram of April 4th to Air. Worgan, says, —" You must be aware that you had no ground whatever for such an assertion." See also various telegrams annexed, or about same date. Nor does Mr. Worgan attempt to show that he had any authority from the Superintendent, beyond Mr. Fitzherbert's acquiescence in Mr. AVorgan's request that he might, in acquiring the land for the Provincial Council, be left to his own judgment. Opinion. —I consider, therefore, this allegation proved. 3rd Allegation. —Alajor Turner swears, to the best of his recollection, Air. AVorgan told him that as he held a Government appointment he ought to give up his lease to Government. That Mr. AVorgan altered the boundaries of his lease in such a manner as to greatly diminish its value. That in consequence he made it over to Mr. H. S. Taylor for £75 (the sum he had expended on the lease). That Air. AVorgan made no attempt to obtain the lease for the Government, and that "of course" he would have made it over to the Government for the same amount that he made it over to Air. H. S. Taylor. Mr. E. Woon swears that the boundaries of the lease were defined in May or June this \ ear. They appear by the annexed copy of Mr. Taylor's lease to be for 2,400 acres, identical with the original boundaries claimed by Major Turner, but refused to him by Mr. Worgan. Mr. E. Woon declines to answer whether Air. AVorgan assisted Mr. H. S. Taylor to obtain a newlease. He also swears that he cannot say anything about the first allegation (Worgan having assisted Taylor), which would be unfair to his principal (H. S. Taylor). That there was evidently a competition for Native lands ; he (Air. AVoon) doing his best for his clients, and Mr. Worgan doing his best for the party he was buying for. Air. Pharazyn states that, in calculating the value of the lease with Air. AVorgan, they made it about £1,200. Air. Fox's evidence and Mr. AVorgan's letter of June 4th, 1872, show that Mr. Worgan suggested 12s. per acre, which for 3,600 acres would amount to £2,160 as the probable price for which the freehold might be obtained, whereas the sum paid for the lease of twenty-one years was only £75. Opinion. —There has been some misunderstanding in stating the sum advised to be given at £2,116, between freehold and leasehold; but in other respects I consider this allegation proved. 4th Allegation. —l think the term " withheld" is incorrect, seeing that it implies possession by Mr. AVorgan of the lease in question ; but the evidence leaves no doubt upon my mind that he might, had he desired to do so, have obtained, not only a copy, but Major Turner's interest in the lease for the Government for £75. Nor does Mr. Worgan seem to have shown, in reply to the many telegrams which urged him to send a copy of the lease, that he was endeavouring to do so but could not succeed. Opinion. —l consider that this allegation is substantially though not literally proved by Mr. Fox's evidence, and by the telegrams marked from J to V.