77

G.— s

had charge of the management of the business re Waingaromia. That therefore it appears to be right to request that the witness referred to in this passage should be examined in order to show that the statement in the report was, uuder the circumstances, a proper one to make in a report of that nature, and to show that Cooper has acted in a Then why was not Cooper questioned on the ■way in which he would not have acted had he not subject ? Not the slightest attempt was made to believed his own assertions to be true. Whether get any evidence of this sort from him. This Mr. Cooper's statements be true or false, they alone is fatal to Mr. Wilson's argument, were made as affecting my negotiations, and I was justified in reporting them at any time. In so far also as his words or his actions may have had reference to an alleged influence with the Judge, I submit that at an inquiry of this kind I should Tes, but not hearsay evidence. have been permitted to call evidence. 3. I submit that it was material that the class of evidence of which Wi Mahuika was the first witness to have spoken should have been received, for the following reasons : —■ This evidence would have shown that since This was a distinct charge against the Judge, certain Natives had changed their minds after sought to be established at the end of the intreaty with Cooper, and had refused to sell quiry, and without any notice given. It is very the interests they claimed in Waingaromia No. 2 easy to pick up Natives who are glad to relate to Cooper, that they had been treated differently some grievance which they think they have susby the Judge, and that they could not: obtain a tained at the hands of the Court, hearing, but are told to go and get Pita te Huhu's (equivalent to Cooper's) permission to share in the block ; and I submit, further, that this evidence should have been received to show that my express conviction that it would be necessary to hear that block before another Judge was supported and justified by the state of the matters in the Native Land Court at the time of the report. 4. I come now to the rejected evidence tendered The evidence referred to, as expunged, is of a by me in Captain Porter's letter to Henare Potae, kind which we think ought never to have been and to the expunging of my previous evidence given, being a report of a private conversation, that was confirmed by that letter. I submit, most But it has not been expunged, and will be found respectfully, that it was material that Captain on the notes of evidence, pp. 20, 21. (See p. 29.) Porter's letter should have been received in Captain Porter denies that his conversation has evidence, and that my evidence should not have been accurately reported, and we certainly think been expunged. its strict accuracy open to question when we find The expunged evidence showed that Captain how Mr. Wilson perverts the expressions of CapPorter, whom Judge Eogan had frequently as- tain Porter's letter to Henare Potae, which he now sociated with himself in certain official duties, complains was not received. did persistently endeavour to convince me that in This seems an exaggeration even of Mr. Wi!going against the Natives with whom I have son's own evidence, dealt, the Judge was actuated by feelings of animosity towards myself; and the said expunged evidence shows, further, that I refused to accept or to entertain Captain Porter's expressed opinions. All this was denied by Captain Porter on oath. He moreover denied he had at any time uttered or written these views and opinions to any other person. But the production of Captain Porter's letter This was a private letter, and though Captain to Henare Potae, which was read by the interpre- Porter allowed it to be read, we would not reter to the Commission, conclusively proves — ceive it as evidence, expressing our opinion not Ist. That, notwithstanding his oath to the con- only that it was irrelevant, but that it ought trary, Captain Porter had written such things. never to have been tendered. AVe think so still. 2nd. That he had attributed animosity on the This letter was, as we have said, a private one. part of the Judge to myself. It was written by Captain Porter to his relative, 3rd. That he had considered that that " maua- Henare Potae. In it he spoke of an ill-feeling Jiara" (translated in Williams's Dictionary as existing between Judge Eogan and Mr. Wilson. " ill-feeling cherished ") against myself did influ- How is it that Mr. Wilson leaves out one-half of ence Judge Rogan in his unfavourable decision the statement ? But nothing that Captain Porter against the Natives with whom I had dealt. said in his letter could ever be evidence against 4th. That Captain Porter saw fit to inform the Judge Eogan. If Captain Porter had proofs that Nativt-s that the Judge's alleged ill-feeling had the Judge had animosity against Mr. Wilson, why caused them to suffer to such an extent that he was he not asked to produce them in evidence ? (Captain Porter) urged them to petition the Go- Mr. Wilson is here endeavouring to put in as vernment for a rehearing, asking them to send evidence, not the rejected letter itself, but his the pelition through himself, and that he would own garbled version of it. It is no matter what solicit the favourable consideration of the Go- Captain Porter informed the Natives, vernuient; and lam informed by the Natives that J. Giles.