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Mr. P. A. F. Biech, Sheriff, Napier, to the TTndee-Seceetaby, Justice Department, Wellington (Telegram.) Waipawa, 19th July, 1880. Have wired Native Minister that Natives will not give up possession of Harding's land, which I seized under writ. Harding's men waiting to commence pulling down houses. Breach of peace will certainly ensue. I must go on unless instantly instructed to contrary. The Under-Secretary, Justice Department. Paul A. F. Birch, Sheriff.
The Hon. the Minister of Justice to P. F. A. Birch, Esq., Sheriff, Waipawa, Hawke's Bay. (Telegram.) Wellington, 19th July, 1880. lie Waipawa dispute. You are officer of Supreme Court. Full responsibility of a very serious character rests with you. Government cannot instruct. P. A. F. Birch, Esq., Sheriff, Hawke's Bay. Wm. Bolleston.
Mr. P. A. F. Birch, Sheriff, Napier, to the TTndee-Secretaey, Justice Department, Wellington. (Telegram.) 20th July, 1880. Natives at Harding's run positively decline to leave, and will offer resistance if interfered with. Yesterday, in order to avoid serious breach of peace, did not take any decisive measures, as had not sufficient force. Natives assembled in large numbers. Harding now threatens action. With sufficient assistance I think it could be arranged without serious disturbance, but without it is impossible to carry out writ. Sympathy of people at Waipawa with Natives, and matters have been so long in abeyance that, if now'let rest, Natives will be more encouraged to resist law. Consequently could obtain but little assistance on spot. Will Government supply me with sufficient force to oust Natives and give possession ? The XJnder-Secretary, Justice Department, Patjl A. F. Birch, Sheriff. Wellington.
The TTndee-Seceetaey, Justice Department, to the Sheriff, Napier. (Telegram.) Government Buildings, 22nd July, 1880. In reply to your telegram of 20th instant, re Harding's land, I am to say Government declines to interfere. E. G. Fountain.
Mr. J. Harding to the Hon. the Minister of Justice. Sic,— Mount Vernon, 21st July, 1880. You being aware of the case of the Waipawa Natives residing on mj laud, and what has been done in it so far, there is no need to occupy your time by stating the same. I wish to ask you whether it is the intention of the Government to put me in possession; if not, will you allow me to take the law into my own hands, and, by force, get possession ? On receipt of letter from the Hon. the Native Minister, informing me that the Waipawa Natives had refused his offer and that the law must take its usual course, I wrote to the Sheriff, informing him of the same, and asking when he would come up and put mo in possession. In answer I received a telegram (copy enclosed) on 2nd June. He did not come until 18th July, though I sent him the £5 immediately. When he came he brought one man with him as bailiff, and an interpreter. I was with him, but, at his request, did not go with him to the pa, but went to him at the pa some time after, when lie told me he had given the Natives two hours to talk it over, and wire to you for instructions. I met him again at the time stated, by which time a large number of Natives from other parts had arrived at the pa. 1 had men in waiting all day to assist the Sheriff, and wished him to allow them to commence fencing and pulling down the whares, stating that I was sure that if the Natives saw that he was in earnest they would leave, but he vtould only make them more bounceable by letting them see lie was afraid of them. He then asked me to procure two men to remain with his bailiff till 12 o'clock on Monday, he having promised to wait till then, and that he would then turn off the Natives and give me possession. On Monday, after a lot of useless talking, and showing the Maoris his weakness, they making no signs of moving, he informed me, at about 3 o'clock, that he was not going to disturb the Natives then, but would leave three men in charge of the place until he did give me possession. I then, seeing it was all a farce, called the two men I had engaged, and told them I would pay them for the time they had been there, but that from that time they must look to the Sheriff for both food and pay. (I bad supplied them with food until then.) The Sheriff then left, and so did I. lam informed that next morning he wired to the three men to give up possession. Of course the Natives say the Government has done all they can do, and that they (the Natives) have beaten the Government; and, as a result, to-day they went to one of my tenants, ploughing in a field about half a mile from the pa, and stopped him ploughing. I wish to know what you intend doing. I also wish to know whether the Sheriff was justified in demanding £5 from me before he would come to execute the writ —my solicitor says he was not; and whether, he having failed to put me in possession, he ought not to refund the same ? Hoping for some satisfactory answer, I have, &c, The Hon. the Minister of Justice. John Habding.
Mr. J. Harding, Waipawa, to the Hon. the Native Mintsteb and Minister of Justice, Wellington. (Telegram.) 21st July, 1880. Natives have slopped one of my tenants ploughing, and threaten to occupy land. Am I not to get protection of police ? John Harding.
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