13

G.—2

The Court informed him that they had not. Sir W. Buller suggested that Mr. Stevens should cross-examine the witness on the telegrams as they appeared in the proceedings of the Horowhenua Commission. There would then be no necessity to wait for the originals. Mr. Stafford said there was no objection to that course being followed if Mr. Stevens would be allowed to put in the telegrams without comment if they arrived after his cross-examination had concluded. Sir W. Buller objected. He would sooner detain Judge Wilson until the conclusion of the case than have the telegrams put in to discredit his evidence after he had gone. He was prepared to call his next witness as soon as his attendance could be secured. The Court announced that it was probable it might prove necessary to call further evidence, as there were several questions of law which would have to be referred to the Supreme Court for its decision. These questions could not be affected by any evidence that could be adduced, consequently further evidence would not be necessary until the points referred to were decided by the Supreme Court; but that need not delay proceedings in respect of other cases. Mr. Stafford urged that the case might go on, and judgment be given, subject to the replies to be given by the Supreme Court to the questions submitted to it. Mr. Stevens supported Mr. Stafford's contention. Sir W. Butter pointed out that counsel would be in a better position to argue this question after the legal questions referred to by the Court had been made known to them. Mr. Baldwin agreed with him. The Court stated that it would hear argument after Judge Wilson's evidence had been taken, and asked if any of the other cases could be taken. Counsel were not ready to go on with any of the other cases. The Court then decided to adjourn Horowhenua No. 14 till to-morrow. Case adjourned till the 3rd instant. The Court adjourned till 10 a.m. on the 3rd instant.

Wednesday, 3rd March, 1897. The Court opened at 10 a.m. Present: The same. No. 1, Horowhenua No. 14, resumed. The Court announced that the telegrams in question had arrived. Mr. Stevens asked to be allowed to see them before cross-examining the witness on them, and they were handed to him. The copies were given to Sir W. Buller. A telegram sent by Mr. T. W. Lewis, Under-Secretary, to Judge Wilson, which necessitated his replies, was read out by the Court. Witness said it was not the telegram he replied to. Sir W. Buller pointed out that the telegram referred to by the Eoyal Commission was dated in 1895. The telegrams sent by Judge Wilson were read out, and he still insisted that the telegrams he sent were to Mr. Haselden, Under Secretary for Justice, and that Mr. Lewis was dead when they were written. The correspondence took place in 1895, after the Supreme Court case in 1894. The telegrams seemed to be word for word the same as those he despatched in 1895, but he could not make out their being dated in 1890. In reply to the Court, Judge Wilson admitted that the purports of the telegrams were correct. It was quite possible that he had not destroyed his notes in 1890. As a matter of fact, they were not destroyed until his services were dispensed with by the Seddon Government. His telegrams to the Under-Secretary for Justice in 1895 must have been couched in similar language. Horowhenua files were searched by the Court, but no telegrams from Judge Wilson to the Under-Secretary for Justice could be found. Mr. Stafford suggested that the examination should proceed on the understanding that there were two sets of telegrams—one set in 1890 and the other in 1895. Judge Wilson cross-examined by Mr. J. Stevens. Witness : I destroyed my notes after my services had been dispensed with, about April, 1891. Ido not know how long after, but less than three years. I took no note of it. My actions as Judge were more distinctly impressed on my mind, and therefore I can reply more definitely upon them. I think it was in the summer of 1891-92 that I destroyed my notes. I received a telegram from the Government in Auckland in 1895, just as I was going on board the Monowai. It was as to whether there was a trust in Horowhenua No. 11. I said I would reply after having seen my notes. I sent a similar reply to a telegram received in 1890. When I said in 1895 that I would reply after having seen my notes I knew I had no notes. I did not say that for the purpose of misleading the Under-Secretary. It was not calculated to deceive him. It was simply to put him off until I had time to attend to the matter. I placed myself in a false position, but not the Under-Secretary. I did not know that he would take any action on my telegram. I said in my telegram of 1895 that Kemp appeared in a fiduciary capacity with one apparent exception, No. 10. I did not consider the inquiry made of me referred to No. 14, as that was Kemp's own property. The resume of the telegram in Horowhenua Commission minutes of proceedings is faulty in this respect :It does not refer to the 4,000 acres, or the square foot awarded to one owner. Ido not remember ever driving in a buggy with you, or ever having seen you before the Horowhenua Commission opened.