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the stream made the boundary. Kemp insisted on the reserve of 2 chains. The description of boundaries read by you is not as we gave them to the Judge. The line being run straight had the effect of cutting out all our kaingas. I would not have agreed to the boundary if I had known that it was going to be laid down as it has been. I don't know who gave the Court the description of the boundaries you have read out. It was neither Kemp nor myself. I don't say that any one wished to deceive us or the Court at the time, but I wondered who had instructed the surveyor to survey No. 9as he did. When No. 9 was ordered, it was distinctly stated that it was for the descendants of Whatanui. The same thing was stated when the Ohau section was awarded by Mangakahia's Court. It did not occur to me in 1886 that any one else had any right to say anything about No. 9, and that is why I said the whole thing was settled. When others claimed a right afterwards it did not alter my opinion. If Kemp had persisted in our having the Ohau section, I would have appealed to the law. I am an Assessor of the Court. I know that Kemp could not sell any of the land under the original title, but Parliament can alter the law. I mean by appealing to the law that we would have petitioned Parliament. I have already said that the second time I stood up in Court I spoke about the boundaries of No. 9. When Kemp told me that he agreed to our having Eaumatangi, I knew that he was living with his people, and that they would agree to anything that he would propose. Hitau did not object in Court to Raumatangi because it was sandy. I did everything, and they all knew what I was doing. To Court : Both Kemp and Lewis suggested that we should send in a list of names after No. 9 was awarded. I have never seen the list, but I agreed to it. I don't remember writing a letter forwarding the list. [A letter produced to witness.] I did not write that letter. It is not in' my handwriting. Waretini may have written it. [List of names read to witness.] This is the first time I have heard the list of names read. I don't approve of it. Many of those whose names appear in it have no right to the 1,200 acres. I remember writing to Government in 1890, stating that Eu Eeweti and I had agreed about the 1,200 acres. I don't know that Kemp wrote informing the Government that it had been arranged that the land was to be divided equally between the descendants of Whatanui and Hitau. I never agreed to that. Eu Eeweti and I disputed over the division. [Letter from Kemp to Lewis, dated the 30th April, 1887, read to witness.] I repeat that Wiremu Pomare was never heard of in connection with the 1,200 acres until some time after the Court of 1886. The Court adjourned until the 24th instant.

Wednesday, 24th March, 1897. The Court opened at 10 a.m. Present: The same. No. 1, Horowhenua No. 14, resumed. Mr. McDonald said he wished to call Sir Walter Buller to give evidence on certain passages in his pamphlet. Sir W. Buller had no objection, if the Court considered anything in his pamphlet relevant to the case. He would ask to be allowed to put in the pamphlet. Mr. McDonald had no objection to the pamphlet being put in. Mr. Baldwin said the question whether the pamphlet should be put in might be argued when Sir Walter tendered it to the Court. He contended that only those parts of it that were pertinent to the case could be put in. After some discussion, it was agreed that Sir Walter Buller should be examined later on. Mr. McDonald called Himiona Kowhai. Himiona Kowhai sworn and examined, Witness : I am a Muaupoko. I was born at Horowhenua. Have lived at Horowhenua all my life. My father's name was Hanita Kowhai. My mother's name is Iritana Kowhai. My father was not in the certificate of 1873. My mother and I are. My father was killed in a fight against Titokowaru before 1873. I know something of the old leases of Horowhenua. My father took part in them up to the time of his death. He was custodian of the lease. When he went away to fight he left it with my mother. The land was leased to Hector McDonald. I remember the Court of 1886 at Palmerston. I attended that Court with the other Muaupoko who went to Palmerston. We went to Palmerston from Horowhenua. I think Eparaima and Wiki Keepa came for us. I understood that Kemp sent them for us. We lived in Palmerson's barn, at Palmerston. Kemp stayed in Mr. Palmerson's house. I saw you in Palmerston. You lived in the same house as Kemp. We were told the business we had been sent for to do. It was to arrange subdivision of Horowhenua before it went into Court. The Muaupoko proceeded with the business. The first divisions settled by Muaupoko were —(1) The railway-line, (2) the township, and (3) Ohau. We were told that Ohau was to be given to Kemp to convey to the descendants of Whatanui. The Muaupoko agreed to it, outside the Court. What I heard was that the Ohau section was taken into Court, and that Nicholson objected to it. I was not in Court myself. I was a follower of Te Whiti at that time, and did not recognise Courts. Some others of Muaupoko followed Te Whiti. Others did not. The Muaupoko who went into the Court told me, when they came out, that Nicholson had objected to the other section. It was generally spoken of. Mangakahia was the Assessor of the Court referred to ;so I heard. I knew the section at Ohau. You pointed it out on a tracing. I understand maps. Can point out the section on Court plan. [Points to No. 14.] I recognise it from having seen it on other plans. The plan you showed us at Palmerston was on soft, thin paper. I remained with Muaupoko at Palmerston after Nicholson refused the Ohau section. I and my wife came to Horowhenua for two or three days, and then returned to Palmerston. I was at Palmerston when the Court finished.