61

I.—IB

incurred in the Supreme Court action. If the Committee decide against me I shall, of course, try to recover from Major Kemp's estate what I paid on his behalf. 75. Mr. Gray.] I understand you to say that the £6,810 does not include any part of Kemp's costs?— No. 76. But you do claim under the mortgage —you have a right to claim that payment of £300? — Yes, as for " further advances." 77. Therefore you claim this to be a further advance which is secured to you under that mortgage ?—Yes. 78. Hon. W. Hall-Jones.] And, failing the mortgage, under the will?— Not under the will except that there is the general protection of further payments made by Kemp's direction. At any rate, it is not under the special devise of £6,800. The will protects further payments made by direction in writing. 79. Therefore you have a claim under both ? —I have a claim under both clearly. 80. Is the mortgage registered ?—Yes ; but the effect of the legislation was to destroy all titles. 81. Mr. O'Regan.] I think I understood you to say that certain allegations in connection with the Horowhenua Block were withdrawn the trial, not before. 82. By whom were the allegations made ?—By the Public Trustee, and put on the file of the Supreme Court. I was accused of deliberate fraud. 83. Did he afterwards withdraw them ? —Yes. 84. You maintain that Parliament did not intend that you should pay these costs ?—Yes. Had I lost I am perfectly sure that Parliament would have made me pay the costs. 85. You say that that was the intention? —The intention of Parliament, I submit, was to put me on my trial, and that if I succeeded my costs should be paid. 86. And, having no legal remedy, you come before the Committee?— Yes. 87. Your right to claim this £6,000 is not contested by anybody? —Not that I am aware of. The position is this : that there is a Maori will that was signed by Major Kemp while I was away in England. » 88. The Chairman.] Some years ago ? —Yes. He quarrelled with his daughter, and made a will disinheriting her; but when I came back from England I talked Kemp into a proper frame of mind, and he executed another will in favour of his daughter. 89. Where is that will ?—I handed it over to the solicitors for the executrix. He revoked his former will. 90. There were only three wills ? —There was one made when I was acting solicitor for him in 1874. That was in favour of his daughter; but the effect of the Maori will would have been to destroy that will. 91. Mr. O'Regan.] Only one of these several wills can be the correct one? —Yes; that is the last, of course, because it revoked all previous wills, and he actually noted the revocation on the old will. 92. And in that last will he wills you the £6,810? —He makes it a charge on the estate. These four Maoris are not disputing my claim, but they say it may prejudice their rights in the Putiki Beserve. 93. Mr. Gray.] I understood you to say that the allegations of fraud were withdrawn at the trial only, and not before the trial ? —They were absolutely withdrawn at the trial; but they tried to put on the file of the Court a statement of claim with the allegations of fraud omitted. 94. I merely wish to direct your attention to the statement of Mr. Bell in paragraph 11 with regard to the plaintiffs discontinuing the action ?—They filed a notice of discontinuance. 95. But the Supreme Court, on your application, ordered the action to be restored ?—Yes, at our instance. 96. Did they withdraw all the allegations ?—They did not go so far as that. They struck out the allegations of fraud. 97. They filed an amended statement of claim, leaving out the allegations of fraud? —I think they did. 98. Mr. Bell: That was when Mr. Cooper came on the scene, a week before the trial. 99. Mr. Gray.] Then, as Mr. Bell has stated, your advisers declined to allow that, and applied to the Court for a reinstatement of the charges, and the Court directed the reinstatement ?—Yes. 100. There was therefore a withdrawal of the charges—in that sense ? —They might have brought these charges again. There was nothing to prevent their filing another statement of claim with similar allegations of fraud, and we said, " No ; you must reinstate these charges." 101. Mr. Bell.] They filed an amended statement of claim at the last moment?— Yes, omitting all the allegations of fraud. 102. Leaving out all their original gross allegations against you ?—That is so. 103. And you and your advisers insisted upon their reinstating them, in order that you could disprove them ?—Yes. 104. Because you were able to disprove them, you insisted on them going before the Court ?— Yes; and I may add that I was ready there with all my witnesses. 105. You remember that in your petition you set forth what Mr. Justice Denniston said as to the intention of Parliament ?—Yes. 106. Do you remember this : His Honour said, " But I think it must be taken that Parliament has a right to assume that the Executive would take whatever steps were necessary to give effect to its directions, and would therefore assume that all payments properly incident to taking proceedings in terms of the Act, including, of course, the payment of costs directed by the Court to be paid, could and would be made by the proper authorities. The view I take of the effect of these statutes does not seem to me to be affected by section 56 of the Public Trust Act. It is, I think, what is called in the marginal note ' a reservation of existing powers.' The statute says ' all rights and powers 9—l. Ib.