20th August, 1844.

Witnesses examined:—Alexander MacShane, James Stuart Tytler, Thomas Duffey, and Alexander Macdonald.

Court adjourned at 4 p.m. until 10 a.m. the following day.

Nelson,21st August,1844.

Witnesses examined:—Henry Daniel and Alexander MacShane (recalled), who produced a schedule showing the quantities of the goods given by Captain Wakefield to the Natives of the different districts. Schedule put in and verified by the production of the books of the New Zealand Company's storekeeper.

Te Iti, Native witness, then examined.

On the conclusion of the examination of this witness, Colonel Wakefield stated to the Court that in consequence of the prevarication exhibited in the evidence of the last witness, he had no intention of calling any further Native witnesses that day, and that he must ask the Court for a further adjournment.

Mr. Protector Clarke joined in the application to the Court for adjournment, stating that he was convinced the last witness had not spoken the truth, and that he feared if any more Native witnesses were examined that they would only give similar testimony; he requested, therefore, that he might be allowed time to talk to the Natives personally, to point out to them the necessity for their telling the truth before the Court concerning the whole transaction.

The Court adjourned accordingly until 10 a.m. the following day.

Nelson,22nd August,1844.

The Company's Agent applied to the Court to suspend the investigation of the case; at the same time stating his readiness to make the Natives some further compensation, if Mr. Clarke would undertake to negotiate with them for the amount they would accept, and settle the boundaries of the lands in the different districts.

The Commissioner consented to this arrangement, and Mr. Clarke had a conference with the Natives. In the course of the day the Commissioner, with Mr. Clarke, met the principal chiefs of the district in the Court House, for the purpose of arranging the boundaries of the land, and the reserves and exchanges to be made.

After some desultory conversation, the Commissioner directed Mr. Clarke to impress upon the chiefs the necessity of their making up their minds as speedily as possible as to the amount they would receive; after this they separated.

Nelson,24th August,1844.

This day the Commissioner held a Court for the purpose of witnessing the payment to the Natives of the compensation which they had agreed with Mr. Clarke to accept.

The Natives having assembled to receive the compensation, the Commissioner addressed them as follows:—"Were I called upon, in the execution of my duty as Her Majesty's Commissioner, to decide whether you were properly entitled to receive any payment, I could not have awarded yon any further compensation now, and for this reason: these lands were purchased long ago by Colonel Wakefield, of Rauparaha and others, at Kapiti. When Captain Wakefield afterwards came here, he went amongst you in the different districts, and made you large and liberal presents. The goods given in payment at Kapiti were very numerous, and those goods, added to what Captain Wakefield gave you and the money now offered, make the price of these lands higher than any that has ever been paid for in this country. The district which has been lately paid for at Otakou was purchased at a lower rate than this, though the land was nearly treble the quantity. But the Queen and the Governor wish to do something more for you now, and therefore Mr. Clarke has been sent to represent you in Court, and to advocate your interests. He has awarded you the money which you have come this day to receive, not as a payment, but for the sake of making friends of you and the white people; to put an end to all the quarrels and disputes about the land, so that both races in this settlement may live peaceably and happily together in future."

The Commissioner then directed Mr. Clarke to show the Natives the deed of release which had been prepared for them to execute, and the plans of the lands, exhibiting the reserves and exchanges which were to be attached to the deeds.

Mr. Clarke then read the deeds in the Native language aloud, and showed the chiefs the plans. He then, by the Commissioner's direction, explained to them the nature and purport of the transaction to which they were about to become parties, expressly informing them that their pas, cultivations, and burial grounds would be reserved for their own use and occupation.

The Commissioner then inquired of Mr. Clarke, whether the Natives were sufficiently acquainted with the contents of the deed, and were satisfied with the amount proposed to be paid to them. Mr. Clarke replied in the affirmative, and the Commissioner directed him to obtain the signatures of the principal chiefs of each district previously to their receiving the money.

The deed of release for the district of Motueka was then executed by the chiefs Ngapiko. Te Iti, Aperahama, and others, and by Mr. Clarke on behalf of the other Native of Motueka. Mr. Clarke having then stated, in reply to a question from the Commissioner, that he had obtained the signatures page 62 of as many of the principal chiefs as he considered requisite, the sum of £200 was paid over to the above chiefs for the district, of Motueka.

The deeds of release for the Natives of the district of Whakatu, or Whakapuaka, and the Natives of the Ngatiawa Tribe, were then produced, and the Natives were paid the sums awarded them as follows:—

The several deeds were witnessed by the Commissioner, Mr. Sinclair (the Police Magistrate), Mr. Butt, Mr. McDonald, and Mr. Clarke.