Claim of Heremaia Mautai and others.

This was a claim to all that piece of land, containing from 12,000 to 15,000 acres, which lies between Lake Ellesmere and the sea on the East Coast of Canterbury.

Mr. W. Williams opposed on the part of the Crown; and Mr. Cowlishaw appeared for the claimants.

Heremaia Mautai deposed: I live at Wairewa. I have been living there a long time. The piece of land I claim is Kaitorete, near Wairewa. The land belonged to my ancestors. I have used the land a long time, and still live there. My father lived there. I never sold it, nor did I ever give anybody authority to sell it. I claim the land for the persons whose names are mentioned in the document put into Court. They belong to the same hapu. They and their ancestors have lived on the land.

Cross-examined by Mr. Williams: I cannot count the years we have resided on the land. I remember Mr. Mantell's coming here; I don't recollect the year in which he came. I was present at the meetings. I did not attend any meetings before Mr. Mantell came. I was living at Kaitorete at the time Mr. Mantell came. I never lived at Kaiapoi. I did not go to any meeting held by Mr. Kemp. I heard of the meeting of the Ngaitahu tribe being held at Akaroa. I heard it from Taiaroa that the meeting was in respect of the land at Kaiapoi, and that is the reason why I didn't attend. Mr. Kemp, I heard, came here to pay for Kaiapoi, Otakou, and Taumutu. My family belong to the Ngaitahu tribe. The other Natives all agree that I should get this land. I claim from ancestorship and occupation.

Mr. Williams took the preliminary objection, that the Court would not entertain claims through ancestorship.

The Chief Judge said that what he meant was, that the Court would not recognise claims which were traced from remote ancestorships, i.e., traced by ascending one line and down through the other. But the Court could not shut out a claim where direct ancestorship and occupation were shown.

Henare Watene Tawa deposed: I live at Wairewa. I have a claim to this land which is under investigation. I am living there now. My father lived and died there, and my father's father. I know how to read. All the persons in the list produced had a claim to the land. They all live on the land, and their fathers lived there before them. The land has not been sold.

Cross-examined by Mr. Williams: We claim the whole of the spit—that is, the whole of the land between Lake Ellesmere and the sea.

Mr. Cowlishaw said this was the plaintiff's case. It was now for the Crown to prove the sale of the land, and for him then to rebut it.

Mr. Williams said that he would produce evidence to show that the land had been conveyed to the Crown by what was known as Mr. Kemp's deed. Some of the land had been sold, and other portions occupied by pasturage license.

Mr. Cyrus Davie deposed: I produce the map of part of the Province of Canterbury. I was first at Lake Ellesmere in 1852, or 1853. I saw Natives there at that time. I did not see any cultivations on the land which is now claimed. I saw residences there. The extent of the whole of the spit is from 12,000 to 15,000 acres. It has been surveyed. Not a very great deal has been sold. The piece on which Birdling's inn stands has been sold. A portion has been reserved. The whole of the remainder is held under pasturage license—some of it by Messrs. Rhodes. I produce the license granted to the Messrs. Rhodes in 1852. A Crown grant has been issued for the land sold. I am not sure whether the reserve has been Crown granted; it was made three years ago.

Mr. Cowlishaw said he did not make a claim to the reserve or the piece of land which had been Crown granted.

Mr. Mantell, called on behalf of the Crown, deposed: I was here in 1848 and 1849, as Commissioner for extinguishing Native claims. I remember walking along the Lake Ellesmere spit at that time, in company with Natives and Europeans. I went for the purpose of making a reserve, in accordance with instructions. The only Maoris living there resided at Lake Forsyth. On arriving at Wairewa, I proposed to the Natives to make a reserve there, but they said it was within the French boundary. On referring to the man, I found such to be the case, and I pointed out the block in which it was competent for me to make a reserve. There was no application by the Natives for a reserve on the spit. Nothing was said with regard to it by the Natives. I was informed that their cultivations were towards the Peninsula at that time.

Heremaia Mautai re-called and examined by Mr Williams: There were 10 of us on the land when Mr. Mantell was there. None of us spoke to him. Mr. Mantell only came to our pah to get persons to carry his goods.

Re-examined by Mr. Cowlishaw: We were living at the end of the spit when Mr. Mantell came. We have used the spit for catching fish. There were eel pahs on the land.

By the Court: Part of the lake is salt and part fresh.

The Court adjourned for half an hour, resuming at 1.30 p.m.

Kiriona Pohau (called for the Crown) deposed: I live at Taumutu, near Wairewa. I know page 205Heremaia Mautai. I came from Taumutu and found Mr. Mantell at Wairewa at the time referred to. I belong to the same hapu as Heromaia, and am one of the claimants. I recollect Mr. Kemp's coming here. I went to Akaroa at that time. My name is to the deed produced; I wrote it. I said nothing to Mr. Mantell at the time he was at Wairewa. I knew Taiaroa, the father of Heremaia Mautai. Taiaroa was an uncle of mine; he was at the Akaroa meeting. Hoani Timaru and Wiremu Kar[gap — reason: illegible]titi were at the distribution of the money by Mr. Mantell.

Mr. Williams: Didn't the deed in respect to which you received the instalments of purchase- money include the whole of the land in the Ngaitahu block?

Mr. Cowlishaw objected to the question, but subsequently consented to admit the deed in evidence in order to save time. He also consented to the receipt for the instalment of purchase-money being put in.

Cross-examined by Mr. Cowlishaw: Mr. Kemp never saw the land in question. We excluded this land from Mr. Kemp's purchase.

After some conversation between the Hon. Mr. John Hall and the counsel on both sides, Mr. Cowlishaw asked for an adjournment of the case until next morning, in order to see whether any arrangement could be made in the matter.

The Chief Judge adjourned the case accordingly.