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The Pamphlet Collection of Sir Robert Stout: Volume 24

Letter No. IV

page 25

Letter No. IV.

I have received notes of a considerable portion of the evidence taken by the Commissioners at the investigation in Gisborne, in the case of Mr J. A. Wilson's now well-known report. Some of them disclose an extraordinary condition of affairs, which seems to have existed for a long time past, and only now has the light thrown upon it. I single out for this letter a very singular scene described as having occurred in April, 1876, when the Native Lands Court was sitting at Tologa Bay, on the East Coast. Mr Wilson in giving his evidence says, "When the Court began business, the Natives were most orderly. The Court was full of Natives. I sat next the Judge, a little behind him. The Chief Henare Potae, was in Court before any case was called, and was proceeding to address the Court on some subject in a proper strain, as it appeared to me—certainly in a respectful manner—when he was asked by Judge Rogan, why he had risen without his name being called. He was told he was setting a bad example to his tribe, and was ordered to sit down without another word. The Judge's manner was angry on the occasion; Potae's manner was quiet, and he sat down without saying another word. I do not know what he was going to say; he had not spoken ten words before he was caught up. As he is an intelligent man, a leading chief on the Coast, and the head of his tribe, I think he would have said what was proper. The case Waingaromia No. 2 was then called. Potae rose again. The Judge wanted him to sit down again. He declined on the ground that he appeared as spokesman for the counter-claimants. The case of the claimants had been heard many months before. Counter-claimants had now the right to speak. The Judge wished Wi Pewhairangi, who was sitting close by, to appear as spokesman. Wi Pewhairangi said Henare was the man to speak. I took no written notes at the time. I am trusting to memory as to what passed in the Court. My memory to me seems very clear on the matter. I made no note afterwards; the subject was distasteful to me. Henare Potae, on rising the second time, asked first that Waingaromia No. 2 might be hoard in conjunction with Parariki and Tauwkareparae blocks. These two blocks were claims, page 26 otherwise gazetted—at any rate Parariki, but it is doubtful whether Tauwhareparae was gazetted at the time there were Government claims to come on for hearing, Potae wished them to come on as substantive claims. The prima facie case of Waingaromia No. 2 was closed. Potae wished them all heard together. The Court did not consent. He then asked that Waingaromia might be heard in two parts—the portion claimed by one tribe as one part, and the portion claimed by another tribe as another part. The Court would not consent to this either. Potae then said if the Court persisted in mixing up the affairs of the two tribes, his side would not plead. Potae himself comes in with both tribes as a principal man. The Judge then said, if the counter claimants did not plead, judgment would be given against them, and in favour of Pita Te Huhu. By this time the affair had assumed almost the character of an altercation. Both parties were becoming warm, but the Judge was the warmer of the two. Potae, when he found the Court persisted, said 'You will not agree to my request because you are the paid servant of Read'—pononga utu was the phrase used, I believe. I noticed it particularly, because it is not a phrase generally used in this district. It is a Waikato phrase. The Judge then said to Potae, 'you are drunk.' Potae retorted, accusing the Judge of drinking. The expression used was, 'You drink worse than I do,' &c., &c. The Court broke up in confusion. It was a very painful scene. I do not think Henare was drunk on that occasion. I know him very well. I have often seen him drunk. He was excited, and being lame, his gait was uneasy. He could hardly walk from swollen feet. He suffers very much from his feet. Whenever he becomes intoxicated he begins to speak English. He did not do so on this occasion. Seeing the unfortunate position of affairs, I called a public meeting outside the Court-house; about 200 Natives were present. I urged that Henare's objections should be overruled; that he himself should agree to give way, and that the claims should be heard in any way that they could arrange with the Court, in order that business might not be stayed. But Potae was very firm. He would not concede an iota. In fact, he was obstinate. I never saw him so obstinate before. I went and spoke to the Judge after the meeting broke up. The Judge appeared inclined to make some concession, but during this time the Natives had got drunk—Potae among the rest. Nothing more was done that day. Potae was drunk in the afternoon, and very drunk before the evening was over."

Mr Wilson continues: "Late the same evening Captain Porter arrived in the Luna. He had a conversation with the Judge. When the Court opened, the Judge conceded what Potae had asked, and took the Parariki portion of the block page 27 separately. This arrangement was made through Captain Porter, to whom the map of the Court was given up for the purpose. The arrangement was made inside the Court-house. I asked Porter if he was in any official capacity. He told me he was not. I asked him why he came between me and my clients in making this arrangement. He said because the Court asked him to do so. I am not quite sure whether he said the Judge, or the Court. He said it was against his wish—that he knew it was not fair towards me. His words were—'The Court is making an improper use of me;' and he offered to retire from the position if I requested him to do so. I said, 'No—not if the Court had asked him, as I could not oppose any wish of the Court.' This conversation occurred during the adjournment for lunch. The Court opened about 10 a.m. Rutene Kuhukuhu then appeared as spokesman for Parariki instead of Henare Potae, who had appeared on the previous day for both Parariki and Tauwhareparae. This was because the Natives thought Henare had made himself obnoxious to the Court, and it was better some other spokesman should be put up. Rutene Kuhukuhu gave his evidence, and from the way his evidence was taken I became convinced it would be necessary to hear the case over again before another Judge. He gave his evidence clearly. He was brow-beaten, and—if I may use the term—bullied by the Judge During . . . .the conversation I had with Captain Porter at lunch time, he said to me, to my surprise, that the Judge was going against me in these matters 'out of personal animosity to myself.' Captain Porter volunteered this statement. I shall call him to give evidence on this point. I have also his handwriting to the same effect. I told Porter I did not believe this, for I had never given the Judge any cause. He said I did not know what sort of man the Judge was, that he did not require a cause."

I will pause here to note an incident that seems to me to reflect very strongly on the management of the inquiry by the Commissioners appointed by the Government to look into the matter. Captain Porter in his evidence, when it was given, denied having said that the Judge was working against Mr Wilson from feelings of animosity, and in reply to Mr Wilson, answered: "I did not write nor say anything to any Native about the animosity of the Judge towards yourself." Upon this Mr Wilson put into Court an original letter addressed by Porter to Henare Potae, in which he told Henare that he regretted the turn things had taken, and that it was all owing to the Judge's bad feeling towards Wilson. On this letter being read, Porter objected to its being handed in as evidence. He objected because the letter was a private one written to Henare Potae, who was related to him through his wife. Upon this, the page 28 Commissioners strangely decided that the letter was irrelevant, and could not be admitted as evidence. The exact letter as translated before the Commissioners was as follows.—