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In pursuance of and in obedience to the Commission issued under " The Commissioners'
Powers Act, 1867," and "The Commissioners' Powers Act Amendment Act, 1872," on the
4th December, 1893, and directed to me, I have the honour to
report to your Excellency as follows:—
Your Excellency's Commission reached me on the 22nd December, 1893, and immediately on its receipt I communicated with the parties interested, and set to work to collect all the records, books, papers, and documents of every description bearing upon the matters referred to me. I am glad to say I was fortunate enough to obtain every official document and paper relating to the purchase of the Kaitangiwhenua Block, and although about thirteen years had passed since the transaction which I was directed to inquire into took place.
I think your Excellency will see on referring to the evidence and exhibits that most if not all of the main facts connected with the purchase, from its commencement to its completion, have been fully brought out in the inquiry. I held the inquiry at Waitotara on 26th, 27th, 29th, 30th, and 31st January, and 1st, 2nd, 3rd, 8th, and 9th February. I also held a sitting at Wanganui on 3rd February to take the evidence of the Hon. Mr. Bryce and
. Mr. Levi appeared as counsel for Mr. Williams, and Mr. Marshall as counsel for the Natives. Mr. James Duigan James Duigan acted as interpreter, and Mr. Robert Campbell Robert Campbell as shorthand reporter and secretary. Mr. W. H. Russell W. H. Russell
The evidence of the following witnesses was taken on oath: Major Charles Brown,
The Commission recites that "certain charges have been made against
The petition charges Mr. Williams with having " stolen " from the Natives the sum of £5,411, being balance of purchase-money of the Kaitangiwhenua Block, and asks that steps may be taken to recover the money.
I am directed by the Commission to " inquire into the truth or otherwise of the
charges so made as aforesaid, and generally into the conduct of the said
The accusation made by the Natives against Mr. Williams is that on the 28th December,
1880, the Government cheque for the balance of the purchase-money, £5,411, handed on
that day to Uru te Angina, their chief, by Mr. Gill, who attended to complete the
purchase, on behalf of the Government, at Waitotara, was given by Uru te Angina to Mr.
Williams, at the request of the latter, who promised to take it to the bank at Patea,
cash it, and bring back the money on the following day; that Mr. Williams took the
cheque away, cashed it on the morning of the 29th December, 1880, and, instead of
bringing the money back according to his promise, paid it into his private banking
account at the Bank of New South Wales at Patea, and afterwards misappropriated the
money. It appears to me that this is really the only accusation made against Mr.
Williams by the Natives, and it is practically with that charge alone that I propose
to deal. Before stating the facts immediately connected with the handing of the cheque
to Mr. Williams on the 28th December, 1880, and my opinion as to his conduct in
cashing it and paying the money into his private banking account, &c, as
before mentioned, I think it would assist your Excellency to a better understanding of
the case if I were to give a short summary or history of the various steps in the
transaction leading up to the final settlement between the Natives and the Government
in December, 1880. The details and particulars are so fully stated in the evidence
taken on the inquiry, and the documents therein referred to, that it will only be
necessary for me to give a sketch of the main features. In the year 1878 Mr. Williams
was carrying on the business of a blacksmith at Patea. He had acquired a knowledge of
the Maori language, and had obtained a certificate as a licensed interpreter under"
The Native Land Act, 1873." In the month of May, or June, 1878, he arranged with
Mr Williams being a licensed interpreter, did not think it was advisable that his
name should appear in the transaction, so he arranged with modus operandi was this: Mr. Williams would get a Native to sign a Government
voucher, to be forwarded on to Major Brown, and when it was passed by the Treasury
Major Brown sent Mr. Williams the money to pay over to the Natives. In August, 1879,
Mr Williams opened an " official account " in the Bank of New Zealand, Patea. (See W.
Williams's official account.) This account was discontinued about the end of 1879. Mr.
Williams was unable to give any satisfactory reason for not continuing the account. On
referring to the account it will be seen that only about £1,600 of the Kaitangiwhenua
purchase-money went through the account; and it will also be noticed that £740 of that
amount was drawn out by Mr. Williams and paid into his private account at the Bank of
New Zealand. (See Mr. Williams's private bank account with the Bank of New Zealand.)
During all this time—that is to say, from 1878 to the date of the final settlement
between the Government and the Natives, on 28th December, 1880—Mr. Williams and the
firm of Williams and Sons had, apparently, numerous and extensive dealings and
transactions with the Ngarauru (Kaitangiwhenua) Natives. No proper books or accounts
showing these transactions were kept or produced, and Mr. Williams was unable to throw
much light on them. The Natives never had any proper accounts rendered to them by Mr.
Williams or Williams and Sons showing these transactions, and the state of the
accounts between them. The money received by Mr. Williams from Major Brown for payment
to the Natives was mixed up with Mr. Williams's private funds, and I found it quite
impossible to get from Mr. Williams any proper account of how the money received by
him from Major Brown was disbursed or disposed of by him. The Natives apparently had
very great confidence in Mr. Williams, and signed almost anything he put before them.
The vouchers representing the £5,600 odd before referred to were all signed and sent
in before the amounts represented by them were received by Mr. Williams from Major
Brown. On 17th September, 1880, the Native Lands Court gave judgment, and decreed that
the block should be vested in Kauika and five other Native chiefs of the Ngarauru
Tribe. (See memorial of ownership, 17th September, 1880, Vol. ii., folio 46; see Gazette No. 97, 16th October, 1880, page 1504.)
In the month of October, 1880, Mr. Williams's services as Land Purchase Officer were finally dispensed with, and at the end of that month he ceased to be a Government officer. (See correspondence as to his dismissal, reappointment, and final dismissal, with file of Government papers.) It will be seen on reference to this correspondence that on 19th April, 1880, the Hon. Mr. Bryee gave directions that Mr. Williams's services were to be dispensed with from the end of that month, and notice to that effect was sent to Mr. Williams. Mr. Williams, however, wrote to the Minister urging that he should be kept on until the block had passed through the Native Land Court, and offering to waive his claim to salary or remuneration if the Government would allow him to continue in office. In his letter to the Minister, dated 17th May, 1880, he says: " I further think that unless I should continue to finish this purchase that some trouble may arise, as all payments have been made by and through me, so that I could see when they got the balance that the right Natives got it, and I would hold them to their former arrangements which they made when they all appointed agents to receive moneys, &c. I do not ask the continuance of this appointment for the sake of the salary, as I am willing to forego that consideration.
"This letter was laid before the Native Minister (Hon. Mr. Bryce), who ultimately consented to Mr. Williams remaining on till the end of October. Mr. Bryce's memorandum reads thus: " With some hesitation, I think, on the whole, Mr. Williams's services had better be retained for a short time longer.—JOHN BRYCE. 18/5/80."
The fact of Mr. Williams's dismissal was not communicated to the Natives.
I have now reached an important stage in the transaction—namely, the final settlement
and payment of the balance of the purchase-money to the Natives in December, 1880.
When the title had become absolute—i.e., when the three months
before referred to had expired—the Hon. Mr. Bryce gave instructions to Mr. Gill to see
to the final settlement, and to pay the balance of the purchase-money into the hands
of the Native grantees or owners, who were the only persons entitled to receive the
money. On the 14th December, 1880, Mr. Williams sent the following telegram to Mr.
Gill:—
"Patea, 14th December, 1880.
"R. J. Gill , Esq.,Government Buildings, Wellington. "
Willyou be here to pay the balance of Kaitangiwhenua on the time specified—namely, on 18th? The Natives are here inquiring, and wanting to know when." , L.P.O." W. Williams
Mr. Gill placed this telegram before the Hon.
There is nothing amongst the records to show that Mr. Gill replied to Mr. Williams's telegram, but I think it is more than probable that he did do so. Mr. Gill had a statement prepared showing the total amount of purchase-money paid up to date, and for which the Government held vouchers— namely £5,612 4s. 5d.; to this he added the £500 which Mr. Williams alleged he had paid the Natives before the Government took over the block from him—thus making a total debit against the Natives of £6,112 4s. 5d. The total purchase-money amounted to £11,523 5s.—namely, 92,186 acres (this was the area of the block as ascertained on actual survey: the plan on the deed shows 93,386 acres, but in the body of the deed the area is altered to 92,186 acres), at 2s. 6d. per acre; and, deducting the above amount of £6,112 4s. 5d. from the total purchase-money, the balance in favour of the Natives was shown as £5,411 0s. 7d.
On the 20th December, 1880, Mr. Gill left Wellington for Patea with the vouchers,
&c., intending to settle with the Natives there.
As two of the grantees, Uru te Angina and Hakaraia, were absent, Mr. Gill found it
impossible to settle at Patea. Uru te Angina was at Pakaraka, a Native settlement
about six miles from Waitotara, and unable, on account of illness, to come to Patea,
and Hakaraia was absent up the Wanganui River. Mr. Gill arranged with Mr. Williams to
go for Hakaraia, and to assist generally at the final settlement. Mr. Williams's
remuneration was fixed at the sum of £50, which was paid to him by Mr. Gill, at.
Patea, about the 23rd December. Mr. Williams returned to Patea with Hakaraia on the
25th December, but, as Uru was too unwell to go to Patea, Mr. Gill determined to go to
Pakaraka and settle there. Accordingly, on the 27th December, he proceeded to
Pakaraka. When he arrived there he found Colonel Macdonnell, Mr. Duigan, and others,
who alleged that they had claims against the Natives, and requested Mr. Gill to pay
them out of the balance of the purchase-money due to the Natives. Mr. Gill declined to
recognise these claims. The day was wasted. The settlement did not take place, and in
the evening Mr. Gill and Mr. Williams arranged with the Natives to go to Waitotara
early next morning and settle there. Early in the morning of the 28th December, Uru te
Angina was carried to Waitotara, and all parties assembled in a room in the hotel
there for the purpose of completing the purchase. The following were the only persons
present: Mr. Gill; Mr. C. Wallace, interpreter;
" General Government of New Zealand."Official Account."28th December, 1880. "To the Manager of the Bank of New Zealand,
"Carlyle."
Uru te Angina and othersPayNo. 302or bearerfive thousand four hundred and eleven pounds and seven pence." , Richard John Gill
"Under-Secretary,
"Sub-Paymaster.""(£5,411 0s. 7d.)"
(See original cheque amongst exhibits.) This cheque was handed by Mr. Gill to Uru te Angina, and immediately afterwards Mr. Gill left the room, taking with him the vouchers and receipts, &c, before referred to. I may here mention that at this meeting Mr. Williams made no claim of any kind against the Natives, and I am convinced that the Natives were led to believe, and did thoroughly believe, that all their indebtedness to Mr. Williams, and Williams and Sons, and others, had been liquidated out of the moneys which had passed through Mr. Williams's hands prior to the final settlement. In other words, that the debits shown in the account before referred to, amounting to £5,612 4s. 5d., covered everything, and that the amount represented by the cheque was their own money, and was to be divided amongst those entitled to it. I may also mention that during the time which elapsed between the decision of the Native Land Court, on 17th September, 1880, and the final settlement on 28th December, 1880—over three months— neither Mr. Williams nor Messrs. Williams and Sons made any claim whatever on the Natives, nor did they attempt to come to any settlement of accounts, or take any steps to attach the money in the hands of the Government.
After Mr. Gill had left the room, a discussion took place as to cashing the cheque
and distributing the money. There was no bank at Waitotara where the cheque could be
cashed, the nearest bank being at Patea, some seventeen miles away. Uru te Angina was
too unwell to go to
"Waitotara, 28th December, 1880. "To H. T. Christie , Esq., Bank of New Zealand, Carlyle, Patea."
I havethis day paid cheque to Uru te Angina five thousand four hundred and eleven pounds. Please make all necessary inquiries when presented for payment." ." Richard John Gill
On the morning of the 29th December, as soon as the banks opened, Mr. Williams went to the Bank of New Zealand with the cheque to cash it. At the request of the manager, he wrote his signature across the back, and then obtained the cash. He then went to the Bank of New South Wales—where he had opened an account in his own name in November, 1880—and paid in £5.410 of the money to the credit of his account. (See copy Bank of New South Wales account.) Mr. Williams did not inform the Natives of what he had done, nor did he communicate with them in any way, or explain why he did not intend to fulfil the promise made by him to them at Waitotara on 28th December—viz., to cash the cheque, and bring the money down to them on 29th December. When Mr. Williams did not put in an appearance at Waitotara on 29th December, the Natives became anxious, and Kauika wired to Mr. Williams to know why he had not come down. Mr. Williams did not reply to this telegram. Kauika then telegraphed to the manager of the Bank of New Zealand as follows:—
"Waitotara, 29th December, 1880. "The Manager Bank of New Zealand, Patea. "
HasMr. Williams cashed our cheque ? Me and my people are waiting for him. Reply if started, at once. Reply paid." ." Wiremu Kauika
(See Mr. Fisher's diary, 29th December, 1880, exhibit.)
The manager (Mr. Christie) replied to the effect that Mr. Williams had cashed the cheque that morning.
On 29th December Mr. Williams sent the following telegram to Major Brown:—
"Patea, 29th December, 1880. " Major Brown , New Plymouth."I
haveall the Kaitangiwhenua money in the bank—safe at last. They passed all the first vouchers without objecting to any of the amounts, and praised you and self to the highest. My mind is now at rest. Will send a letter." ." William Williams
The letter referred to in this telegram was not produced by Major Brown, who stated that he must have destroyed it some time ago with other papers; nor" was Mr. Williams able to supply a copy or give the purport of the letter.
On the 30th December, 1880, Mr. Williams sent the following telegram to Mr. Duncan, solicitor, Wanganui. I may mention that Mr. Duncan had been acting for the Natives in the Native Land Court, and had a claim against them for £232 odd, and the correspondence between Mr. Williams and Mr. Duncan shows that Mr. Williams had promised to see Mr. Duncan paid out of the purchase-money. (See copy of correspondence amongst exhibits):—
"Patea, 30th December, 1880. " A. Duncan , Solicitor, Wanganui."I
havebeen successful in Kaitangiwhenua, and shall be with you next week." ." Wm. Williams
On the 31st December, the manager of the Bank of New Zealand at Patea sent Mr. Gill the following telegram:—
"Patea, 31st December, 1880.
"R. Gill ,Native Department, Wellington. "
Confidential. Williams, on behalf of Maoris, cashed your cheque Wednesday morning Maoris very uneasy, and anxiously inquiring after money, which Williams declines to pay at present to Maoris or Europeans. Would recommend that you wire him to account for ruonev forthwith." ." H. F. Christie
To this telegram Mr. Gill wired the folowing reply:—
" Wellington, 31st December, 1880.
"H. F. CHristie , Patea."No. 1013. I cannot interfere in the matter. Mr. Williams is not an officer of the Government. The cheque was paid by me to the whole of the grantees, and, until receipt of your telegram, I was not aware it had been handed to him.
" R. J. "Gill
With regard to the concluding portion of this telegram, I may state that, in giving his evidence before me on the inquiry, Mr. Williams swore that, after the meeting at Waitotara on the 28th December was over, he met Mr. Gill outside the hotel, and told him that he (Williams) had succeeded in getting the cheque, and that he (Gill) replied that " he was very pleased to hear it," or something to that effect. Mr. Gill, on the other hand, swore that this was absolutely false, and that he did not know until he got Mr. Christie's wire in Wellington that Mr. Williams had got the cheque from the Natives. On the 7th January, 1881, Mr. Christie sent Mr. Gill the following letter:—
" Patea, 7th January, 1881. " Dear Sir,—"Referring to my telegram respecting Mr. Williams, I appear to have misunderstood your telegram from Waitotara and the tenor of previous conversations, from both of which I gathered that you were most anxious to see that the Maoris received the money for your cheque on this office. But for the misunderstanding I would not have wired to you on the matter.
"I am, &c., " H. F. .Christie
"R. J. Gill , Esq.,Wellington. "
Mr. Gill did not reply to this letter. When Mr. Williams did not reply to Kauika's telegram, and the Natives had learned from the manager of the Bank of New Zealand at Patea that their cheque had been cashed by Mr. Williams, they got very uneasy and anxious, and Kauika and one or two of the grantees went off to Patea to see Mr. Williams about it, and to obtain from him an explanation as to why he had not returned with the money. When they got to Mr. Williams's house they were informed by Mrs. Williams that Mr. Williams was ill in bed and quite unfit to see any one on business. Kauika, however, grew angry and insisted on seeing Mr. Williams, and eventually Mrs. Williams allowed him to go into the room where Mr. Williams was. At this interview Kauika demanded the money from Mr. Williams, who promised to come down to Waitotara with it as soon as he was well enough. (See Kauika's evidence, Book I., page 84, &c.) Between this and the middle of January, 1881, Mr. Williams and the Natives had one or two interviews, but no settlement was arrived at. The Natives always insisted that the money should be handed to them. During these interviews Mr. Williams for the first time asserted that the Natives owed him and Williams and Sons more money than the amount of the cheque. The Natives disputed that they owed anything, and kept urging Mr. Williams to pay the money over to them. Towards the end of January, 1881, Uru te Angina telegraphed and wrote to the Government, complaining that Mr. Williams was holding their money. On 29th January, 1881, he wired as follows:—
"Waitotara ,29th January, 1881.
"R. Gill ,Native Office, Wellington. "
Williamshas withheld our money. Do you instruct him to pay it to us now? Reply to this wire." ." Uru te Angina
Uru also wrote to Mr. Rolleston, Native Minister, on the same day, asking the Government to assist the Natives to recover their money from Mr. Williams. The Government, however, refused to interfere, and took up the position that as the cheque had been handed over to the Natives the Government was not liable in any way, and that if the Natives chose to trust Mr. Williams—who was not at that time a Government officer—with the cheque, they did so at their own risk. The records show that from this date up to last sitting of Parliament the Natives have been constantly applying to the Government for relief and assistance in connection with this matter. (See petitions, reports of Committees, &c, in Government file.) Uru and Kauika also went to Wellington on several occasions and interviewed the Native Minister, but they were always told that the Government would not recognise any liability, and could not interfere in any way. In July, 1885, the Native Affairs Committee reported, "That the Government should ascertain whether there be sufficient evidence to warrant an action at law in this matter—either civil or criminal—and, if so, should assist the Natives to obtain justice."
In the month of March, 1881, the Natives placed the matter in the hands of
"Wanganui, 19th March, 1881. " Dear Sir,—"I am instructed by Uru te Angina, Matanganui, Piki Kotuku,
Wahiawa, Wiremu Kauika , and Hakaraia te Nawiri to apply to you for payment of the sum of £5,411, appropriated by you out of the purchase-money of Kaitangiwhenua, due to the above-named Natives. I am further instructed to inform you that unless the above sum be paid by Wednesday next, the 23rd instant, together with 45s. costs, proceedings, both civil and criminal, will be taken against you without further notice."I remain, &c., " A. .Duncan" W. Williams , Esq., Patea."
Mr. Williams replied to this letter as follows:—
"Patea, 22nd March, 1881 " Dear Sir,—"I write to inform you that I shall be most happy to settle with Uru te Angina and the other owners of the Kaitangiwhenua Block, and may further state that I have been pressing them for a final settlement, but I decline to do it in the way you demand, and if you have anything more to communicate on this matter I refer you to my solicitor,
. Mr. George Hutchison George Hutchison "I am, &c, " . W. Williams" A. Duncan , Esq.
It will be noticed that Mr. Williams did not forward any statement of account with this letter. On 24th March, 1881, Mr. Hutchison wrote to Mr. Duncan as follows:—
"Wanganui, 24th March, 1881 ." Dear Sir,—"
ReKaitangiwhenua, without prejudice. In a few days I expect to be able to communicate with you respecting the accounts between the Natives and Mr. Williams. If, in the meantime, your instructions require you to take civil proceedings I am authorised to accept service as if Mr. Williams were a resident within the Wellington District."Yours faithfully, " . George Hutchison " A. Duncan , Esq."
Mr. Hutchison did not again communicate with Mr. Duncan respecting the accounts between Mr. Williams and the Natives. The correspondence, &c, shows that Mr. Williams shortly after this practically took the matter out of Mr. Hutchison's hands. Mr. Williams, towards the end of March, wired to Major Brown to come down and assist him to come to some settlement with Mr. Duncan. (See letters, Brown to Williams, 23rd March; Brown to Duncan, 23rd March; telegrams, Williams to Brown, 26th March; Brown to Duncan, 28th March; Duncan to Brown, 29th March.) On the 9th April, 1881, Major Brown and Mr. Williams went to Wanganui and had an interview with Mr. Duncan. The following entry, from Mr. Duncan's bill of costs in the matter, sworn to as being correct by Major Brown (see his evidence), shows what took place at this interview:—
"1881, April 9.—Attending Mr. Williams and Major Brown in long conference as to
compromise of case, when Mr. Williams promised to furnish accounts
shortly."
Mr. Williams did not, however, keep his promise, and on the 20th June he caused the following letter to be sent to Mr. Duncan:—
"Patea, 20th June, 1881. " Dear Sir,—"At your request I have looked through the accounts
reKaitangiwhenua, and find that it would take too long to give you them in detail, but will give you the total amount of the moneys I have paid away, which is £5,813 7s. 9d. This does not include your account or North's. There are also a few outstanding accounts, for which I am responsible, altogether amounting to about another £50. The Natives saw the whole of these accounts, and had them read out to them, and said they were all correct."I beg to remain, &c, " , W. Williams
"Per D. J. W." A. Duncan , Esq."
In April, 1881, an application was made to Major Heaphy, on behalf of the Government, for his certificate, as Trust Commissioner under the Native Lands Frauds Prevention Act, to the conveyance to the Queen of the 18th September, 1880. The Natives attended, and opposed the granting of the certificate, and Major Heaphy took their evidence. (See evidence with Government file.) Mr. Williams was present, but he declined to ask the Natives any questions. Major Heaphy took time to consider the matter, and delivered a written judgment on the 27th May, 1881, granting the certificate required by the Act. Major Heaphy's decision, and the evidence taken before him, will be found with the Government file of papers, but I will just make one or two extracts from the judgment to show the ground upon which he based his decision. He says: " It appeared that dissatisfaction existed among the sellers with regard to the ultimate disposal of a cheque for £5,411, paid to them by Mr. Gill, in one final payment, at Waitotara; but, as they acknowledged to have received the cheque into their own hands, I considered I had nothing to do with their subsequent disposal of it."
Referring to the transactions between the Natives and Williams and Sons, Major Heaphy says: " They (the Natives) do not appear to have received accounts of the goods so delivered, nor in some cases to have known the prices."
Again: he says, "It appears evident that a Trust Commissioner should have the means
of making his inquiries while such a sale is in course of operation. If he were to
withhold his certificate after the completion of the deed the wrong parties would
suffer. However unsatisfactory might have been the conduct of those who
negotiated the purchase, I did not find that there was any transaction between
the buyer and seller of a fraudulent nature. The Natives had abundance of other land
for their future wants. I therefore have certified to the deed."
Again: "I asked Mr. Williams for copies of accounts, that I might judge of the fairness of prices charged by his sons for buggies, horses, &c. He promised to furnish them, but has not done so. I have no power to compel their production."
The Trust Commissioner's certificate is indorsed on this deed, and is dated 27th May,
1881.. On the 9th July, 1881, Mr. Williams was, on the petition of a creditor, Thomas
North, of Patea, draper, adjudicated a bankrupt by order of the District Court at
Patea. The Commission does not direct me to inquire into Mr. Williams's conduct in
connection with his bankruptcy, but I may say this: that a careful perusal of the
papers and evidence, &c. (forwarded herewith), relating to the bankruptcy
proceedings must, I think, convince any unprejudiced person that, in transferring to
his sons, a few weeks before the adjudication, practically the whole of his assets,
valued at £1,922 odd, in liquidation of an alleged indebtedness to them, he was guilty
of a gross fraud on his creditors. The proceedings in the bankruptcy from the
beginning to end were of the most extraordinary. character, the chief aim and object
of Mr. Williams, his sons, who assisted, and the friendly creditors evidently beiug to
prevent the hostile creditors from getting anything out of the estate. The question
may be asked, "Why did not Mr. Duncan, as solicitor for the Natives, look after their
interests, and press their claim against Mr. Williams?" As I have already stated, Mr.
Duncan had a claim on the Natives for £232 odd for two days' attendance before the
Native Land Court, at one hundred guineas a day, and for preparing the conveyance from
them to the Queen. At the time of Mr. Williams's bankruptcy this amount was still
unpaid, and his sons, with his knowledge, agreed to pay, and did pay, the full amount
to Mr. Duncan on condition that he would not take any further action against their
father.
After a very exhaustive investigation, I regret to say that I am unable to come to
any other conclusion than that Mr. Williams, who at the time enjoyed the full
confidence of the Natives, and had considerable influence over them, obtained the
cheque for the balance of the purchase-money —£5,411 0s. 7d.—from them by treachery,
deceit, and trickery; and that, having cashed it, he, in breach of the conditions upon
which the cheque was handed to him, fraudulently appropriated the proceeds in the
manner before mentioned, and has never accounted to the Natives, not only for that,
money, but for the sums received by him through Major Brown prior to the final
settlement. I gave Mr. Williams written notice (see Commissioner's correspondence) to
prepare and produce at the inquiry a full, true, and particular account of his
dealings and transactions with the Natives, but he failed to comply with my request.
The evidence has fully satisfied me-that the Natives have never, at any time, had an
account from Mr. Williams showing how he disposed of the large sums of money which
passed through his hands. Mr. Williams, as I have already shown, promised Major
Heaphy, the Trust Commissioner, to supply accounts, but did not keep his promise. He
also undertook to furnish Mr. Duncan with accounts, but again failed to do so,
alleging that "it would take too long " to make them out. Just as the inquiry was
drawing to a close, Mr. Levi, counsel for Mr. Williams, handed in an account (see
account amongst exhibits) which he said he (Mr. Levi) had prepared to the best of his
ability, but he admitted that he was unable to bring any evidence to verify it, and
did not attempt to prove its correctness. A glance at this statement will show that it
is incorrect in many particulars, and incomplete. I am inclined to agree with Mr. Gill
(see his minute of 27th August, 1893, in Government file) that the Natives have been "
robbed " to a considerable extent, and I certainly concur with the
late Mr. Ballance's opinion (see minute, 20th May, 1891, Government file) that they
were " abominably treated " by Mr. Williams. There is a well-known
legal maxim to the effect that "There is no wrong without a remedy." I apprehend,
however, that it is no part of my duty to suggest what remedy should be applied in the
present case. That is a question which will no doubt be carefully considered and
decided upon by your Excellency's Advisers.
With regard to the costs of this inquiry, I am empowered by section 6 of " The Commissioners' Powers Act 1867 Amendment Act, 1872," to order " that the whole or any portion of the costs of any inquiry shall be paid by any of the parties to such inquiry."
I am of opinion that the whole of the costs of the inquiry should be paid by Mr. Williams, and I order accordingly.
I forward for your Excellency's information,—
I runga i te tikanga whakahaere o te Komihana me te whakarongo hoki ki te
kupu whakahau o taua Komihana, i whakaputaina nei i raro i "
No te 22 o nga ra o Tihema, 1893, i tae mai ai ki ahau to Komihana, a i taenga mai ano timata tonu atu taku tuku kupu atu ki nga tangata i whai tikanga ki te keehi, timata tonu hoki ahau ki te kohikohi mai i nga pukapuka, rehita, me etahi atu ahua pukapuka whai tikanga katoa e pa ana ki nga mea i tukua mai ki ahau i roto i te Komihana, a ahakoa ka tekau ma toru rawa nga tau kua pahure i muri mai o nga whakahaerenga i tukua mai nei kia uiuia e ahau te tikanga, riro Katoa mai ana i ahau aua pukapuka, ara nga pukapuka katoa e pa ana ki runga ki te hoko o Kaitangiwhenua Poraka.
Ki taku whakaaro mehemea ka tirohia e koe nga korero i whakapuakina me nga
mea whakaatu ka kite koe i pau te nuinga, mehemea kahore te katoa, o nga tino take e
pa ana ki te hoko, mai ano o te timatanga o te hoko tae noa mai ki te mutunga, te
whakaatu i te wa o te uiuinga. I noho ahau ki Waitotara ki te uiui i te 26, 27, 29, 30
me te 31 o nga ra o Hanuere, i te 1, 2, 3, 8 me te 9 o nga ra o Pepuere. I noho ano
hoki ahau ki Whanganui i te 3 o nga ra o Pepuere ki te whakarongo ki te tuhi hoki i
nga kupu whakaatu a
Ko nga kupu i whakina e nga kai-korero e
Ko te kupu tenei o te Komihana "Kua puta etahi whakapae mo
E ki ana te pitihana i " tahaetia " e Wiremu nga moni £5,411 a nga Maori, he moni toenga nei era no te hoko o Kaitangiwhenua Poraka, a e tono ana hoki kia whakahaerea he tikanga e hoki mai ai aua moni ki nga Maori.
Kua whakahaua mai ahau e te Komihana, " Kia uiuia kia kitea te tika te
pehea raneii o nga whakapae kua kiia i runga ake nei, kia uiuia hoki te ahua o nga
mahi a Wiremu i runga i te
Ko te whakapae a nga tangata Maori mo Wiremu e penei ana i te 28 o nga ra o
Tihema, 1880, ka hoatu e
I runga i te mea he kai-whakamaori whai raihana a Wirewu whakaaro ana ia e
kore e tika kia Gazette, Nama 97, o te 16 o nga ra o Oketopa, 1880,
Wharangi 1504). Ko Wiremu Kauika anake me Wahiawa nga tangata o te Karauna karaati e
ora nei, ko etahi o nga tangata o te karaati no muri mai i te whakaotinga o te hoko i
I te marama o Oketopa, 1880, ka whakamutua te mahi hoko whenua a Wiremu a i
te paunga o nga ra o taua marama ka mutu tana tu apiha Kawanatanga (Tirohia nga
pukapuka mo runga mo te whakamutunga o tana mahi, mo tana whakatuunga ano, me te tino
whakamutunga rawatanga o tana mahi, i roto i te paihere o nga pukapuka Kawanatanga).
Mehemea ka tirohia enei pukapuka ka kitea i te 19 o nga ra o Aperira, 1880, ka kiia e
I whakatakotoria tenei reta ki te aroaro o te Minita mo te Taha Maori (o
Kihai i whakaaturia ki nga Maori te whakamutunga o te mahi a Wiremu. Kua
tae ahau inaianei ki tetahi o nga wahi tino whai tikanga i roto i te hoko o te whenua,
ara ki te wa o te whakaotinga mutunga o te hoko me te utunga ki nga Maori o te moni
toenga o te hoko i te tau 1880. I te wa i tuturu ai nga take paanga ki te whenua, ara
i te pahuretanga o nga marama e toru i muri mai i te putanga o te whakatau a te
Kooti,. ka puta te kupu whakahau a
" Patea ,Tihema 14, 1880.
"Ki aTe Kira , Kei te Whare o ngaTari Kawanatanga i Poneke."
Katae mai ranei koe ki konei a te ra i whakaritea, ara a te 18of nga ra? Kei konei nga Maori e uiui ana, e hiahia ana hoki kia mohio a hea." , A. W . WiremuH.W ."
I whakatakotoria e Hone Paraihe. 14/2/80."
Kahore e whakaatu ana i roto i nga pukapuka i tuku kupu whakahoki a
I te 20 o nga ra o Tihema, 1880 ka i Hawera kia haere mai."
I runga i te ngaronga atu o
" Kawanatanga nui tonu o Niu Tireni."Tihema 28, 1880. "Kaute Kawanatanga.
"Ki te Rangatira o te Peeke o Niu Tireni i
"Carlyle ."
Uru Te Angina me etahi atuUtuaNama 302 ki ate tangata ranei nana i mau atu tenei (haki) nga moni erima mano e wha rau kotahi tekau ma tahi pauna e whitu kapa." , Rihari Hone Kira
"Heretari.
"Kai-utu moni o raro iho i te Tumuaki Kai-utu moni.""£5,411.0.7.
(Tirohia te haki (
I muri i te putanga o
"Waitotara ,Tihema 28, 1880.
"Ki aH.F.Chiristie, Esq ., Peeke o Niu Tireni,Carlyle , Patea."
Kuautua e ahau i tenei ra ki a Uru Te Angina he haki (cheque ) mo nga moni e rima mano e wha rau kotahi tekau ma tahi pauna. Me ata uiui e koe nga tikanga ina kawea atu taua haki kia wahia koe."." Rhari Hone Kira
I te ata o te 29 o nga ra o Tihema, i te tuheratanga o nga Peeke, ka haere a Wiremu ki te Peeke o Niu Tireni ki te wahi i te haki. I runga i te tono a te Kai-whakahaere, ara Eangatira o te Peeke, tuhia ana e Wiremu tona ingoa ki tua o te haki, a utua mai ana nga moni ki a ia. Te rironga mai o nga moni haere ana ia ki te Peeke o Niu Hauta Weera kei reira nei tetahi kaute motuhake i whakapuaretia e ia ki tona ingoa ake, i te marama o Noema, 1880, a utua ana e ia e £5,410 o taua moni ki roto ki taua kaute ana ake. (Tirohia te kape o te kaute o te Peeke o Niu Haute Weera.) Kahore i whakaaturia e Wiremu ki nga Maori tana peeketanga i taua moni ki tana ake kaute, kahore hoki ia i tuhi i whakaatu ki a ratou he aha i kore ai ia e whakarite i te kupu i kiia tuturutia ra e ia ki nga Maori i te 28 o nga ra o Tihema, ara tana kupu mana e wahi te haki, mana hoki e mau mai te moni ki nga Maori i te 29 o Tihema. I te korenga o Wiremu e tae mai ki Waitotara i te 29 o nga ra o Tihema pa mai ana te manawapa ki nga Maori, no reira patua atu ana te waea a Eauika ki a Wiremu, patai atu i te take i kore ai ia e tae mai. Kahore a Wiremu i whaka-hoki kupu mai mo tenei waea. Katahi ka patua he waea e Kauika ki te rangatira o te Peeki o Niu Tireni. Ko nga kupu enei o taua waea:—
"Waitotara, Tihema 29, 1880.
Ki te Eangatira o te Peeke o Niu Tireni, Patea."Kua wahia ranei e Wiremu ta matou haki Kei te tatari atu matou ko toku iwi ki a ia. Mehemea kua haere mai ia kia tere tonu te whakaatu mai. Kua utua te moni mo te whakahoki mai mo tenei waea.
" ." Wiremu Kauika
(Tirohia te pukapuka (
Ko te whakahoki mai a Kirihiti (
I te 29 o nga ra o Tihema ka patua e Wiremu he waea ki a Meiha Parone. Ko nga kupu enei o taua waea:—
"Patea, Tihema 29,1880.
"Meiha Paraone, Niu Paremata. "Kua tae katoa i ahau nga moni o Kaitangiwhenua ki te Peeke, kua pai inaianei kua
or a. I ata paahitia katoatia e ratou nga pukapuka whakahaere utunga moni tuatahi a kahore hoki ratou i whakahe i etahi o nga moni i roto i aua pukapuka, a nui atu to ratou whakapai ki a koe ki ahau hoki. Kua tatu toku ngakau inaianei ka tuhia atu e ahau he reta."" Wiremu Wiremu ."
Kihai te reta i kiia i roto i te waea nei i whakatakotoria e Meiha Paraone ki toku
aroaro. I ki ia ki tana mahara i tahuna pea taua reta i te wa i tahuna ai etahi o
I te 30 o nga ra o Tihema, 1880, ka patua, te waea e mau ake nei, e Wiremu kia a Takena, roia i Whanganui. Me ki penei atu ahau i tu taua roia, a Takena, hei kai-whakahaere keehi mo te taha ki nga Maori i roto i re Kooti Whenua Maori, a he kereeme tana ki nga Maori mo nga moni e £232 topu, a kei te whakaatu nga reta i waenganui ia Wiremu raua ko Takena i ki a Wiremu mana e whakarite kia utua nga moni nama ki taua roia i roto i nga moni o te hoko o te whenua. (Tirohia nga kape nga reta i roto i nga mea whakaatu.)
"Patea, Tihema 30, 1880.
"Ki a A. Takena, Eoia, Whanganui. "
Kuataea katoa taku mahi mo Kaitangiwhenua a ka tae atu ahau ki kona, ki a koe, a tera wiki." ." Wiremu Wiremu
I te 31 o nga ra o Tihema, ka patua mai e te Eangatira o te Peeke o Niu Tireni he
waea ki a
Patea, Tihema 31, 1880.
"Ki a, Tari Maori, Poneke. R . Te Kira"
. No te ata o te Wenerei ka wahia e Wiremu, mo te taha ki nga Maori, to haki. Kei te nui te manawapa o nga Maori, a kei te uiui mo taua moni. Kahore a Wiremu e whakaae inaianei ki te utu i taua moni ki te Maori ki te Pakeha ranei. He mea atu tenei naku kia koe me patu mai he waea ki a Wiremu kia whakaaturia atu e ia ki a koe tana peheatanga i taua moni."Confidential " ( H. P . Kieihiti)." H. F .Christie
Ko nga kupu enei o te waea whakahoki a
"Poneke, Tihema 31, 1880.
" , Patea. H. P . Kirihiti"No. 1013. E kore ahau e ahei ki te whai tikanga mo runga i tenei mea, E hara a Wiremu i te apiha o te Kawanatanga. I utua e ahau te haki ki nga tangata katoa o te karaati, a no te taenga mai ano o to waea nei katahi ano ahau ka mohio i hoatu taua haki ki a Wiremu."
" ( R. H .Kira)." R. J .Gill
Mo runga mo te wahi whakamutunga o te waea nei i penei mai nga kupu a
Wiremu ki ahau, i runga ano i te oati, i tona tuunga ki te whaaki kupu i toku aroaro,
"Patea, Hanuere 7, 1881. " E Pa,—"Mo runga mo taku waea mo Wiremu, i pohehe pea ahau ki nga kupu o roto o to waea i patu mai ki ahau i Waitotara, me te tikanga o kupu ki ahau i nga korerorerotanga o mua atu. Ano ki ahau i penei te tikanga e tino hiahia ana koe kia puta tonu atu ki nga Maori te moni o te haki i tuhia nei e koe ki runga ki tenei Peeke. Mei kaua taku pohehe kua kore ahau e patu atu i taku waea ki a koe mo runga mo taua mea. Heoi ano.
" Na H. P .Kirihiti." Kia , Poneke."R. H . Kira
Kahore a
"Waitotara, Hanuere 29, 1881.
"Ki aR .Kira, Tari Maori , Poneke."
Kuapuritia atu e Wiremu ta matou moni. Tonoa ia e koe kia utua mai te moni ki a matou inaianei. Utua mai tenei waea." " Uru Te Angina.
I tuhi reta mai ano hoki a Uru ki a
I te marama o Maehe, 1881, ka tukua e nga Maori taua keehi ki a
"Whanganui, Maehe 19, 1881. " E Hoa,—"Kua whakahaua mai ahau e Uru Te Angina, e Matanganui, e Piki Kotuku, e Wahiawa, e
Wiremu Kauika , eHakaraia Te Nawiri hoki, kia tono atu ki a koe kia utua nga moni e £5,441 i tangohia e koe i roto i nga moni hoko o Kaitangiwhenua, ko aua moni nei ma nga Maori e mau nei nga ingoa i runga ake nei. Kua whakahaua mai ano hoki ahau kia ki penei atu ki te kore aua moni e utua mai a te Wenerei te 23 o nga ra o te marama nei me nga moni e 45/-, utu mo te whaka-haerenga o te keehi, ka whakahaerea tonutia he keehi he tikanga hoki mou i raro i te Ture Hiwiri me te Ture Kirimina, a e kore e puta tetahi atu kupu whakaatu ki a kae."Heoi ano, "Na A. Takena "Ki a W . Wiremu, Patea."
Ko te reta whakautu mai tenei a Wiremu mo ta Takena:—
"Patea, Maehe 22, 1881 ." E Hoa,—"He kupu whakaatu atu tenei naku ki a koe ka pai noa atu ahau ki te whakaoti i tenei mea ki a Uru Te Angina me etahi atu o nga tangata no ratou nei a Kaitangiwhenua Poraka, a he mea atu hoki tenei kia mohio koe ko taku mahi he tohe ki a ratou kia whakaotia, engari kahore ahau e pai kia whakaotia i runga i te tikanga e kiia mai nei e koe. Mehemea he kupu atu ano au mo runga mo tenei mea me ahu atu ki taku roia ki a
Hori Hatihana korero atu ai, me tuhi atu ranei ki a ia."Heoi ano, " Naku, Na . W . Wiremu"Ki a A. Takena ."
Kahore i tukua mai e Wiremu he kaute i roto i tenei pukapuka. I te 24 o nga ra o Maehe, 1881, ka tuhi mai a Hatihana i tenei reta ki a Takena:—"
"Whanganui, Maehe 24, 1881 .E hoa,— "Mo Kaitangiwhenua. E kore e maha nga ra kei muri ka ahei ahau ki te tuku pukapuka atu ki a koe mo runga mo te kaute i waenganui i nga Maori me Wiremu. Otiia mehemea kua whakahaua mai koe kia hamenetia (a Wiremu), kua whakamana ahau hei tango i taua hamene, ano nei kei roto a Wiremu i te Takiwa Porowini o Poneke e noho ana.
"Heoi ano, "Na . Hori Hatihana "Ki a A. Takena ."
Kahore rawa a Hatihana i tuhi mai ano i tetahi pukupuka mo te kaute i waenganui i nga Maori me Wiremu. Kei nga pukapuka i tuhituhia me etahi atu mea e whakaatu ana i muri tata i tenei ka tangohia tonutia atu e Wiremu te tikanga whakahaere i roto i nga ringa o Hatihana. I te tatanga ki te pau o nga ra o Maehe ka patua e Wiremu he waea ki Maeiha Paraone kia haere mai hei hoa whakarite tikanga whakaoti mona i taua raruraru ki a Takena. (Tirohia enei reta— ta Paraone ki a Wiremu o te 23 o Maehe; ta Paraone ki a Takena o te 23 o Maehe; waea a Wiremu ki a Paraone o te 26 o Maehe; ta Paraone ki a Takena o te 28 o Maehe; me ta Takena ki a Paraone o te 29 o Maehe.) I te 9 o nga ra o Aperira, 1881, ka haere a Wiremu raua ko Meiha Paraone ki Whanganui a i korero raua ki a Takena. Ko nga kupu enei i raro iho nei i tuhia ki runga ki te pire a Takena mo nga moni utu o nga whakahaerenga mo runga mo taua mea i korero-tia e ratou. I kiia e Meiha Paraone, i runga ano i te oati, e tika ana aua kupu i tuhia ra. (Tirohia ana kupu whaaki.) Ko aua kupu i tuhia kei te whakaatu i nga tikanga i korerotia e ratou. Koia enei ko aua kupu i tuhia ra:—
"1881, Aperira 9.—Whakahaerenga tikanga ki a Wiremu raua ko Meiha Paraone i te korero roa mo runga mo te tikanga i whakaaetia hei otinga mo te keehi, a whakaae ana a Wiremu kia tukua tatatia mai e ia nga kaute."
Otiia kihai a Wiremu i whakarite i tana whakaaetanga, a i te 20 o nga ra o Hune ka whakahaua e Wiremu kia tukua tenei reta ki a Takena:—
"Patea, Hune 20, 1881 ."E hoa,— "I runga i to tono kua tirotirohia e ahau nga kaute mo Kaitangiwhenua a kitea ana e ahau e kore e taea te tataku atu ki a koe nga mea katoa i roto i aua kaute, he maha rawa hoki a he roa noa atu te wa hei tuhituhinga i aua mea, na reira me ki kau atu e ahau te nui o nga moni kua utua e ahau, ara e £5,813 7 9. Kahore to kaute i roto i tenei, kahore hoki ta Noota. Tera atu ano etahi atu kaute kei waho atu o tenei e riro ana maku e whakahaere, e tae ana nga moni o aua kaute ki te £50. Kua kite nga Maori i enei kaute katoa, kua panuitia katoatia atu hoki ki a ratou, a kua kiia ano hoki e ratou e tika ana.
"Heoi ano, " , W . Wiremu"Na R. H. W ."Ki a A. Takena ."
I te marama o Aperira, 1881, ka tukua he tono ki a Meiha Hiiwhi (
Mo runga mo nga tikanga i waenganui i nga Maori me Wiremu me ana Tama ko nga kupu enei a Meiha Hiiwhi: " Ki te whakaaro kahore i tae he kaute ki nga Maori mo nga taonga i tukua ki a ratou, a kahore hoki ratou i mohio ki nga utu o etahi o aua taonga i tukua atu ra ki a ratou."
Ko etahi atu enei o ana kupu: " Ki te whakaaro he mea tika kia tae he
whakaaturanga ki te Komihana Kai-tiaki e ahei ai ia ki te uiui i nga tikanga i te wa e
whakahaerea ana te hoko. Ki te kore e whakaputaina e ia te tiwhikete i muri iho i te
otinga o te Tiiti ka pa te mate ki te hunga kahore nei i tika kia tau he mate ki runga
ki a ratou. Ahakoa ano te ahua pohehe o te mahi a te hunga na ratou nei i
whakahaere te hoko kahore i kitea e ahau he tikanga tahae i roto i te hoko i
waenganui i te kai-tango me nga kai-tuku i te hoko. He nui nga whenua o nga Maori kei
waho atu i tenei hei oranga mo ratou, na reira whakamana ana e ahau te Tiiti."
Ko etahi atu ano enei o ana kupu: "I tonea e ahau kia homai e Wiremu ki ahau nga kape o nga kaute kia ahei ai ahau ki te whiriwhiri i te tika i te he ranei o nga utu o nga mea i roto i aua kaute, ara i nga utu mo nga paki, mo nga hoiho me etahi atu mea i hokoa atu e ana tamariki. I whakaae ia ki te homai i nga kape o aua kaute, otiia kahore ano kia tukua mai e ia. Kahore he mana i ahau e ahei ai taku tono kia mauria tonutia mai aua kape o nga kaute."
Ko te tiwhikete a te Komihana Kaitiaki kei runga i te Tiiti e mau ana, a i tuhia i te
27 o nga ra o Mei, 1881. I te 9 o nga ra o Hurae, 1881, ka whakataua a Wiremu e te ota
a te Kooti Takiwa i Patea he peekerapu, i runga i te pitihana a tetahi o nga tangata i
nama nei ia ki a ratou, ara a
I pau katoa nga tikanga o tenei keehi te uiui e ahau, ara i nui rawa atu taku mahi
uiui mo tenei keehi a kahore atu he whakataunga e kitea e au maku, ko tenei anake, i
riro mai i a Wiremu, i te tangata i maharatia nuitia nei e nga Maori he tangata
totika, me to ratou whakarongo ano ki a ia i runga hoki i to ratou whakapono he
tangata mahi tika ia, i riro mai i a ia taua haki (
Mo runga mo nga moni hei utu mo tenei mahi uiui kei te whai mana ahau i raro i te
Tekiona 6 o "
Tenei ka tukua atu nei e ahu hei whakaaturanga ki a koe:—