The hearing of the claim of Horomono Pohio and others was resumed, Mr. Williams appearing for the Crown.

Mr. Mantell examined: I am not quite sure whether the reserve I made at Arowhenua covered the whole of the plantations there. It is possible that some of them were left out with the permission of the Natives. The cultivations were chiefly roofs. Tarawhata was endeavouring to cultivate a field of wheat. When the reserves were made by me I sought to impress upon the Natives that they were sufficient. I reported to the Government that they were sufficient, but I cannot say that the Natives considered them sufficient. The reserves in every case exceeded the cultivation under crop; they covered a greater area than the cultivations. A Native would have under cultivation three times more land than he would have under crop at any time. I am not prepared to say that the reserves made by me actually covered three times more land than the Natives had under crop. I think now that the reserves ought to have been made larger. I do not think the Arowhenua reserve is sufficient. The population was 86 at the time I made the reserve. If the population and the reserve are now the same I think the reserve is manifestly insufficient. I am now better able to judge of the requirements of the Natives than I was then. In my opinion the reserve ought to be increased to double what it is now. It was certainly not, understood that the Natives should have all their eel weirs. I told them that they could use them so long as the Government did not require them for purposes of general settlement. Kemp's Deed is mentioned in my instructions, but I was not to be guided by it. (Instructions read.) I was to make fresh reserves, and I did so, making what I deemed sufficient, after consulting Colonel M'Cleverty, but I do not think them sufficient. I have not said they were page 217sufficient for the honour of the Crown, but for the Natives to live on. Colonel M'Cleverty held a high official position.

Mr. Williams said he thought the only question was as to the additional quantity of land to be given to the Natives.

Mr. Alexander Mackay examined: 600 acres were originally reserved by Mr. Mantell at Arowhenua. No land was reserved at Waimatemate, but 40 acres were given by the Canterbury Association, and an addition of 150 acres was made by the Government. At Waitaki, Mr. Mantell reserved 13 acres, and 10 acres have since been added, making 23 acres on the north side of the Waitaki 376 acres were originally reserved by Mr. Mantell on the south side. The average would barely be seven acres a head at Arowhenua, and nine acres at Waimatemate, including Waitaki. The cultivations were limited in extent. Before the addition was made, the Maoris were in a state of semi-starvation, and they are now hedged in by the Europeans, so that their resources of food are cut off. At Waimatemate, the population is 76. The land added would not be sufficient. I think if they were awarded five acres, each in addition to what they have already got at Waimatemate, it would be amply sufficient, and seven acres at Arowhenua, making an average of 14 acres per head.

Judgment was deferred until the hearing of the other cases had concluded.