No. 19.
Mr. Barstow to the Hon. the Native Minister.

I have the honor, by way of supplement to the accompanying report, of forwarding for your information the following statement:—

On the 17th May, on receipt of your letter (with enclosures) requesting me to investigate into irregularities alleged to have taken place in certain land purchases in the North (Maunganui, Waipoua, Opouteke), I informed Mr. J. A. Tole, solicitor, who preferred the charges, and Mr. Preece, whom these appeared chiefly to affect, that I would hold the inquiry asked for in said papers at an early date.

I was annoyed at finding on the following morning articles in the newspapers on the subject of this inquiry, and spoke of this to Messrs Tole and Preece. The former admitted that he had mentioned the matter in the offices of the Provincial Government, and that thence intimation might have reached certain papers.

Mr. Tole applied for copies of letters, reports, &c., connected with the purchases. I had these prepared for and supplied to him.

I desired, in pursuance of your instructions, to investigate the affairs referred to me without delay, but found that Mr. Commissioner Kemp, then in Waikato, was a necessary witness; and also that time would be required in order to communicate with the several Natives—Tiopira, Heta te Haara, Te Haurangi—said to be complainants. Accordingly, on 1st June I fixed the 9th instant for commencing, and notified the parties interested.

page 137

An application was made to me by Mr. Preece for permission to admit reporters, on the ground that many comments had appeared in the Press already, and that he was anxious that the inquiry should be public. I refused this, and also the request of Mr. Kemp that counsel should be allowed to attend on behalf of the officers whose transactions were called in question.

On Friday, at 2 p.m., in the room attached to the Police Court, I opened the inquiry. There were present, Messrs. J. A. Tole, C. E. Nelson, J. W. Preece, H. T. Kemp, C.C.; J. S. Clendon, Paora Tuhaere, and Mr. Brown, as interpreter.

I ruled that Mr. Tole appeared as having applied for the inquiry, and not as counsel for any client.

The matters connected with the purchase of Maunganui and Waipoua Blocks were proceeded with Paora Tuhaere's evidence was first given, and though I several times expostulated with Mr. Tole against the need of going into the proceedings of the Native Lands Court when adjudicating upon these blocks on his stating that it was essential to his case that the whole transaction should be opened out, I gave way; thus Paora's evidence was not concluded till 5.30 p.m. I allowed Mr. Tole to put, through myself, to the witnesses any question he desired.

I sat again at 10 a.m. on the next day (having myself suggested an earlier hour, Mr. Tole objecting, as it was his unpunctuality caused delay). Mr. Nelson's evidence was taken. Mr. Tole constantly pressed the taking, as it seemed to me, of irrevalent matter, so that it was a quarter past one when this witness was done with. Mr. Tole then stated that, as he must leave Auckland on the 12th (Monday) for Wellington for his parliamentary duties, he would be unable to attend further. An adjournment was asked for, and 2 p.m. fixed for resuming. Mr. Nelson promised to reappear, but failed to do so. I only examined Mr. J. S. Clendon; and adjourned again till the 13th, for evidence of Captain Symonds, Judge of Native Lands Court.

During Mr. Clendon's examination I received. a note from Mr. Tole, asking me to postpone the further hearing until after the session of Parliament.

In the course of this day's proceedings Mr. Tole admitted that, when he wrote his letters to the Superintendent stating that he was employed: professionally on behalf of Tiopira, he had never seen nor heard either by letter or message from that chief, but that he looked upon Paora Tuhaere as Tiopira's agent. Paora flatly contradicted this fact (the agency), and also that he in any way authorized Mr. Tole to act for Tiopira or himself. Mr. Tole also stated that he had not made and did not expect to make anything, i.e., pecuniarily, out of the parties.

I cannot refrain from expressing my opinion that the tactics pursued by Mr. Tole, in protracting the examinations of Paora and Mr. Nelson, were adopted for the purpose of preventing my holding the whole inquiry in his presence. I feel certain that the entire matters connected with the purchase of Waipoua and Maunganui might have been examined into during the six hours occupied by these two witnesses.

On Tuesday, 13th, Captain Symonds gave his statement, and I then further adjourned until Monday, 19th, for Heta te Haara and Te Haurangi. I took their testimony as to sale and payments in respect of Opouteke; and, hearing from Tiopira that he would not attend on the 29th, concluded the inquiry by examining Messrs. Kemp and Preece.

I return herewith all the documents furnished to me for the purpose of this inquiry, together with the evidence taken in the matter, and some explanatory papers and notes.