EVIDENCE. HAURAKI, THAMES, 1st July, 1843. William Webster, of Coromandel Harbour, being duly sworn, states: I claim the land described in the deed before the court. It is situate at Point Rodney, and contains about 10,000 acres. It is bounded as follows: On the northwest by Point Rodney, on the southeast by Point Tawharanui, running from each point westerly to a mount called Pukemore; and on the east by the sea. I purchased this land in the latter end of 1838 or beginning of 1839, from the native chiefs Ngauranga, Poroto, and others, for the payment specified in the deed, with the exception of the blankets and muskets, which have not been given. The payment was made at different times; the latest, I am certain, was in the year 1839. I have expended about £200 in buildings and improvements on this property, and have had an agent residing upon it for three years. This purchase has not been disputed since I made it by either European or native, but some natives from the Bay of Islands made a claim in the year 1839, which I satisfied. WM. WEBSTER. Sworn before me this 1st day of July, 1843. M. RICHMOND. CASE NO. 305H.-William Webster, of Coromandel Harbour, claimant. (3,000) Three thousand acres, more or less, situated near the River Tairua, Bay of Plenty, commencing one-quarter of a mile to the northward of a creek called Punaruku, and running along the beach one-quarter of a mile to the southward of another creek called Tekaro, and running southwest from each corner boundary to the summit of a hill called Pourewa. Alleged to have been purchased from the native chiefs Ko Hokianga, Ko Pehi, Nghaware, Tengahahu, on the 23rd November, 1839. Consideration given to the natives: Merchandise to the value of £450. Nature of conveyance: Deed in favour of claimant. REPORT. The commissioner has the honour to report, for the information of his excellency the governor, that, from the accompanying evidence taken in Claim No. 305H, he is of opinion that a tract of land thus described, near the River Tairua, in the Bay of Plenty-commencing a quarter of a mile north of Creek Punaruku, and running along the beach a quarter of a mile to the southward of Creek Tekaro, and southwest from each boundary to a hill called Te Pourewa was not purchased from the rightful owners. Therefore no grant is recommended. Auckland, 29th August, 1844. EDWARD L. GODFREY, Memorandum.-Although the amount of payment to the natives is stated in deed No. 1 to be £450, the natives examined only admit to the value of £169 3s.; and, as the claimant has already received grants exceeding the maximum, no compensation for this admitted outlay, in land elsewhere, has been awarded. EVIDENCE. HAURAKI, 6th July, 1843. James Preece, of Hauraki, being duly sworn, states: That is my signature as witness to the deed before the court. I saw both the native chiefs sign; it was read and explained to them before they affixed their marks; they appeared to understand it and were satisfied. I saw all the payment specified on the back of the deed given to them at the time they signed, with the exception of the four last items, viz, two double-barrelled guns, £20 cash, 180 flasks of fine powder, and four double-barrelled guns. The payment I saw made was on the date of the deed, 23rd November, 1839. I do not know the land sufficiently well as to state if the boundaries are correctly described in the deed. Sworn before me this 6th day of July 1843. JAMES PREECE. M. RICHMOND. COROMANDEL HARBOUR. 23rd May, 1844.* William Webster, being duly sworn, states: I claim a piece of land situate in the Bay of Plenty, near the River Tairua, commencing one-quarter of a mile north of a creek called Punaruku, and running along the beach one-quarter of a mile to the southward of the creek called Tekaro, and running southwest from each boundary to a hill called Te Pourewa. The supposed contents, 2,000 acres. I purchased it on the 23rd November, 1839, from the native chief Hokianga and others, and paid them £20 cash, and the goods stated in the copy of the deed of sale which I now exhibit and deposit with the court. The original deed has been mislaid, but I declare that the copy I deposit is a true copy. My possession of this tract has never been contested by either natives or Europeans. I have cut timber off this land for several years. Taken in court, 23d May, 1844. WM. WEBSTER. E. L. GODFREY. William Webster, being re-examined, states: I deliver in a list of the articles given to the natives in payment for this land, and admitted to have been received by them, as there are some errors in the list on the back of the deed. WM. WEBSTER. Taken in court, 29th May, 1844. E. L. GODFREY. Nghaware, a native chief not understanding the nature of an oath, but declaring to tell the truth, states: I am the son of Hokianga, and am deputed by him to give evidence about the sale of a piece of land by him to Mr. Webster some years ago. The land sold is at the Bay of Plenty, near the River Tairua, as described in the deed now read to me; and the payment received for it by Hokianga, Pehi, myself, and others, was the articles stated in the list I have just been shown. We had a right to sell this land, and we have never sold it to any other HENRY T. CLARKE, person. Taken in court, 29th May, 1844. Interpreter. E. L. GODFREY. Pohuhu, a native chief, not understanding the nature of an oath, but declaring to tell the truth, states: I am the son of Pehi, and am sent by him to give evidence regarding the sale by him and others of a piece of land to Mr. Webster some years ago, at the Bay of Plenty, near the River Tairua, as described in the deed now shown to me. The payment made for it is what is stated in the list now read to me. We had a right to sell this land, and have never sold it to any other person. Hokianga and Pehi are invited to a feast, which prevents their coming to give evidence about this purchase. HENRY T. CLARKE, Taken in court, 29th May, 1844. OPPOSITION. Interpreter. E. L. GODFREY. TAURANGA, 29th July, 1844. Tupaia, a native chief, not understanding the nature of an oath, but declaring to tell the truth, states: I and my party have a right in these lands, and we never sold them to Europeans. Neither Pehi nor Hokianga sent any message to us respecting the sale of land to Mr. Webster: but we heard of it from him, and we informed him that we had a claim. Pehi and Hokianga only claim through the same ancestors that we do-namely, Wakaruku. They had no fixed residence at Tairua, but, like ourselves, went there to fish. When we went for that purpose about two and a half years ago, a short time before the death of Whanake, we met Pehi and Hokianga. They then told us that they had sold the harbour of Tairua and the site of an old pa called Paku to Europeans, and proposed to give up to us the parts of the neighborhood unsold; but we did not consent. When Captain Wood came in the "Tortoise," Pehi and Hokianga came to Tauranga *Major Richmond being sent to Wellington, the investigation of this case was concluded by Colonel Godfrey. to ask me and my party to go with them to drag out spars from this land for Captain Wood, in order that both parties might obtain a payment. We consented that some of our party who lived at Tuhua (Mayor Island) should go. E. SHORTLAND, P. A., Taken in court, 29th July, 1844. Interpreter. E. L. GODFREY. Tumitai and Tangimoana, native chiefs, not understanding the nature of an oath, but declaring to tell the truth, give the same evidence in every respect as the above of Tupaia. E. SHORTLAND, P. A., Taken in court, 29th July, 1844. Interpreter. E. L. GODFREY. List of articles on back of deed of sale of land at Tairua: 4 half-barrels gunpowder, £20; 6 quarter-barrels gunpowder, £15; 40 spades, £15; 50 gown patterns, £30; 1 tierce tobacco (500 lb.), £80; 1lb. thread, 8s.; 12 adzes, £4; 20 tomahawks, £4; 24 axes, £6; 12 hoes, £3; 60 shirts, £12; 24 pairs drawers, £5; 40 cartridge-boxes and belts, £20; 12 pairs duck trousers, £3 12s.; 40 blankets, £40; 24 shawls, £24; 24 comforters, £8; 6 muskets, £12; 1 chest, £2; 1 chest, £2; 100 pipes, 10s.; 2 coats, £6; 4 superior double guns, £48; cash, £20; 8 casks canister powder, £24; 10 caps, £5; 40 large iron pots, £20; 20 superior tomahawks, £5; 20 English axes, £6; 10 large blankets, £10; total, £450 10s. Amended list of articles proved to have been delivered: 6 muskets, 2 boxes, 200 pipes, 2 cloaks, 4 double guns, 100 cans powder, 20 iron pots, 10 caps, 20 tomahawks, 20 axes, 20 blankets, 10 casks powder, 20 spades, 40 gown pieces, 1 cask tobacco, 1 pound thread, 12 adzes, 12 drawers, 40 cartouche-boxes, 20 shawls, 20 comforters, £20 money. WM. WEBSTER. CASE NO. 3051-William Webster, of Coromandel Harbour, claimant. (3,000) Three thousand acres, more or less, situated on an island called Waiheke. Bounded on the south by a creek called Nikiairanga; on the west by the sea; on the north by the north point; and on the east by the sea. Alleged to have been purchased from the native chiefs Ruinga, Pounoto, Honepa, and others, on the 8th May, 1838. Consideration given to the natives: Merchandise to the value of £108 1s. Nature of conveyance: Deed in favour of claimant. REPORT. The commissioners have the honour to report, for the information of his excellency the governor, that, from the accompanying evidence taken in Claim No. 3051, they are of opinion that in 1836 and 1838 William Webster made a bona fide purchase from the native chiefs Ruinga and Kahukote and others of a tract of land in the island of Waiheke. The supposed contents, 3,000 acres. The payment made to the natives for this land appears to have been in May, 1838: Cash, £15; goods, £62 12s. Sydney prices × 3 = £187 16s.; total, £202 16s. A deed of sale was executed by the above-named chiefs and others, and they have admitted the payment they have received and the alienation of the land. The commissioners, therefore, respectfully recommend that a grant for 1,187 acres of the above-described land should be issued to William Webster, his heirs and assigns, forever, excepting 100 ft. from high-water mark. Auckland, 1st July, 1843. EDWARD L. GODFREY, Commissioners. EVIDENCE. William Webster, being duly sworn, states: I claim a piece of land at Waiheke, in the Firth of the Thames. I purchased it in the years 1836 and 1838, from the native chiefs, Ruinga, Kahukoti, and others, and paid them for it with cash and goods stated in the deed. My possession of this land has never been disputed by the natives. Mr. Thomas Maxwell claimed a portion of it, but it was never decided. I have never sold any part of this land. The contents are about 3,000 acres. Taken in court, 19th June, 1843. Report confirmed by the governor, 5th July, 1843. W. S. WM. WEBSTER. E. L. GODFREY. CASE NO. 305J.-William Webster, of Coromandel Harbour, claimant. (6,000) Six thousand acres, more or less, being an island called Ahuahu (Big Mercury Island), bearing southeast of Cape Colville, about 20 miles distant alleged to have been purchased from the native chiefs Kaweno, Ko Pariera, and others, on the 20th May, 1839. Consideration given to the natives: Merchandise to the value of £944. Nature of conveyance: Deed in favour of claimant. REPORT. The commissioner has the honour to report, for the information of his excellency the governor, that, from the accompanying evidence taken in Claim No. 305J, he is of opinion that on the 20th May, 1839, the claimant made a bona fide purchase from the native chiefs Mathew and others of a tract of land thus described: A small piece of the south end of the Island of Ahuahu (Big Mercury Island), bounded by a straight line from Momona to Waihi; and another small piece on the northeast coast of the said island, being from Poutiki to Taiwhatiti, from thence straight across to Takaiakatea, and from the latter place straight across to Poutiki; excepting any portion of land in the above limits belonging to the native Kahe, the supposed contents unknown. Although the amount stated in the deed No. 1 is £948, the payment made to the natives for this land appears to have been only-cash, £60; goods, £218; total, £278. A deed of sale was executed by the above-named chiefs and others, and they have admitted the above payment of £278 received and the alienation of the part of the island as above described. The claimant having already received the maximum grant, no grant is recommended. Auckland, 29th August, 1844. EVIDENCE. EDWARD L. GODFREY, William Webster, Claimant.-Coromandel Harbour, 23rd May, 1844. William Webster, being duly sworn, states: I claim the island called Ahuahu or Big Mercury Island, bearing northeast of Cape Colville about twenty miles. I purchased it from the chief Kawena and others on the 20th May, 1839, and paid them about two-thirds of the goods stated in the deed and £60 in cash. For the rest of the articles they hold promissory notes from me. I exhibit the original deed of sale, and deposit a copy of it with the court. I have kept a station and stock upon this island ever since I purchased it, and have never been molested in my possession. I deliver a list of the articles given to the natives in payment, and which they will acknowledge to have received, the enumeration of articles in the deed being in some measure incorrect. Taken in court, 23rd May, 1844. WM. WEBSTER. E. L. GODFREY. Henry Downing, of Coromandel Harbour, being duly sworn, states: That is my signature as witness to the deed now shown to me. I saw the natives attach their marks to the deed after it had been explained to them, and I witnessed very large payment of goods and cash delivered to them by Mr. Webster; but I can not recollect the exact amount. The payment was principally made in May, 1839, when the deed was signed. Some articles were given to them afterward. HENRY DOWNING. Taken in court, 23rd May, 1844. E. L. GODFREY. Tokona, a native chief, not understanding the nature of an oath, but declaring to tell the truth, states: I was one of the chiefs who sold the northeast end of Ahuahu to Mr. Webster, and I agree to let it go to him. I only received one shirt as payment. I let go Piripi's share also, but without his permission-he has still a right to it. The part I sold is Parangatata. Taken in court, 29th May, 1844. HENRY T. CLARKE, Interpreter. E. L. GODFREY. Whaningatu, a native chief, not understanding the nature of an oath, but declaring to tell the truth, states: Some years ago I and my party sold to Mr. Webster the portion of Ahuahu which belongs to us, and we received the payment stated in the list now read to us. The land we sold belonged to us, and did not interfere with the land belonging to Kawharo and his party, which they have correctly described. Their land we did not sell. Taken in court, 29th May, 1844. HENRY T. CLARKE, Interpreter. E. L. GODFREY. Horeta, a native chief, not understanding the nature of an oath, but declaring to tell the truth, states: I am the brother of Whanui, who is dead. I know that he sold the portion of Ahuahu which he possessed to Mr. Webster, and that he received payment for it. He had a right to sell that part of the island. Huruhi, Tatamewhara, Oparia, and Tokokahia belonged to Whanui and Pehi; Waitapu belonged to Tararoa and others; Waioha belongs to Kahe. Taken in court, 29th May, 1844. HENRY T. CLARKE, Interpreter. OPPOSITION. E. L. GODFREY. COROMANDEL HARBOUR, 15th June, 1843.* That native chiefs Piripi, Kawharo, and Kahe (not understanding the nature of an oath) declare they will tell the truth, and state: We, on behalf of ourselves and our party, oppose the sale of the Big Mercury Island, with the exception of a small piece at the south end, which was sold by the chief Mathew, the boundaries of which are Momona, running in a direct line to Waihi, on the opposite side of the island; this piece we do not dispute, as Mathew had a right to sell it. We knew of the sale of the island to Mr. Webster, and received at the same time a deposit of about 40 lb. of tobacco and £5 in money. We agreed to sell our part of the island, and when this deposit was given us Mr. Webster promised to pay us afterwards for the land, but he has never done so. No exact payment was specified. We have often spoken to Mr. Webster about it, but he said he had nothing to pay us with till his ship arrived with goods. Answers to questions from the court. We pressed him for payment till the governor came to New Zealand, when we gave over asking him. Mathew had only a right to the part he sold, and had no claim to our portion. The land belonged to us by descent for many generations. We signed a deed when we received the deposit; the reason we signed it was that Mr. Webster told us we should have more payment when he got it. We expected a great payment, as it is a large piece of land. We told Mr. Webster we expected a large payment. The deed we signed was not explained to us; the names of the persons who sold the island only were read to us. We did not know what we signed, and we now decidedly object to let our portion of the land go to Mr. Webster. By "the names of the persons who sold the island" we mean that Mathew's, ours, and those of our party who signed the deed when we received the deposit were read to us. HENRY T. CLARKE, Interpreter. Taken in court before me this 15th day of June, 1843. M. RICHMOND. Major Richmond being sent to Wellington, the investigation of this case was concluded by Colonel Godfrey. |