Volume 9 Part 28: The Hauraki Tribal Lands: Supporting Papers

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Volume 9 Part 28: The Hauraki Tribal Lands: Supporting Papers: page 63  (621 pages)
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9   1.-1.

  1. I see by your answers that you misunderstand me. After all your experience in these mr. Moo purchases, taking such a case as that of Mr. Russell's, would it not have been better for the Govern- ment Agent himself and for the public, that the whole of the land should have been purchased for the 13th Aug., public by the Agent, and that then an open Court, constituted for the purpose, should have heard what Mr. Russell's claims were for consideration—if they were just, and how far—and then have dealt with his claims, rather than have thrown the responsibility upon a single individual, who was the purchaser of the land P—It was referred to the Government, not altogether decided by me. I merely made the suggestion, which was agreed to by the Government. I am not aware of any Court which could have taken cognizance of the matter. I have always, even as a private land agent, had a great objection to buying, land.which other people were dealing for. I have never asked the Natives to set aside any man's bargain. It would be wrong to do such a thing for the Government, as it would cause great injustice to private individuals.

  2. Whom was Mr. Russell dealing through ? Were you aware that he was engaged in actual negotiations with the Natives ?—I am aware ; he asked me to act, and I refused ; and °he employed Preece and Graham, and they were actually engaged in negotiations.

  3. Ilfr. _Richmond.] You stated, did you not, that he had paid money P—He told me so.

  4. The Chairman.] Would you produce a copy of your lease of the block at Hikutaia from the   • Natives P—I think it has been burned. Win given up. It was made, I believe, in Mr. Rowe's name. There were three or four people in it. I will make inquiry for it.

  5. 211.r. Rolleston.) Is that correspondence in reference to Mr. Russell's interest in Waiharakeke and Hungahunga on record P—I think so. I think there is some correspondence. about it. I wrote a letter, and received one from the Government.

Colonel MeDolurELL examined on oath:

  1. The Chairman.] Have you ever had any conversation with Sir Donald McLean regarding a Cot. Maim communication made to you by Mr. Brissenden, that he was empowered in some way to make purchases of timber leases for Mr. Vogel and Mr. Russell, and to buy land for Dr. Pollen, at the same time that 13th Aug., he was purchasing land for the General Government ?—Yes.

  2. Sir D. McLean.] When did this take place P—In Auckland, in Januarj last, the 25th, in those buildings which Mr. Kemp is in.

  3. Did you mention Dr. Pollen's name or Mr. Vogel's name?—Yes. I went into the office and talked about a conversation I had had a few days previously relative to the lands handed over to Mr. Brissenden. I said I thought that there would be some difficulty in concluding those purchases. You said you were sorry to hear that, and I left. I fancied afterwards that you might have fancied that I would have put difficulties in the way, so when I came to see .you to explain these difficulties, I told. you, in reference to the Kairara and Tutamoi blocks, that Mr. Brissenden said he was empowered lo have blocks cut out of these purchases for Mr. Russell, because of his contract, in which Mr. Vogel was concerned.

  4. These are your own views ; they were not stated to me P—This is what I stated to you as a good reason. I was   b

expressing, my opinion of Mr. Brissenden at the time I related these things to you, to let you know what he had told me. He also stated that he was going to purchase land for Dr. Pollen, adjacent to some land that he had at Kaipara. I forget the name of the block. After I said this, something was said about the New Zealand Cross. Afterwards you said you asked me if I had any objection tout these things in writing. I said no, and .I got paper and wrote to you.

  1. What slate was that on P—To the best of my recollection it was on the 25th of January.

  2. I never saw anything of you on the 25th of January.

  3. The Chairman.] Did you deliver that letter ?—I left it on Sir D. McLean's table.

  4. Was he there P—No, he was not.

  5. Did you keep a copy of the letter P—I kept a sort of rough copy, which I think I have in my papers.

  6. Was that the paper you read to me ?—Yes, I repeated the whole thing to Dr. Pollen what I told you (Sir D. McLean). I went to Dr. Pollen after I had seen you, and related it tb him in his own office in the Government Buildings.

  7. Sir D. McLean.] You related it to Dr. Pollen ?—Yes, I said to Dr. Pollen, "And he also said that you had employed him to buy land." He has made the same statement to others at Hokianga.

  8. .21Ir. Rolleston.] I am not quite clear as to how the conversation arose with regard to Mr. Brissenden. Were you repeating a conversation of Mr. Brissenden to you?—Yes.

  9. And he stated that he was engaged to buy land for Mr. Russell ?—He stated that he had permission to purchase timber for Mr. Russell, in consequence of his having a. contract with the Admiralty.

  10. What was your object for repeating this to Sir Donald McLean P—I had an object in repeating it to Sir Donald McLean.

  11. What was the object you had in view ?—The object was this : I had been negotiating for the purchase of land in the North for two or three years, and I had succeeded in negotiating for a certain number of acres, when Sir Donald McLean came to Auckland. He told me that these lands I had purchased, with the exception of the Victoria Valley, were to be handed over to Mr. Brissenden to complete, and that after the Victoria Valley lands were finished there would be nothing more for me to do, and that I had better petition the House if I thought my services were worthy of any recognition. I had previously—some time after Mr. Brissenden had been employed—certain offers made to me by Mr. Brissenden which I could not entertain, and I foresaw then that Mr. Brissenden had gained his object in getting me removed from the North. There were several things I had been the means of preventing Mr. Brissenden from doing which I considered excessively wrong, and I wished to show the state of the case, and to give him (Sir D. McLean) a good idea of how matters stood. That was my real and only object in mentioning that conversation.

  12. The Chairman.] Were most of your purchases nearly completed when Mr. Brissenden went to take them up ?—None of the purchases were completed. A good many of them were surveyed.

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