Friday May 30th 1873
Place – the same
Present – the same
The crown agent made explanation for his being late in attendance yesterday and apologizes for his absence – which was satisfactory.
Ropata Hurumutu – sworn
I am a Ngati Toa and live at Porirua. I know the Wainoa block. I sold it. The mountain Pouawha I gave to Mr. McLean. I do not know the year. It was previous to the war in Waikato. It was when Mr. Searancke and I asked Mr. McLean for a payment on account. He agreed that it should be paid through Mr. Searancke. This money on account was paid in Wellington. I had £50 and Poihipi – Rapihana Nopera Te Nga Rawiri Kingi (or Puaha) Eruini Te Tupae were with me in the sale. Famaihengia had nothing to with it. We understood that money was for the mountain Pouawha. After we had received the £50 Searancke wished it to include the land at the bottom. All Wainui to Whareroa. Then we agreed to receive the second payment Mr Searancke desired us to include all the bottom part --- lower portion to the sea. The Whareroa people agreed to this. There were three instalments or three divisions of the money. One to Nopera, one to me and one to Eruini Te Tupe for the maountain. I have nothing more to say. We agreed to the sale at Wareroa. I had £50, Eruini had £50 and Nopera had £40.
The land we sold was surveyed by Searancke and after it was surveyed the second payment was made. I was at the survey of the bottom portion. It commenced at Tumupo thence to ---- Pouawha on to the boundary of the block sold by Ngati Kahungungu to the ----. I know Whareroa. The Whareroa boundary was surveyed at the time of the second payment by Searancke and Swainson. I, Poihipi, Nopera and Wi Parata went to point out this boundary at Whareroa. I went with Famaihengia, Searanckeand Rapihana to lay the boundary at Pukahu. Mr. Searancke returned to Wellington. Mr. Swainson went afterwards to finish the line.
Mr. Wardell – crown agent
Was there any other payment than the £140 you spoke of? I said that 50 was paid as earnest money and afterwards a 2nd payment of £140 which was divided into 3 parts.
Did you sign a receipt for £140? I put my mark. Mr. Searancke wrote my name for Wainui and Wareroa.
Is that your writing (deed –small one)? No I can’t write. I put my mark.
Was this the last payment on account? Yes, that was all.
Is that your writing (large one)? No, I cannot form letters. I hold the pen.
On the 9th June 1859, was £800 paid to the ? for land? Yes, it was paid to me by Searancke in addition to the £50 earnest money. The £140 paid for Mataihuke outside the boundary of this block. £800 was paid at Paekakariki as the balance for the block extending to land sold by Ngati Kahungungu.
Was any complete purchase made of the block on which £140 was? After the survey at Wareroa by payment was made at Paekakariki by Mr Searancke.
Were you a party to a sale of land between Weraroa and Pukahu? Yes but I was only a secondary party. Nopera was principal.
Does Mataihuke lie north or south of Weraroa and Paparauponga? To the south of it.
Deed of November 26th 1858 produced and read.
Court adjourned until 2pm.
At 2 pm the court resumed.
The court suggested the necessity of having the evidence of Mr. Searancke the land purchase commissioner at the time in the matter of the boundary in dispute.
The crown agent accepted the suggestion of the court and Wi Parata also consented that the evidence of Mr. Searancke be obtained.
The court suggested the desirability of obtaining the evidence of Mr. Mitchell who has lately been employed as ? survey or in the ? of the land in dispute and the court decided to adjourn until 10 am tomorrow for the purpose of obtaining Mr. Mitchells evidence.
Court adjourned until 10 am tomorrow.
