Hon. Wm. Fox examined.

The Chairman.—Dr. Buller stated to the Committee that a promise had been made to him of £500 in consequence of the success which attended his negotiations for land in the Manawatu Block and that this money has not been paid, and petitions the House that it should be paid. The Committee wish to ascertain the particulars.

Q. Have you any personal knowledge of the matter?

A. Yes, I have much knowledge on the subject. I was connected officially and personally as a Minister of the Crown with all the transactions from the commencement to the termination, and had also personal information from Dr. Featherston from time to time, for whom I acted personally as Counsel for the Crown in the trial before the Land Court page 8 at Otaki. I had also information from Dr. Buller himself, and from other authentic sources.

Q. Who made the promise of £500?

A. It was made specifically by Dr. Featherston as Superintendent of the Province, not as Land Purchase Commissioner, but as Superintendent of the Province. There is evidence of that in this document (the printed statement put in by Dr. Buller). The claims of Dr. Buller were brought before the Provincial Council after Dr. Featherston ceased to be Superintendent, or while he was absent in England. The matter was postponed, but the claim appears to have been recognised by the Provincial Executive. I may say in general terms, referring to contents of the printed statement before mentioned, that except as to what occurred in the Provincial Council, I entirely confirm every word contained in it.

Q. Yes, but before there can be any legal claim against the Provincial Government it must be concurred in by the Council. Was that done?

A. Possibly Dr. Buller's claim would break down if taken on a legal basis. I look upon the claim in an equitable point of view. It was acknowledged on all sides in the Council that Dr. Buller had such a claim.

Q. Mr. Richmond.—It was never put upon the Provincial Estimates?

A. Yes, it was, and all the provincial authorities, the Provincial Secretary, the Provincial Treasurer, and Solicitor in the Council—they all admitted the merits of the claim, though it was not convenient at that moment to settle the matter, and it was virtually put off to a more convenient season.

Q. The Chairman.—When was this promise made?

A. Before Dr. Buller entered upon his duties, when he was transferred from the Resident Magistracy of Wanganui to the office he held under Dr. Featherston—from an easy position to an arduous one. * * *

Q. What was the reason he had not got this money paid as had been promised?

A. For this reason; the purchase could not be said to be completed with certainty till well on in 1869. At that time Dr. Featherston was employed by the General Government on a mission to Melbourne, and on his return from Melbourne he was sent to England. Then he returned and was soon after appointed Agent-General. The last page 9 occasion I recollect of his acting in reference to the Manawatu purchase was when a decision of the Land Court had been given in his favour in 1869, and he then sent up surveyors to lay off the reserves made for the natives. Immediately after that he left for England. * * *

Q. What was the reason the vote was struck out?

A. It was lost by one vote.

Q. That motion was rejected?

A. Yes, but on grounds which did not in the least affect the claim. The members of the Provincial Government all spoke in favour of the claim in the debate in the Council. You will find that the whole of the expressions of opinion were in favour of the substantial merits of the claim. * * *

Q. The Hon. Mr. Gisborne made a very serious charge against Dr. Buller—in fact of cheating?

A. Against which Dr. Buller completely vindicated himself. Dr. Buller was for seventeen years in the public service, and had worked laboriously during that time. He had for seventeen years worked in various capacities as Clerk, Resident Magistrate, Land Commissioner, &c. He had never more than two months leave of absence in seventeen years, but he was entitled to a long leave of absence according to the rules of the service. It was simply what he was entitled to after such service, and had nothing to do with the Manawatu purchase. I know that when he went home objection was taken to his earning money as Dr. Featherston's secretary while he was on leave, and the matter was talked about, and his qualifying for the Bar was also remarked upon. But he might, during his leave, have gone on the Continent or amused himself in any way he liked. He chose, however, to be industrious, and rendered good services to Dr. Featherston in return for the salary he received. I repeat, that neither his leave of absence, nor his salary as secretary to Dr. Featherston in England, had anything to do with the Manawatu purchase, and were in no respect given as a reward for his negotiating it. * * *

Q. Was Dr. Buller to have the £500 whether the Government could produce any title or not?

A. Of course it was implied that a good title would be obtained.

Q. Did he get the signatures?

A. The block under negotiation, included about 250,000 acres of land. The title was vested in five tribes resident at and about the block, and as far as Hawke's Bay and Wanganui river. There were page 10 four of the tribes agreeable, and a small part of one hostile. Dr. Buller negociated with the whole of these tribes. He obtained the signatures of one thousand seven hundred odd of the members of those tribes, and obtained a complete transfer of their interest in the land; that is, so far as the four tribes and a large part of the fifth were concerned. There were about sixty dissentients of one tribe who said, we have an interest in this land and we won't sell it to you at all. The interest in the land stated by them was, that nearly the whole block belonged to them, and the other four tribes had no interest in it at all. The matter was referred to the Land Court, with three judges and native assessors. The Court sat nearly fifty days at Otaki, Counsel being heard on both sides. I was Counsel myself for the Crown, and the Court entirely confirmed Dr. Buller's purchase from the tribes. The Court, at the same time, recognised the right of the sixty dissentients to some interest in the land—an indefinite interest. The Court entirely confirmed the right and ownership of the 1700 men and women whose signatures Dr. Buller had obtained, and decided that the other sixty had only obtained the land they held there by gift, and on sufferance from those from whom Dr. Buller had purchased. The quantity of land to which each was entitled, was not decided by that action at Otaki. The sixty were acting under the instigation of what is commonly called a Pakeha-Maori, who made successful efforts for a re-hearing; which they obtained. Two new judges were appointed, and also new assessors, to both of which the then Government (Mr. Stafford's) agreed. The re-hearing took place before Judge Maning and Chief Judge Fenton, and fresh assessors. The Court sat in Wellington, and they again sat for nearly fifty days. The matter was thoroughly sifted again, and the substantial result that they had no title was in favour of Dr. Buller's purchase, confirming it and limiting the rights of the sixty dissentients to 6,000 acres only out of the 250,000, so that Dr. Buller's purchase of the block turned out exactly what he had always asserted, that he had bought the whole block, minus the interest of those sixty people. He had got 244,000 acres out of 250,000 acres, and the claims of the dissentients were limited to the small portion mentioned. * * *