1869 - McDonnell, Thomas. An Explanation of the Principal Causes which led to the Present War on the West Coast of New Zealand. - Chapter V. The Pokaikai Commission, p 23-30

       
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  1869 - McDonnell, Thomas. An Explanation of the Principal Causes which led to the Present War on the West Coast of New Zealand. - Chapter V. The Pokaikai Commission, p 23-30
 
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CHAPTER V. THE POKAIKAI COMMISSION.

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CHAPTER V.

THE POKAIKAI COMMISSION.

The cause of the attack upon the village of Pokaikai, the result, and the appointment of a Commission of Inquiry, may be briefly told.

The Ngatiruanui tribe in general have always resisted the influences of civilisation, and remained pre-eminently savage and hostile to our government. The localities occupied by them have ever been the refuge of the vilest malcontents from all parts of the surrounding country. Each village contains a number of fighting men, trained from their earliest childhood to bush fighting, ambuscades, the murder of European settlers, and the plunder of their property.

The Tangahoe hapu of this tribe occupied the village of Pokaikai and their leading chiefs were Aperahama, Tito Te Hanataua, Tukino and others.

Those chiefs and their followers were amongst the ablest and most determined men that had fought against General Chute upon the West Coast. They were amongst the first to attack and drive in the surveyors after I assumed the command, and laid several ambuscades to murder me, the most daring of which was that laid by those men a short time before my attack on Pokaikai. On my way from Waingongoro to Patea, accompanied by Messrs. Carrington, Percy Smith, Sergeant Gilling, two troopers, and the Chief Wirehana, we were fired upon by about twenty of them at forty yards distance. I allowed them to continue their attacks and depredations for some weeks after that, but finding forbearance and remonstrance of no use, warned them of my intention to attack their village, which I did on the night of the 1st August, 1866. We

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were fired upon from a whare on the right, but after a short attack during which five of the enemy were killed, we captured a few prisoners and returned to Waihi.

The result of that attack was that shortly afterwards these people came in and made peace. For some time settlement was progressing favourably, and might continue to do so had not Mr. Parris returned to the district, held a meeting with the natives, heard all they had to say, and without either myself or any of my officers being questioned upon the subject, reported to the Government. From that and similar reports, resulted the Pokaikai Commission.

The Commissioners were not instructed to inquire into the reason why I attacked Pokaikai: Mr. Parris knew better than to go into that part of the subject, but contented himself as prosecutor, to rely upon a vague charge of "certain atrocities" having been perpetrated, but what those "atrocities" were, or by whom committed, did not appear upon the notice which I received to appear before the Commissioners, and therefore I had only to watch proceedings during the examination of the very chiefs and leading men whom I had compelled to surrender, and who were the principal witnesses, to find out from their evidence what "atrocities" were being trumped up, or whether it was myself, or some of my officers or men who would be accused!

This may appear incredible, therefore I here insert the following correspondence:--

"Office of the Pokaikai Commission,

Wellington, 9th March, 1868.

SIR--I have the honor to inform you that the Commissioners appointed by his Excellency the Governor, to conduct the enquiry into certain alleged acts of cruelty, stated to have been committed in the attack upon Pokaikai in August 1866, purpose arriving at Patea on or about the 13th instant.

The Commissioners request that you will attend with such witnesses and documents as you may deem necessary.

The witnesses who will be examined in the first instance will be:--

Mr. Robert Parris

Wi Hukanui, of Kawai

Tito Te Hanataua, Matangara

Aperaniko, of Wanganui.

I have the honor, &c.,

(Signed) J. CRACROFT WILSON, C.B., Chairman.

Lieut.-Colonel McDonnell,

Commanding at Patea.

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[REPLY.]

"Wanganui, March 14th, 1868.

SIR--I have the honor to acknowledge the receipt of your letter No. 5, of the 9th instant, informing me that the Commissioners appointed by his Excellency the Governor, to conduct the enquiry into certain alleged cruelty stated to have been committed in the attack upon Pokaikai, in August, 1866, purpose proceeding to Patea and requesting me to attend with such witnesses as I may deem necessary. Your letter does not express what alleged acts of cruelty are stated to have been committed, nor does it state into whose conduct the investigation is to take place. But from the fact that I am asked to attend with such witnesses and documents, I presume it is my own. Of course, I am only too willing to give every information in this matter, at the same time, it is most unfortunate that I was not informed before the receipt of your letter, under reply of the Commission having been appointed, as my principal witnesses are distributed all over the islands.

"Those I require to substantiate my defence, if such is necessary, are Captain E. Dawson, 2nd Bat. 18th Regt., R. I., at present in Auckland; D.A.C.G. Innes also in Auckland; Captain McDonnell, and Lieutenant Wirihana, (late N.C.,) who have lately gone to the Hot Springs, near Taupo, where they are likely to remain for some time. Lieutenant Gudgeon, (late N.C.), now in Wanganui, Mr. Thos. Wilson, (late Captain T.M.S., now in Canterbury; Captain Newlands, in command of detachment of Armed Constabulary, Taranaki; Captain Aperaniko, (late N.C.), at London, up the Wanganui river; Arapeta, (late N.C.,) and his wife, Mohi, and a woman named Martha, who is now living at Matangangara; the last are the only three witnesses I can procure without the necessary summonses.

"In conclusion, so many of my witnesses being away, I feel it may appear to the Commission that I am trying to throw difficulties in their way, but I can assure them that they are absolutely required to substantiate important points in the defence.

"I have the honor, &c.,

(Signed) THOS. McDONNELL,

Lieut.-Colonel Commanding Colonial Forces, Patea District.

J. Cracroft Wilson, Esq., C.B.,

Chairman Pokaikai Commission.


The Commission was opened on the 18th March, 1868, by Cracroft Wilson, Esq., C.B., as Chairman; Mr. Robert Parris, Civil Commissioner, appeared as prosecutor, and had all his native friends present as witnesses. During the investigation, the only act of "cruelty" went to show that a volunteer named Bezar, had, during or after the attack, attempted to drag a shark's tooth ornament out of the ear of a native woman. It subsequently turned

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out that although the attempt was made (of course without my knowledge,) the ornament was not taken, but the following evidence of Sub-Inspector Newland will explain the affair:--

By the Court--"My attention was called to Martha, hearing her slightly screaming. I went up to her and saw a man named Bezar, trying to pull an ornament out of her ear; I laid hold of him and threatened to knock his brains out if he did not leave her alone, and told him that none but a coward would touch a woman. I then made a prisoner of him."

By the Commission--"The ornament was not taken out. I could not see whether her ear was injured or not, as it was night. Bezar certainly was not trying to cut it out."

By Lieut.-Colonel McDonnell--"The instructions you gave on that night were to take the village quietly, and take the natives prisoners; not to fire a shot if possible. The prisoners were treated with every kindness. The attack on Pokaikai had this effect on the natives--that they surrendered shortly afterwards."

Another witness sworn said:--

"I know Martha; she was made a prisoner on the night of the attack; one of the officers took charge of her; a man named Bezar attempted to pull an ornament from her ear: Captain Newland told him that no one but a coward would attempt such a thing, and immediately made him a prisoner; I do not think that the ornament was pulled from the ear, though he tried violently to do so; he did not belong to the force, but was a private servant of Dr. Walker's; he did not receive either pay or rations; he was in attendance on his master, and had a rifle given to him for his own protection; I did not see Martha, but was standing close by, and heard Bezar complain loudly of being placed under arrest, urging that he had not taken the ornament; I saw her the next morning; I cannot say whether her ear was torn; I never heard of it till now.

To show the absurdity of appointing a Commission of Inquiry to investigate this improper conduct of Bezar's, for which I had punished him, I may here mention that before the Commissioners had closed their proceedings, the woman Martha, in a most friendly manner, placed in my hands the shark's tooth ornament, which the man Bezar was said to have taken from her, and it is still in my possession!

On the 23rd March, the Commissioners met at Patea, when Samuel Walker, Esq., Surgeon to the Force, and present at the attack upon Pokaikai, gave evidence regarding the character of a certain private named Grey Spencer, who had, it appears, given "certain information," which principally led to Mr. Parris being able to get up this

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Commission of Enquiry. Of this Grey Spencer, Dr. Walker on oath said:--

"I know Grey Spencer; he was present at the attack, but certainly was not sober; he was hospital orderly for a short time, but I dismissed him because I caught him taking brandy, part of the medical comforts; I certainly do not think him a truthful character."

The Commissioners adjourned to Wanganui, where they met on the 24th March, and the first witness examined, Samuel Austin, Quarter-master Sergeant in the Native Contingent, also said on oath, regarding this man Spencer:--

"I know a man named Grey Spencer, who served with the Native Contingent; he held the position, I considered, of a Volunteer private in the corps; he called himself an officer, and used to say he had been a Major in the East India Co's service, that Colonel Haultain had appointed him to the Contingent with the same rank that he had held in the Indian army. I can state from personal experience that he was both a liar and a rogue. Whenever he could get liquor he was drunk, and when he could not get it honestly he would steal it; I had charge of the rum for the use of the contingent, and when I drew the supply from the Commissariat store, I had to watch it to prevent him taking it; I caught him taking it several times."

The man Spencer, was not produced as a witness by Mr. Parris, and I only mention him to show that it was principally upon information communicated by him to Mr. George Graham, and the statements of the interested Pokaikai Chiefs taken by Mr. Parris in my absence, that led to the appointment of the Commission, the frustration of my plans and the recommencement of hostilities.

The last day that the Commissioners sat at Matangurara, Mr. Parris, having failed to prove even so much as that Dr. Walker's servant, a man of whom I knew nothing, had snatched a shark's tooth out of Martha's ear, suddenly left the Commissioner's tent, hurriedly talked to his native friends, mounted his horse, and took his departure tor New Plymouth, leaving myself or anybody else to conduct the prosecution. He left behind him, however, an impression upon the minds of the disaffected natives that my hands were tied, and that I would not in future be allowed to molest them. From that day my hands were tied, but I still tried to show that outrages committed upon the settlers would be punished, and the settlement of the district proceeded with.

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The Commissioners returned to Wanganui, and on the 24th March resumed the enquiry without a prosecutor, but elicited nothing of importance that has not been stated. At the conclusion, the Court adjourned, to reassemble at Wellington a fortnight previous to the then approaching session of parliament, to take the evidence of witnesses for the defence.

That, it appears, was not considered expedient, and the Commissioners were obliged to send in their report without having examined the witnesses for the defence!

In August, 1868, a full report of the evidence taken by the Commissioners, was submitted to Parliament, from which I take the following, being


THE COMMISSIONERS REPORT.

1. That Lieut--Colonel McDonnell was ordered by the Defence Minister, in a letter, dated Wellington, 28th June, 1866, to collect the whole of the Colonial Forces in the district, at Patea or Waingongoro, and thence make such arrangements as he thought necessary for scouring the country, and for establishing two posts, one at Ketemarae, and the other further south, in the direction of Manutahi, where redoubts were directed to be thrown up.

2. That in consequence of these orders Lieutenant-Colonel McDonnell did, up to the 1st August, 1866, exert himself to induce the different hapus of the Ngatiruanui tribe to come in and surrender.

3. That Lieutenant-Colonel McDonnell went to Kauae, and there had an interview with Natanahira Ngahina, chief of the Tangahoe hapu of the Natiruanui tribe.

4. That Natanahira did promise to proceed the next morning to Lieutenant-Colonel McDonnell's camp at Waingongoro, distant only five miles from Kauae, and there having made his submission, to proceed to Wellington to see the Governor.

5. That Natanahira instead of keeping his promise, induced thereto by some natives then present at Kauae, proceeded to Taranaki, a distance of sixty-five miles, to visit Mr. Parris.

6. That on the 31st July, 1866, Rangiamohia, the wife of Arapata, a private in the Native Contingent, was sent as a last resource--apparently at her own suggestion, she being related to the Tangahoe hapu, on her mother's side--by Lieutenant-Colonel McDonnell to Taiporohenui and Pokaikai to endeavour to induce the Tangahoe people to come in and surrender.

7. That Rangiamohia returned to the camp at Manawapo the same evening, and reported that she had been made to pay the Hau-hau toll and otherwise alarmed.

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8. That the force would have started at once for Pokaikai, had not the heavy rain prevented the force moving from camp.

9. That the force did march at ten o'clock on the night of the 1st August, and that Pokaikai was attacked about one o'clock on the morning of the 2nd August.

10. That no wanton outrage was committed by any enrolled member of the force.

11. That medical aid was afforded to the only person wounded, and that the women and children who were taken prisoners were kindly treated.

12. And that the results of the attack upon Pokaikai, were the almost immediate surrender of the Tangahoe and Pakakohi hapus of the Ngatiruanui tribe, and the subsequent peace and order which prevailed for almost two years, until Titoko Waru of the Ngaruahine hapu of the Ngatiruanui tribe, commenced creating disturbances almost immediately after the close of this enquiry, which was conducted principally in the village of Matangarara, in the latter end of March, 1868.

J. CRACROFT WILSON, Chairman.

J. CARGILL, Member.

I protest against this report.

GEORGE GRAHAM, Member.

Wellington, 14th August, 1868.


On reading that report in the newspapers I at once addressed the following letter to the Hon. the Defence Minister:--

"Head Quarters, Patea,

August 20th, 1868.

To the Hon. T. Haultain,

Defence Minister, Wellington.

SIR--I have read with astonishment in the public papers that the proceedings of the Pokaikai Commissioners had been submitted to Parliament before the evidence for the defence had been taken, and that a report, based upon those ex parte proceedings has been signed by only two of the three Commissioners, the third objecting.

I now, Sir, on behalf of myself, and the brave men who fought under me at the attack upon and capture of Pokaikai, request that the Commissioners may be instructed to meet and take evidence for the defence; and that myself and my witnesses shall have due notice and sufficient time given us to be in attendance. To prevent the possibility of mistake the following are the witnesses whom I wish to be summoned and in attendance:--

[The names as on page 25.]

"I regret the necessity which compels me, in defence of myself and and the men who served under me, to be compelled to ask that which I think the Government, on our behalf, should have insisted upon; namely, that the proceedings of

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the Commissioners should not be placed before parliament until the evidence for the defence was taken.

"In closing these remarks I beg to express my sincere thanks to Cracroft Wilson, Esq., C.B., and Colonel Cargill, for the courtesy and impartiality with which they conducted the proceedings, but at the same time respectfully and firmly hold that they should have been allowed to take the evidence for the defence. Until that has been done, I do not think that in justice to myself, and the men who served under me at the capture of Pokaikai, I would be justified in submitting to the proceedings of the Commissioners being placed upon the Records of the House of Representatives without the evidence for the defence, unless this my protest against it be also placed upon record.

"Under these circumstances, I have to request that you will be pleased to submit this letter for the consideration of His Excellency the Governor in Council, and advise me on their decision thereon.

"I have the honor, &c.,

THOS. McDONNELL,

Lieut.-Colonel Commanding, &c.,

To that letter I received no reply, and thus evidence which certain parties did not wish to make public was not taken.


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