GREY MAGISTRATE’S COURT.

Greymouth Evening Star, Volume XXXI, 13 February 1901, Page 2

GREY MAGISTRATE’S COURT.

Tuesday Afternoon. [Before R. S, Hawkins, S.M.] Keo Yew, a Chinaman, was charged with stealing from a tail-race at Meehan’s Flat, near Marsden, 15 dwts of gold, valued at £2 18s, being the property of John Martin.

John Martin, continuing his evidence, said lie had a tomahawk with him, but never struck at the Chinaman with it. He was not aware that when lie struck at him with the shovel that he knocked his teeth out. Ho did not take tiie articles out of his pockets at the point of the gun. He could not recollect how old his miner’s right was or when he took it out.

Being pressed upon the question of the miner’s right by Mr Hannan he still maintained his lack of memory upon the point involved, and the Magistrate was somewhat severe in his condemnation of the evasive answers given. Witness ultimately produced a miner’s right from his pocket, which had been taken out the day previous and which he admitted having had to pay £T for m order to get it anti-dated six months.

Charles Gillen gave evidence to tho effect that Martin came to him and complained to him of having his boxes robbed by a Chinaman. He then went to the claim in company with Martin when he found the false bottom taken Out and evidence of water having recently been run down. He saw some blood about, which indicated that a struggle had taken place. He'would not consider the claim an abandoned one. Under cross-examination witness said it was a long time since be saw Martin working in that part of the claim. Martin did generally odd jobs for the County Council. Moss grew down the sides of the wash-paddock. The false bottom looked as if they had boon taken up a long time. The rule is that when a claim is abandoned the false bottoms arc taken up.

For the defence Mr Hannan submitted the accused for examination. The latter stated that he had been a miner and fossicker about the Limestone and Marsden districts for the last 20 years ; that be was prospecting about and came upon this old and abandoned tunnel and water-race over which moss and grass were growing and dirt covered tho decayed branches. He cleared the top stuff away and tried to prospect with a tin disli and then looked round to sec where he could get a little water. Obtaining some from an old dam, bo proceeded to put through some of the dirt lying about and tied up tied up the gold he obtained there in a piece of calico and put it down by the side of the water-race. Just then Martin came over and accused him of robbing his boxes and rushed up to him with his tomahawk, put his hands in his pocket and took out some silver, tobacco and a pocket knife. He struck witness on the face and hands and broke two of his front teeth and cut his lip and cheek with a shovel. Martin then brought a gnu and threatened to shoot witness, and seeing the small calico bag near rhe race snatched it up and went off with it. Witness never attempted to strike Martin, being too frightened to do anything. He started working at the claim at 8 o’clock in the morning and it was about 10 o’clock when Martin put in an appearance. The quantity of gold he got would be about quarter of an ounce. J Under cross-examination, the witness 1 stated that he lived in a hut about two I mile and a-half distant; that the reason “I lie did not inform the Police that Martin ' hod taken the gold from him was because lie had no money to pay for prosecuting. He did not know the English law and was not aware that the police would prosecute free'of cost, lie had once when working near an old race on the road, been told to stop and he had done ,so at once. Tho Magistrate, in dismissing tho information, commented very severely upon the unreliability of Martin’s evidence. His action and evidence in regard to the miner’s right was most discreditable. He bad denied any knowledge of when he had taken out the last miner’s right, and when driven into a corner produeed same from his pocket—a right taken out but tho previous f ay, yet so soiled and dirtied as to make it appear as an old right. The evidence of the Chinaman on the other hand was apparently simple and truthful. In his opinion tho claim was an abandoned one; besides, Martin, not having any minor’s right, was not entitled to any ground. Mr Hannan applied for an order, restoring the gold to his client.

The Inspector of Police stoutly opposed this application. The Magistrate: “ I order the gold to be restored to the accused.”