GREY DISTRICT COURT.

Greymouth Evening Star, Volume XXXI, 20 February 1901, Page 4

GREY DISTRICT COURT.

Tuusday, Fsb. 19,

[Before His Honor, Judge Ward.]

George Lawson called; IJrecollect that the first prospecting was done in Jane by Williams. Winslow, Mordant, my two brothers, once myself. We only sank one shaft to the bottom the result being fairly good gold. It was payable. Two or three shafts were sunk but not bottomed. Never saw anybody salt the ground. My brother and I sank a shaft, but only dish prospected it. Judging it went about Idwt to the load. In June, Flemming did some prospecting on the creek. I was present at the sinking of two shafts. I saw no salting done. They used the engine from our sawmill to pump the water out of the shaft. I only did one lot of prospecting on the Extended in May. William was not there. We only got a few fine colors when trying by dishes going down. I gave the gold to Tansey, Did not do any more prospecting on either claim. I was not on the claim when any other prospecting was done, and did not know when any other was being done. Been at the Blackwater for many years. I paid Mordant on the Saturday 22nd. Judge started on the 14th. William was working with me on Monday and Tuesday. He was not at work on the Wednesday. He showed mo a telegram he got that night. He could not have been at Grey mouth on Tuesday. Swear on my oath that I never salted the claim.

By Hannan —I remember prospecting before May. (Mr Hannan read his report in the prospectus.) I did not write the report. I signed it. There was one piece of gold that had a hole in it, I d'-d not believe the tests genuine because of the above circumstances. I saw the piece of gold that was panned off in a dish previously in a box near the creek. I am certain Wil iams was there, Winslow and M. Lawson and myself. We told Mcllroy the result. I told him it averaged about 10 grains to the load. I said no more coarse gold. I was at the claim when they got the coarse gold, referred to in the report. Bryne wrote the report and then read it to me and I then signed

p, Tao gold obtained was sent to Dunedin. 'Williams want to Christchurch in August and returned aboutthe end of that month. We both went to Christchurch during the carnival week. In August I sold ray shares out in the Foley’s Creek. I was going to sell 25 shares to Pring for ;£25, but he could not raise the money. 75 shares was the most I ever sold at once. Tansy sold some for us. On the 7th of the month I sold all my interests to my wife, in order to get money to carry his case through. I did not know that an action was pending. The gold came out of the box in Foley’s Extended. Williams was not with us at the prospecting of the Extended claim. By Guinness —It is the simo Mr Williams, that prospected, that gave evidence yesterday. Byrne drew the report up and I signed it. I have received summons for a civil action in the District Court. Win. Lawson —I am a bushman at the Blackwatir, In wet weather I used to gold mine in that district. 1 worked with a box, and the gold so obtained was made a present to my wife. I went to Christchurch in August, ray business being to buy horses. The gold I got I took with me in case I ran short of money. I had no need for it, so I brought it lack. I handed -£75 to Mr Hancan as security to bail my brother-in-law out of jail. When I came up I had £l2 and had to raise the other by selling the gold at the Bank of New Zealand. I had the bottle of gol 1 with me at Mr Klenen’s house. I visited Christchurch again in November, and gave Mr Klenen sdwts of gold for Mrs Klenen. The gold produced is like that, that I gave him. I bought the gold from the Union Bank, Grcymouth on Scptem her 19th 1900. I never was in the Bank on the 18th of September. 1 had not been in the bank for twelve months previously. I did not give my name as “ Mark, Kumara,” at the Bank on the 18ch; besides I was never there; I have never sold a grain of gold, in my life to the Union Bank. When I wont into the Union Bank, Mr Ward said “ Good Day,” and I said the same. Then I said, 11 Could you oblige me by sellirg me a Hide gold,” and he said “Certainly, about how much?” I said I wanted about ill worth of nice and

coarse specks, and that I wanted "it fjr a present. Ward brought out a tray of gold , and said “ Would you like that,” I said “It was too dull.” Then I decided on other gold and he wrapped it up in a piece of paper. Ward never made any remark to me. I was at the Blackwater all day on Tuesday. When I got home that day a telegram was waiting for me. In consequence I went to Greymouth next day. On Tuesday my brother, George Lawson, went out with mo. I met my sister on the road. My brother George was working with me all day. My brother, Ben, started on Monday. Judge started on Friday. I did some prospecting at Foley’s Creek, aoout a year ago. The party consisted of: —Williams, Winslow, Morgan and Lawsons (2). We sank a shaft and cut into the hi 1, that was on the Foley’s Creek claim. Fromjboth dishes ynd boxes the prospects were good. Williams and Lawson (2) sank another shaft, and got good gold. Next day William? and G. Lawson sank a shaft and got good gold. It was finer than the other. Did not see see anybody salting the shaft. The next prospecting was clone under F.eming. It was commenced at the beginning of May. The party consisted of Fleming, Lawson (2) and Pring. This was in the first shaft. I think the ground was payable. When the shafts were bottomed, Winslow came and prospected. One shaft sunk yielded no geld, and another shaft was sunk, but I was not present all the time. That ended prospecting for that period. I did not see, nor die! I do any salting of the claim, That is all the prospecting I have ever done on the Foley’s Creek. When my brother got the contract tor sinking, I was at Woodstock. I have never been on the claim while any other prospecting was going on. The summons js produced are the ones I was sen ed with. They claim the recovery of £854. 13v Murdock : The reason why Pring came lo work was because Tanscy and MTlroy asked me to bring him down. They authorised me to engage him to sink two shafts. I have never given him gold or shares for work done for mo.

By Hannan ; T gave the gold back to my wife on September 7tli, but got it back the same day. I arrived at Greymoutli in the morning. I do not recollect "oing to Moss’s oillce. 1 sold the (,old° before lunch for £4. It was necessary for me to sell the gold in order to make up the money. Mrs Bourke told me in Kumara that I had better get the money, because they might not accept a relation as security. I did not think, when I handed my wife the gold, that I was short. I will not swear that there were any notes under five, in the £175. Mr M'llroy besides being a storekeeper is a gold-buyer. There is also a branch of the Bank of New Zealand there. I would not buy gold off Mr M Hroy as I am in debt to him. The reason I did not go to the Bank of New Zealand* in Kumara was because it was only open when I was away at work. Ward never addressed me as “ Marks.” X am not ashamed to carry my own name. Perhaps a man named Marks sold gold to him one day and the next day when I went in mistook me for the other man. I transferred to my wife horses, drays, harness, etc., to raise money for the case.

This was the day after I was committed for trial. I have other property, vizmining shares. Mcllroy sent for me, and told me if there was a big swindle he would advance money to me rather than see me in this position. 1 told him all the tests were genuine.

Edward Bring, sworn —I am a laborer residing at Greymouth. I had no interest in the Foley’s Creek or the Extended claims. I was engaged by Mr Fleming to do some We sank two shafts and bottomed. We got good prospects out of the first shaft. In the morning the shaft, which had been sunk the previous day, was full of water. It was pumped out, and Fleming and Winslow then jumped in and got a dish and prospected it. They got a fair result. The second shaft yielded nothing. I never did myself, nor did I see anybody else salt the wash. Afterwards T. Barrett and I put down two shafts in the Foley’s Creek claim. The Lawsons were not about. We thought the gold payable. That was all the work done on that occasion. The dirt out of one shaft was left for a week without being washed. I believed the gold came out of the ground. Wo also put down two shafts on the Foley’s Extended, Result -—a few colours. W. Lawson was then at Woodstock. I went to Knmara on September 19th. When I got there, there was a slight breeze, as I thought I should have got an extra shilling a day. However, I was persuaded to go and I commenced work on Thursday. Carlsson did not come to work on Monday, a man, O’Grady, taking his place. The result of the second shaft was lair. There was better gold in the box compared with the dishes. It was better than I expected. I was paid for four days’ work. The Lawsons wore to give me 25 shares for £1 each, but I could not afford it. I did not tell Byrne or MTlroy that the Lawsons had promised me shares.

By Mr Hannan —I arrived in Kumara on the night of the 21st. I will not swear that I worked on Thursday. lam satisfied that Carlsson’s shaft took two days to finish. I left Kumara for Grey at 530 p.m. on Tuesday. To my knowledge nobody went out on Tuesday. I only got colors in my prospecting with Carlsson. There was only one in which I got a decent prospect. Carlsson and 1 rode out to the work.

This concluded the case for the prosecution.

Mr Hannan asked His Honor to allow him to call Mr A. C. Broad to contradict the evidence of Klenen.

Alfred Broad, sworn, said —My business has caused me to come over to the Coast very often. At Castle Hill, Klenen changed Ids seat and sat between Cole and myself. Mr Cole knew him. I knew when he sat down that he was a witness for the defence. After the subject had cropped up I said “Hang them.” He said he knew very little about it and would be very immaterial. He said that Lawson a few months before the last Show had been to Belfast and purchased two horses from him. He (Klenen) said he was a very nice fellow. When at Belfast he showed his wife some gold and she expressed a wish to get some. Lawson promised to bring some next trip, but he did not see Lawson and he did not get any gold nor did his wife. If Lawson had the gold he did not get it. He told me further that lie got a subpeend and t’o and that he was going to Kumara.

By Guinness—l have a great interest in mining. Mr Guinness : How much ? Witness: Tha.’snot your business, Guinness : Is it thousands ? Witness ; Yes. Guinness: That will do. His Honor ; I think we had better adjourn. Foreman of Jury : These seats are hard and uncomfortable, and besides if we were to consider our verdict w) might get locked up for the night (laughter.) Mr. Benyon : Your Honor I have been hero for four days now, having been aubpeened by the counsel for defence, and the case for defence is now closed and I have never been called. Who is to pay ray expenses. I have a paper at Kumara and it has been neglected during that time. I think that I was subproned because I refused to leave the Kumara Bench when ordered. His Honor ; I am very sorry for you, Mr Murdock : This is the man who when he mot me in the Kumara street challenged me to fight a duel “ sword to sword or pis ol to pistol,” and I don’t think he can get bis expenses. Benyon: Murdoch has got the money locked away in his safe. Ido not know what made them subpeena me. Hannnan : Perhaps it was because you challenged him to a duel. The Court then adjourned till 10 a m to-day. (Continued on page 3.)