MINING INTELLIGENCE.

Lake Wakatip Mail, Issue 225, 24 June 1865, Page 3

MINING INTELLIGENCE.

We are glad to be able to report a continuance of the improvement that was just taking place at the date of our last weekly summary. This is entirely owing to the change of the weather, which, with the exception of one night's rain, has been one of hard frosts. The escort Laving here on Monday, will show a considerable increase upon the two previous ones. Mining labor has been very scarce, and on the Shotover the greatest difficulty has been met in securing hands to take advantage of the weather. The rate of wages paid has been 20s per diem, but the demand, it must be remembered is liable to be checked at a day's notice if the weather should set in mild and moist. Very cheering accounts reach us from the reefs at Skipper's, and the excitement regarding the application for a 15 acre lease at Skipper's has not d : ed away, but on the other hand become more confirmed. A correspondent writing from that place, says:— "I an happy to inform you that the Scandinavian or" Prospecting Company have struck very good stone. I have seen some of it and it is very rich indeed, and the reefers are in good spirits at their bright prospects. Their machinery has arrived at Invercargill, but they are at a loss to know how to get it transported to Skipper's, as the track is in such a bad condition. 44 The late hard frost has somewhat interfered with terrace sluicing, and consequently the returns are not so large as formerly. The Aylmer Race Company washed up on Thursday with good results. The other parties are busy at work, and seem satisfied under present circumstances. Ferguson and party are going a-head in Skipper's Creek, and, I trust, will meet the reward they deserve. ** Things are looking much better on the river. Carr and party, late Barrett's claim, have completed their alterations, and are now paddocking. It is expected they will bottom this week. The Inglewood claim is turning out well—the first paddock last Monday gave the handsome return of 118 ounces, another on Wednesday gave 36 ounces, and they are taking off another which looks equally as well." . We also learn that the run of gold in this claim is now about fifty feet wide. We are glad to announce that that very persevering co-operative association, the New Channel Company have struck excellent gold, and that the prospects before them are very encouraging. They really deserve in every sense of the word all the success they may meet. At Butcher's Point the Frenchman's Claim has been turning out equally as well as last week. They have had some splendid returns and out of one paddock obtained a prospect of 8 ozs. of coarse gold to the tin dish. The Alabama Claim, and Paddy from Ireland's party at the same place, expect to bottom next week pretty heavy upon "the metal." The Criterion, at Sutherlands Beach, are working rather indifferent ground at present, but as they are taking all before them, this must be expected at times. At the junction of Moke Creek and the Shotover, very rich returns have been obtained. Blundell and party are upon " pile gold. They have stuck at this ground for nearly two years, for the chance of working it, and are now showing that their judgment is correct The Frenchman's and the Bell Rock Company are also washing heavy returns. The Ariel Company (sluicing) wash up today for the first time, and give an evening party to which they have invited numerous friends, intending to celebrate their success in quite a pleasant manner, at Hazeel's Commercial Hotel. At Arthur's Point things are quiet Thompson's party have been unable to make good use of their time on account of their race having given way, but are in hopes of setting in in good earnest to-day. On the Big Beach all hands are hard at work. The river has been successfully turned after about five months work and answers admirably. Of the Lake diggings, the Twelve-mile maintains its way. The ground tunnelled into so far has turned out rich. It is a pity to see so much ground of such excellent quality vacant here, as there is room for some hundred*. At the Nokomai some of the claims have been doing very weU lately. Moke Creek presents no remarkable features to report upon this week.

According to the Mount Benger correspondent of the ■ Tnapekaßecorder,' the people of that district are in a state of excitement at some sacred removal of Mr Warden Simpson, for he says:—"From the pecnliar style of conduct porsned towards Mount Benger by the Government, the people of that district are quite right in the motto they have adopted, viz. j«Unto him that HATH shall be given, and he shall have an abundance; and from him that hath not, shall be taken even that which he hath.' lhe goldreceiver has been withdrawn,-giving the Warden folly six times as much work as any one man ought to be asked to get through; and yet it is rumored hb is also to go. Should such be attempted, it will assuredly lead to some very atrong public demonstration, and it is to be hoped that the Government will think twice before it eommits itself to so rash a proceeding.

R. M. COURT, QUEENSTOWN. Jane 24. (Before R Beetham, Esq., R.M.) Concealment of Bibth. Catherine Lyons, who had been brought up to Queenstown from the Nokomai by Constable Gorman for medical examination, was placed before the Bench. The prisoner had been arrested under a charge of concealing the birth of a child. The evidence of Dr Evison was taken, and went to prove that the prisoner had recently been delivered of a child. In reply to a question put to this witness by the prisoner, he said the child would have been at least six months old. The prisoner was remanded to the Nokomai, and the depositions ordered to be forwarded to that place. Assault. —William Cranston was brought up in custody of Constable Fleming, of Arthur's Point, to answer a charge of an assault at that place upon Duncan M'Ewen. The prosecutor did not appear when called upon. Constable Fleming, in applying for a remand, stated that he had his attention attracted by cries of murder, and that he saw on the opposit3 side of the river (the west township) the prisoner assault M'Ewan. On arriving at the spot he found M'Ewan much beaten and cut, and he gave prisoner into his charge for assault and came over and signed the charge sheet. He could not account for the absence of the prosecutor. The cause of the assault, he believed, was through the prosecutor's wife having had some connection with the prisoner. Mr Beetham—The prosecutor should have been present, as he had not appeared he must discharge the prisoner. The accused, who had conducted himself with some levity smirking and leering at some acquaintances in Court, left the Court with a jaunty manner. Cattle Trespass.—Stephen Luff appeared to answer an information laid by Thos. L. Shepherd, charging him with allowing his cattle to trespass upon the plaintiff's ground contrary to the piovisions of the Cattle Trespass Ordinance. The damages claimed were £2O, reduced from £2B to bring the case within the jurisdiction of the Court. i Defendant pleaded not guilty and insufficient fence.

The plaintiff addressed the Court at some length. He contended that the cow nuisance had become intolerable and ruinous, and that he was only one of the sufferers. His garden was situated within the town boundary, and the defendant was also liable under the Act to a penalty of 5s each for allowing his cattle to trespass in any part of the town. Mr Beetham —Or any lesser amount the Bench thinks right. The plaintiff—lt seems to be the idea of owners of cattle that landholders have to fence against them, and that if their cows trespass and destroy property they have only to plead an insufficient fence. It was the interest of a party to put up a good and safe fence in self protection, but that had nothing to do with cattle trespassing. Why, Mr Rees, if he liked, could impound cattle trespassing upon his run and that was unfenced. He held his ground under a legal tenure, and could have driven the defendant's cattle to Waikouaiti, impounded them there, and obtained trespass and mileage fees. He had not done so, but had gone to the defendant and offered to have the damage valued by disinterested parties, and to take jne-half of the amount awarded. After much loss of time he was forced to seek redress in the present form, as the defendant's mate said, " Let it go into Court." Thomas L. Shepherd, sworn, deposed that he held a lease under the Goldfields Regulations of ten acres of ground, within the town boundary at the One-mile Creek, said that his fence wat an average one. The cattle broke in from the Queenstown side, which was fenced in partly by a sod wall and ditch, and the other portion by a thick bush fence. The fence was now partly broken down by cattle. To induce the defendant to come to terms witness fixed the damage at £2O, and to make his share £lO. The colery was then not completely destroyed, and he took that into consideration, but on a day after he found six calves in the garden, who finally destroyed the seven large rows of earthed up celery and growing crops of turnips, potatoes, &c, were destroyed. Took the calves to defendant who owned them. The defendant declined to ask any questions. John Rowell, of M'Conochie and Co., a gardener, deposed to the nature of the fence and considered it a fair one. He was acquainted with Mr Huff's cattle and knew their jumping capabilities. He estimated the damage done at £2B. To defendant—Am certain that your cattle were in more than once. Re-examined—The cattle were frequently trespassing in the month of April while plaintiff was in town. To Bench—The fence was then in a good state, except at the spot broken down. The crops were also in good state. The damage done then was to the turnips. They got in again the second day and ate some more turnips and the oats. Drove them out several times till he found there was nothing left; the last time was about three weeks ago. Wm. M'Conochie deposed to the fence being an average one and fully equal to those on the Frankton Flat. One of defendant's cattle could jump over six feet, and another

cow could force its way through anything. The valuation of £2B was a very low one. The potatoes were partly destroyed, but they had not been valued. Wildridge offered to Mr Huff to keep the cows out for £2 a-week.

To defendant—The cattle went out from the lower part of the garden but got in from the top. The horses destroyed the garden produce also, but they would not eat celery, onions, &c. Saw about twenty cows in one night.

For the defence—Mr Huff, dairyman, deposed that upon being informed that his cows had broken into the garden by Mr Shepherd he sajd he was very sorry, and that he would endeavor to keep them away, and he ordered them to be turned out in a different direction. Listened to the bells at ten o'clock at night and found them right enough on the terrace, but in the morning they would be at Mr Shepherd's garden. The fence was not sufficient to keep out cattle. The cattle walked up steeper places than the side of the ravine or gully, and there was nothing else to keep them out. On the upper side it was only small brush with a little dirt thrown against itto steady those bushes. The stakes were ten to fifteen feet apart, with a pole nailed on at a very great height, so that the cows could easily walk under it. To defendant Natural feed is scarceTwo of my cows were peppered with shot or gravel the other day. You did not do it. To pay £2 a-week for a man to watch them would be more than he made.

John Wijjdrjdge—Frequently saw horses in the garden Mr Ball owned it. Horses do damage by treading down potatoes and other vegetables. Witness would not put a seed into the, ground with such a fence around it. When the garden was offered to him he told Mr Shepherd that he did not consider the fence sufficient.

Robert Mecklin, gardener, deposed that he did not consider the fence around plaintiff's garden a fence at all to keep out cattle. To plaintiff—A good sod fence and ditch is as good as any fence if properly put up. The cost of a three-rail fence would be about £IOO.

Thompson, in the employ of defendant, deposed to seeing horses going in and out of the garden several times. Saw cattle going through the scrub fence. Could not say whether horses or cattle had knocked down the fence. It was not a good fence. Mr Shepherd addressed the Court, contending that he had sought to recover but trifling damages, and cited Addison on Wrongs. The Court postponed their decision.