A BIG MINING CASE.

Mount Ida Chronicle, Volume IV, Issue 208, 21 February 1873, Page 1 (Supplement)

A BIG MINING CASE.

From the ' Morning Star.'

At the Lawrence circuit of the Supreme Court, on Tuesday, the trial of the case of Clayton and others v. Morrison and others was commenced before Mr. Justice Chapman and a special jury. Mr. Macassey and Mr. Mouat appeared for the plaintiffs, and Mr. Barton and Mr. Chapman for defendants. The plaintiffs' declaration stated the possession of a goldmining claim on the Blue Spur, known as section 11, block XVIII, Tuapeka East; that the defendants at divers days and times wrongfully removed rock, earth, and soil contiguous and near to the said parcel ot land of plaintiffs, and caused the same to be and remain without any reasonable and sufficient support, whereby the same cracked and slipped down. A second count alleged the continuance of defendants wrongful operations. The third count alleged that defendants, at divers days and times, "wrongfully and without the license of plaintiffs toot away removed and converted to their own use a large quantity of auriferous earth and gold, the property of plaintiffs. Wherefore the plaintiffs claim to recover from defendants the sum of £6,000 ; and the plaintiffs also claim a writ of injunction to restrain defendants from a continuance and repetition of the injuries complained of, and a committal of other injuries of a like kind relating to the same rights. Defendants pleaded a general denial of plaintiffs' allegations ; and also for a further plea to the first and second counts, " that at the times when the defendants are alleged to have committed the grievances complained of, in the first and second counts of the declaration, the plaintiffs so carelessly, negligently, and improperly mined in and upon their goldmining claim that by reason thereof, and without any default or wrong of the defendants, the said injuries complained of were caused ; and as the defendants say the said injuries in the said counts mentioned, were caused and occasioned by said negligent, careless, and improper mining of the plaintiffs, and not by any fault of the defendants, which are the supposed tresspassers in the declaration mentioned." Mr. Macassey, in opening his case, is reported in the ' Tuapeka Times' to have said that in November, 1871, Morrison arranged for the purchase of the claim of Spiers and Co., which adjoined that of plaintiffs. Mr. Adams then made a survey which was submitted to the G-overnment for the purpose of obtaining a new lease. This survey was accepted as final, and the boundaries laid down by it accepted by Morrison, who obtained a lease for the ground included within them. It was asserted that in Eebruary, 1871, owing to a blast of great power fired by defendants, the plaintiffs' ground cracked and became loose, and a quantity of auriferous earth fell into defendants workings, and was appropriated by them. In 1868, Morrison and Co. so interfered with plaintiffs' claim by blasting, that an agreement was entered into between them, whereby the earth brought down was washed and the proceeds equally divided. The effects of the blast of 1871 were plainly visible two days after it was fired. It was not at all denied by defendants, that ground belonging to the plaintiffs had been washed by them; but they alleged it was accidental, and expressed their willingness to pay for any damage they had occasioned. An understanding was arrived at that defendants' operations should be suspended. They were suspended for a time, but in the early part of 1872 were resumed, in consequence of which plaintiffs' claim rapidly subsided. Various proposals were made at repeated intervals, but defendants' operations continued until they were stopped by a writ of injunction from the Court. The damage claimed, £6,000, was a very gross under-estimate. The case is likely to last some days, and counsel agreed to follow the practice adopted in Anderson v. Burke in Dunedin, and increase the jurymen's remuneration.