REPORT OF THE OHINEMURI MINERS’ RIGHTS COMMITTEE.

New Zealand Times, Volume XXX, Issue 4537, 5 October 1875, Page 2

REPORT OF THE OHINEMURI MINERS’ RIGHTS COMMITTEE.

1. The committee appointed to inquii'e into the alleged illegal issue of miners’ rights at Ohinemuri has made very full inquiry into the matters referred to it. The evidence has been taken of various persons likely to be acquainted with circumstances bearing upon the case. The committee has examined on oath Mr. I'M ward Torrens Brissenden, Mr. James Mackay, Mr. Gerald Richard Disney O’llalloran, Mr. Patrick Dillon, Inspector J. B. Thompson, A.C., and Captain Fraser, Warden of the Thames goldfield. Mr. Adam Porter’s evidence has .also been taken in support of two petitions sent by him to the House of Representatives, and referred to this committee. The committee has likewise carefully considered the report of the Royal Commission, appointed on the 10th May, 1875, to inquire into tho alleged illegal issue of miners’ rights at Ohinemuri, as well as the evidence taken before that commission in the province of Auckland, a copy of which has been furnished to the committee.

2. I am directed to report that the Ohiuemuri goldfield was opened by proclamation a few minutes after ton o’clock a.m. of the 3rd March, 1875. 3. That some days prior to the opening, arrangements were made by Mr. Warden Fraser, and Mr. James Mackay, agent at that time for tho General Government, that application for miners’ rights to be exercised on the Ohinemuri goldfield should be received at any time previous to tho date at which the field was to be opened, and that the rights so applied for should bo issued at Mackaytown as soon as possible after tho reading of the proclamation at ten o’clock on the morning of the 3rd March, by which the field was declared to be open, this arrangement being publicly notified in the Thatnes Advertiser.

4. That the arrangements made to secure a fair and impartial issue of miners’ rights appear to have been reasonable and good. 5. That the filling up of the miners’ rights, for which applications had been received, occupied tho evening of the 2nd Match, and until 2 a.m. of the 3rd March.

6. That the greater portion of the rights so filled up remained in tho custody of Captain Fraser until a few minutes before the reading of the proclamation on the 3rd March, when they were given to the persons who were to issue them from the various compartments of the AVarden’s tent.

7. That 155 miners’ rights passed into the possession of Mr. James Mackay on tho night of tho 2nd March, and remained in his possession until 6.30 a.m. of the 3rd March. 8. That these 155 miners’ rights ,were put up in several bundles or parcels, one of which contained fifty-three miners’ rights, for which Mi - . Brissenden had made application. 9. That on tho morning of tho 3rd March, at about 6.30 a.m., Mr. James Mackay handed the whole of tho minora’ rights in his possession to his private clerk, Mr. Gerald Richard Disney O’Halloran, to keep tor him during the time he would bo occupied while he visited certain survey or road parties. 10. That immediately thereafter, on tho departure of Mr. Mackay, Mr. Brissenden (who was present when the rights were given into the charge of Mr. O’Hallorau by Mr. .Mackay), requested Mr. O’Halloran to give him the bundle containing tho rights for which ho had made application ; that Mr. O’Hallorau complied with tho request so made, and gave Mr. Brissenden a bundle supposed to contain fiftythree miners’ rights. 11. That about two hours afterwards Mr. O’Halloran returned tho remainder of the miners’ rights to Mr. Mackay, without informing him that he had given some of the number entrusted to him to Mr. Brissenden. 12. That Mr. Brissenden, in accordance with an arrangement previously entered into with a person named James Smith, handed over at about 7.30 p.m. of the 3rd of March the miners’ rights he had received from Mr. O’Halloran, to a miner named Patrick Dillon, with intention that tho rights should be distributed by Dillon to miners assembled on the

Karangahape spur, which was the centre of attraction of the Ohinemuri goldfield.

13. That Dillon did distribute the miners’ rights which he received from Mr. Brissenden, in the manner intended, before ten o’clock on the morning of the 3rd March. 14. That some, if not all, the rights so distributed were exercised on the Karangahape spur after 10 a.m. on the 3rd March, but before the miners, who were receiving thenrights in a legitimate manner at the Warden’s tent, Mackaytown, could reach the Karangahape spur, and that this premature exercise of miners’ rights prevented Adam Porter and others from acquiring ground which they were desirous of taking up. 15. That in the opinion of this committee, the miners’ rights issued by Gerald Bichard Disney O’Hallorau to Edward Torrens Brissenden at about 6.30 a.m. of the 3rd March were improperly and fraudulently issued by O’Halloran, and received by Brisaenden.

16. That three of the rights, numbered respectively 643, 646, 648, so given by o‘Halloran to Brissenden, were in the name of the said Brissenden, and it would thus appear that he had a direct interest in the fraud committed.

17. That it further appears from evidence taken before the Royal Commission at Auckland, and from the Warden’s books produced before this committee, that several rights in favor of Mr. o‘Hallorau were included in an application made by a person named Robert Cashel, and that some or all of these rights were exercised (and must therefore have been issued) before the proper time. 18. That it is probable that the rights last referred to were given by O’Halloran to Brissenden on the morning of the 3rd March at about 6.30 a.m., but the committee is not able to say with certainty when or how these particular rights were issued. 19. That it does not appear from any evidence before the committee that Mr. James Maokay was a party to the improper issue of miners’ rights, except in so far as the entrusting the rights to his private clerk, O’Halloran, may render him so ; nor does it seem that previous to the appointment of this committee he (Mr. Mackay) had any knowledge of the manner in which the rights came into the possession of miners before the proper time. 20. That with respect to the petitions referred to this committee by the House, signed by Adam Porter and others, I am directed to report that the petitioners have no legal claim against the colony for losses which they may have suffered by reason of the improper issue of miners’ rights, but that nevertheless as a matter of equity, the sum of .£l5O ought to be paid to Adam Porter and Company, to reimburse them for certain legal expenses incurred in an action arising out of the said improper issue of miners’ rights. (Signed) John Bryce, Chairman.