THE ILLEGAL ISSUE OF MINERS’ RIGHTS AT OHINEMURI.

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

THE ILLEGAL ISSUE OF MINERS’ RIGHTS AT OHINEMURI.

Tho'ovulenco taken before the select committee of the House of Representatives, appointed to inquire into the illegal issue of miners’ rights at Ohinemuri, has been printed. It covers forty-six pages of foolscap, and would occupy too much space in these columns to permit of its being printed in its entirety. But in reality there is little or no necessity for so reprinting, for the history of the transaction is given very clearly by the two principal parties to the affair —Edwin Torrens Brissenden, at the time a Native Band Purchase Commissioner under Government, and Gerald Richard Disney O’Halloran, a clerk to Mr. James Mackay, who conducted the negotiations for opening the Ohinemuri goldfield. It was arranged, and all possible publicity given to the arrangement, that the goldfield was to be opened at ten o’clock on the morning of March 3rd, 1875, by the issue of miners’ rights at that hour to all who had applied and paid for them. There would then be a kind of devil-take-the-hindmost race to peg out claims, no legal pegging out being possible until the pegger was in possession of his miner’s right. Briasenden, after for some time refusing to be sworn before the committee, and after stating that he had been much pained by the manner in which his character had been traduced in connection with the matter, gave evidence that on the night previous to the opening of the field he handed in a list of rights, for which he applied to Mr. Allom, the registrar, and paid £53. He did not remember the names of the men for whom applications for miners’ rights was made by him ; he had never seen them. The rights came into his possession at about 6.30 on the morning of the 3rd, and in explanation of the way in which they came into his possession he handed in the following letter, which was read : August 20, 1875.—Dear sir,—l am informed that the evidence given before Major Keddell, the commissioner appointed to inquire into the irregular issue of miners' rights at Ohinemuri, points to your having improperly taken the rights in question without any authority. I feel bound, therefore, to say that there is no ground for such an imputation. I was at the time acting as clerk to Mr. Mackay, and a number of miners’ rights were in my possession. Knowing that you had paid for about forty, I, at your request, handed to you those I thought you were entitled to.—Yours truly, Gerald O’Hallorail —E. T. Brissenden, Esq., Wellington.” After getting possession of the miners’ rights he took them to the house of one Taipara, a native, and about breakfast time, a person named Dillon, one of the prospectors, came to him and asked him if ho had the rights, to which he replied that he had, and gave them to Dillon, with strict injunctions that they were not to be used before the proper time. Brissenden had slept in the tent with Mr. Mackay and his two clerks, O'Halloran and Crippin, on the night of the 2nd, because it was too late at bedtime for him to go to the place at which he was staying. Mr. Mackay went out in the morning before Brissenden or O’Hallorau got up, and at about 6.30 the former asked the latter for the miner's’ rights and got them. Both deny that there was any private arrangement in the matter. Brissenden merely asked if he could get the miners’ rights, and O’Halloran gave them to him. Upon being asked before the committee why he had not told that when giving evidence before a Royal Commission which had inquired into the matter, Brissenden said he would like to make a little statement regarding that, and did so as follows; —“ It has been thrown out in Auckland, and in other parts of the colony, and I have been hawked about in the papers to a considerable extent during the last three or four months, because I refused to give evidence. All I can say is, that I was waiting in Auckland somewhere about sixteen or eighteen days for money from the Treasury, when Major Keddell, who then held the commission, met me several times in Auckland. I have heard that the Government is said to have refused to allow me to give evidence. I hold a telegram from the Native Minister in reference to my examination before a committee of the Provincial Council of Auckland about land purchasing in the North, telling me by all means to give the fullest evidence. That telegram should do away with the impression that the Government had prevented me from giving evidence. I never showed Sir George Grey that telegram. I went to see him, and waited for three-quarters of an hour, but did not see him, as he was engaged, and afterwards he went to Kawau. Whilst I was waiting on that occasion, I was talking for twenty minutes with Major Keddell. I had been on friendly terms with him for some years, and he held this commission at the time. We had met several times in the streets of Auckland during the sixteen days I was there, and if he wanted to examine me it was surely his place to have summoned me, and not mine to have gone running after him. A few days afterwards I, left town, and went to pay money for some native lands I was then dealing witln I had a meeting of between 500 and 700 natives at Herd’s Point, Hokianga, Major Keddell, Mr. Thompson, and a policeman. I don’t know whether the latter left Auckland with them, but he certainly came to Herd’s Point with them. Came to the Bay of Islands; singled out the Resident Magistrate, Mr. Williams, and induced him to communicate by telegram with Mr. Von Sturmer. The telegram was to this effect: ‘ Have a boat at 12

at night at the Taheke for a mutual friend of ours.’ When I saw this mysterious telegram I said it was Mr. John Webster who was expected. At 2or 3 o’clock in the morning these gentlemen arrived. They closeted theirselves in a room. It was given out that I was to be arrested before 500 or 600 natives. I was certainly treated more like a convict on that occasion—most disgracefully treated, I consider. They did all they could in travelling through the country to damage my character. Would any right-thinking man, after being treated in the .way I was, be in the slightest inclined to make the statement I am this day making here 1"

On being asked if he did not know that by obtaining the miners’ rights as he did he had taken an improper advantage over the rest of the field, Brissenden requested leave to make, as he called it, another “little statement,” which, he did as follows : —“ I shall have to go back some little distance in order to be better able to tell my story. I think it was somewhere about the middle of February when the prospectors came to me, and asked me if I would interest myself to induce the Provincial Government to fulfil a promise made by them to secure to the prospectors a claim at Ohinemuri. The promise was made by a letter written by Mr. Williamson, the late Superintendent, I think. If I am mistaken perhaps Mi\ Sheehan will correct me. I know the men had been so promised some years ago, and I was ready to some extent to assist them. I think the first person I applied to was Mr Sheehan, the Provincial Secretary, and asked him if he would see Mr. Williamson upon the subject. He promised to do so, and I think did. I saw Mr. Williamson himself afterwards, and was led to believe that the thing ■would be carried out. Time went on, and a week or ten days afterwards I went down to the Thames. I looked upon it that the business of opening up Ohinemuri would soon be closed, the agreements be signed, and the field declared open on an early day. The people then became very urgent. I was not sure that the powers Mr. Williamson then held as Superintendent would enable him to carry out the promise he had made; indeed, I had been told he could not carry out the promhe. I think I then saw the Hon. the Native Minister, at all events I did see the Hon. Dr. Pollen ; but I got very little satisfaction from him. While at Ohinemuri, the death of the late Superintendent came to our knowledge ; and I asked Mr. Fraser, the warden, if the delegated powers died with the Superintendent, He said he did not know, but he believed they did. I also consulted with him, and asked what was best to be done to secure the prospectors in their rights. There had been a great deal said about the mob rushing them, and their not being allowed to secure their ground. Indeed I know such was talked about and intended, and so much was thought about it that a lot of the Armed Constabulary were got down in anticipation of it. These men were urging me to try every source I could to secure their rights. After Mr. O’Rorke ‘took the superintendental chair, I saw him about it, and urged him to see Dr. Pollen, but at that time no result was arrived at. I had a talk with Major Keddell, and asked him in what way the men could be secured in their right. He replied that only by their miners’ rights could they take up the amount of ground they required. From that I had no distinct idea as to how to assist them.” Brissenden further stated in effect that his conduct in regard to the miners’ rights had been influenced by a desire to protect the prospectors. The prospectors entered Brissenden’s name three times in the share list of their claim, and three of the much talked of rights were in his name, but he never has claimed, nor did be intend to claim, any interest whatever in Ohinemuri, and his name was entered without his authority. He gave notice to that effect, but at what time after the affair he could not say. The probability was that that he had asked Dillon to keep the getting of the miners’ rights secret. In giving evidence before the Royal Commission, Brissenden, when taking the oath, made a reservation that he would only speak up to a certain point. He declined telling the story about the miners’ rights. He did this in order to protect O’Halloran for the reasons as given by him thus : “ I think I have, for four or five months, undergone a punishment which few men could have withstood. The papers have branded me as a thief throughout almost the whole of the Province of Auckland. As I have stated before, I considered the secret was not mine to give. That man had done me a kindness, and I did not consider it my place to betray him ; and had I not received this letter I should not have uttered a word, no matter what the consequences would have been. I feel satisfied had it been my own transaction solely, I should have come forward months ago, and made this statement in print. But I had Mr. O’Halloran’s secret, and I felt in duty bound to protect him. I may say this, previous to taking that oath, I went to the commissioner prepared to pay the £2O, and say nothing. I was much offended at the manner in which the whole thing had been carried out ; I looked upon it as very vindictive. Major Keddell and I had a long conversation before I took the oath. He begged me to do it, saying that it might militate against me it I did not. I never thought so much of myself as of Mr. O’Halloran. To a sensitive man I have gone through a great deal.”

One of the prospectors, Smith, pointed Dillon out to Brissenden and said, “ If you can help us in any way I will send Dillon down to your house in the morning. At that time Brissenden had no distinct idea how he could help them. Captain Fraser had told Brissenden that the only way to get the claim was to get a sufficient number of miners’ rights to hold the ground, but Captain Fraser did not say the rights were to be got in the way they were. Before Brissenden left the tent on the morning of the 3rd, he heard Mr. Mackay and O’Halloran speaking about some lost miners’ rights. He did not have them then—that was a packet that had been taken out of the book the night before. O’Halloran gave him the miners’ rights tied up in one bundle, which might have consisted of several small bundles, but Brissenden had no recollection of separating the smaller bundles before giving them to Dillon. There were fifty-three miners’ rights. The goldfields’ regulations provided that no party of men should have more than ten miners’ rights, viz., ten men’s ground. He had always been on friendly terms with the Thames miners, and had lent them money as an act of kindness. He had supplied the money for the fifty-three miners’ rights in this manner. Giving the prospectors the rights as he did, gave them no doubt an advantage over the people coming to the field. His main object was to get the men their ground in a sense of abstract justice. Mr. Brissenden made another “ little statement.” He said, “ I merely wish to request the committee to arrive at some decision as far as I myself am concerned, and that feeling as 1 do, that I have been really to blame in the matter, you will visit it lightly on Mr. O'Halloran. It was really my fault that he got into the difficulty. I feel that most distinctly, and I should feel very much hurt it he is injured by the transaction. It was stupid and Quixotic on my part; but I was not actuated by any sordid motives. I have suffered greatly, socially a great deal, and on personal grounds I ask the committee to release me as quickly as possible. In conclusion of Brissenden’s story one part of his evidence, in justice to himself, may be given in full: — You now admit Mr. O'Halloran gave you these rights improperly? them.

But did you not ask him to do that which was wrong?—l admit it was an irregular thing for me to do.

You never told Mr. Mackay that such was the case, after the disturbance about it began? —I thought it was a safe enough thing for him to do.

Did you feel it was a fraudulent thing to have taken them from Mr. Mackay without Ins knowledge I —l did not. Do you not think it so now, to take documents out of a man’s possession without his knowledge ?—I did not so look upon it at the time, nor do I think so now. I should have asked Mr. Mackay had he been there at the time. Why did you not acquaint Mr. Mackay before i—He was not there.

He was all night in attendance?—lt was just at the time the things were exhibited to me that I asked. Then, do you not think it was wrong to take a man’s documents from his clerk without his consent? —It did not strike me at the time that I was doing any great wrong. X had paid for the papers, and I argued in that way. But you have told us that you had arranged the day before to get the rights in some way ? —I said if I could procure the men any advantage I would do it. _ You said you arranged to get the rights in some Way before, and that you had arranged for a man to be there to get the lights b' o - 11 you ?—X said if anything can be done I null do it, and that Smith, pointing to Dillon, said, “ There is the man who will come to J°u. You slept in the tent with Mr. .Mackay, and, knowing the arrangement that had been made, you could have asked Mr. Mackay at any time for them?—l could not have done so ; I left in the morning. . You did not ask Mr. Mackay ?—I did not. But you went to the clerk and got them surreptitiously?—Yes. _ You believed when you told the men not to use them improperly they would not do so ? I believed so, from the arguments I used. Knowing all you had done yourselves, you still believed that ?—I believed so, for their own protection. Then, what was the use of getting the rights for them in the way you did ?—To prevent a jostle, threats of which were abroad at the time. Why did you keep it secret afterwards ? On accoimt of Mr. O’Halloran. But if you thought no wrong had been done there was no reason for it to be kept. secret ? —I admit there was an irregularity. On Mr. O'Halloran’s account, I felt bound to hold ray tongue. Had the case been my own, I should have come out with the facts in print at once, as soon as a fuss was made about it.^ Do you know who gave Cashell his right ? I do not. You-say it was a man named Smith who spoke to you about Dillon meeting you ? Yes.

"Who is that man ?—-He was one of the prospectors. "Where does he live ?—At the Thames. Have you seen him since ?—Not since X was at the Thames that time. When it was arranged that Dillon was to meet you ?—He pointed out Dillon as the man who was to meet me. Did you know Corbett before ?—I had never met him before that time ; but I have seen him two or three times.. Sir G. Grev : When you met Dillon and Corbett on the road, what passed between you

and them ?—That is a question I cannot very well arrive at. I have thought it over since my former examination, whether they came and spoke to me or I to them first, but I have no distinct recollection about it. Who spoke to you on the road, Dillon or Corbett ?—My memory will not serve me. But you must recollect? —I really cannot answer that. . But surely you must know whether the men spoke to you first or you to them ?—X should like to answer your question, but I cannot be sure to tell you rightly. I was on horseback, and they on foot. Yet you say Dillon was pointed out to you as the man to whom you were to give the rights, and yon do not know whether he was the man who spoke to you or the other man ?

—I cannot say positively. What did Smith say to you?—He said, “ This is the man you are to give them to. If he comes to you, he will do anything he can for you.’* lam not certain about the words. What did you say before ?—“ If I can do anything before the time X will” That was ■ on the last day previous to going down. What did you mean by “ doing anything ” ? —I was going to speak to the officer in charge. I had no distinct idea of what X would do. Why have had a man to meet you, if that was the case ?—lf I wanted assistance. Why was it necessary to meet in such an out-of-the-way place ?—lt is not in an ont-of-the-way place ; it is on the main road from the lower town to the upper. But it was going back from the mines ? Certainly. "Why did not the men come to you at the tent ?—I do not know. It was at the lower town where I had my conversation with Smith, two and a half miles from Mackaytown, and three miles from the diggings. Why did you not arrange for them to come to you and Mr. Mackay together ?—That I cannot answer. You have stated that there was a distinct arrangement, if you could get the rights for these men, you were to give them to Dillou ? —Yes ; they said, “If you can do anything for ns, this man will come to you.” You do not know whether this was the first man who spoke ?—X am not certain. When O’Halloran gave you the rights, did yon select the ones you wanted ?—No ; he gave me the package. He had a great many packages. Did you select the package you wanted ; did you show him the one you wanted ?—-There was no mistaking our lot; there were fifty-three rights in it.

Did you pick it out yourself ? —I did not. Did yon say, “ That is my package ” ?—I do not think so. I merely said, “ Give me the miners’ rights.” I was standing four or five feet away from Mr. O’Halloran at the time. Mr. O’Neeli. : Was your name upon the package? —My name was among the fifty - three, as I understood, three times repeated. Was it on the outside of the package ?—I do not think so. I rather think Smith’s was the one visible. Can you tell the committee what was the cause of your anxiety to get the miners’ rights. Had you any reason for it ?—I have already stated that my anxiety was because it had been stated publicly that the men would be rushed, would not be allowed to peg their ground ; that whoever went up to the tent would be rushed ; and that they would not be allowed to get their rights by being jostled at the Warden’s tent. That was publicly stated. G. R. D O’Halloran’s (Mr. Mackey’s clerk)

evidence was in most respects similar as to —-feci* with that of Brisaenden. It was not within his duty to issue the miners’ rights, and he had done it on the spur of. the moment. They had been left with him amongst a number of other papers on the morning of the 23rd. Mr. Mackay had to go out over the ranges for some hours, and left his papers with his clerk until his return. When O’Halloran returned the rights to Mr. Mackay, the latter took them without any knowledge that some had been issued. O'Halloran gave them to Brissenden when Brisaenden pressed him to do so, saying that no improper use would be made of them. Part of O’Halloran’s examination ran thus : In handing back the other bundles of miners’ rights to Mr. Mackay, you said you did not mention to him that you had disposed of part of them to Mr. Brissenden ? I did not mention it. Why did you not ? He left those bundles with you as a matter of trust, and you disposed of some of them in the meantime. Why did you not tell him you had done so ? - X did not say anything about it. I did not wish to say anything. It seems to be a most obvious thing that you should have mentioned that you had disposed of some of them. And I ask you distinctly why you did not mention it to him ?—I did not like telling Mr. Mackay that I had given them away. Of course, I had no right to give them away. You knew, then, it appears, that you had done wrong ?—I did, but it was some time afterwards. You knew it was wrong, then, because you had had time for reflection. Is that what you mean ?—Yes. Did you at any subsequent period tell Mr. Mackay that you had given these rights to Mr. Brissenden ?—Not until after I wrote the letter to Mr. Brissenden. Have you ever told Mr. Mackay ? —I mentioned it to him after I had written the letter, since I came to Wellington. When was that ?—On Tuesday last. And, on your oath, you never mentioned it to Mr. Mackay previously to that time ?—On my oath, I never did mention it to him previously. Were you aware that Mr, Brissenden was

goinn- to use them for the purpose of pegging out ground?- —I did not consider, but I suppose that must have been the object. Did you think at the time that you were assisting him to commit a fraud? —I did it on the spur of the moment, and if I had taken time to consider I should not have done so. You said he persuaded you to give them to bun? —I said he pressed me, I think. In what way did he press you?—He said that I know he had paid for them, and that he would not make au improper use of them, or words to that effect.

Then did he press you to keep it secret? —He did.

And was that the reason why you kept your pledge till now? —Yes. Did he offer you any other inducement?— No. ,

Did he agree to give you any share in the claim marked out?—No, he did not. Witness denied that at the time he gave the miners’ rights to Brissenden he knew that any were made out in his,,o'Hallofan’s, name. It turned out afterwards that such rights were amongst - those exercised before the proper time, and were paid for by Brissenden; and that in some instances the rights were applied for in name of Richard Disney (two of witness’s Christian names), which was done on the advice of a broker named Michael Henuelly, who advised O’Halloran that his name should not appear too frequently on the registration. The manner in which Mr. Mackay came to have the 155 rights in his possession was explained by Captain Fraser, who gave this evidence ;

In whose custody were the rights between the time of being written out and' the issue ? Rights representing 247 tickets were in my custody ; the others were in Mr. Mackay’s custody. _ ) How came they to be in Mr, Mackay s custody ?—Mr. Mackay was agent for the General Government, and he had received applications by their sanction. He arranged that he was to issue those rights at the same time as mine, because he said some of the people would not be known, and many of them were natives. The names of these people had been received by Mr. Mackay previous to my making arrangements for the issue. Were you the person responsible for the proper issue of those rights at ten o’clock '? — For the 247.

X am speaking genex'ally ?—Mr. Mackay aud I were both responsible. Hon. Sir D. McLean : Was the arrangement between you and Mr. Mackay ?—Yes. The Chairman ; You mean to say that the responsibility did uot rest on one distinct person ?—No, it did not, unfortunately. When Mr. Mackay applied for these to be handed over to him, was it not in your power to have refused the application ?—lt was not in my powei'. I xvas not Warden, and would not be Wax-den until 10 o'clock next morning.

Then I understand you to say that Mr. Mackay demanded a certain portion of the rights in your custody ?—There xvas no necessity for demanding. He requested, and you gave him a portion of the rights, the rest remaining in your custody until 10 o’clock?—l took the x-xghts represented by the 247 tickets to my tent, and placed them under my head. Was Mr. Mackay x'epreseuting the Government, and the chief authority upon the Ohine-mux-i goldfield at that time ?—Up till 10 o’clock in the morning. Then my duties xvere distinct.

At 10 o’clock you became Warden ?—Yes ; but at the same time we xvere to assist each other to carry out the arrangements. None of the improperly exercised lights had come out of the 247 in Captain Fraser’s custody. Mr. Mackay xvas examined at some length, and accounted for giving the rights to O’Halloran, xvhxch xvas done at a time that he had to go out and examine some survey lines.Some of the parties xvho had exercised the rights xvere also examined. Those who had been examined before the Royal Commission refused point-blank to tell xvho they had got them from.