WARDEN’S COURT—Yesterday.

Thames Guardian and Mining Record, Volume I, Issue 162, 16 April 1872, Page 3

WARDEN’S COURT— Yesterday.

Before Jackson Kf.ddei.t, Esq., Warden. THE PUKEIIINAU CASE. Patrick Kelly and Others v. Crosbie, Kidd, and Others. —The hearing of this case, partly heard on Tuesday, was reovitooJ. _vi>- Tj-lor sniil before the case was gone on with, he had to bring under tbe notice of the Couit a fact which occurred on Thursday or Friday, viz., that all the defendants’pegs had been removed —whether by the plaintiffs or not he could not say. The tools also had been stolen, and they were all there the day before the trial.—Mr Macdonald said so far as his clients, the plaintiffs, were concerned, if they had removed the pegs it would go to cut the ground from under his feet, and he did not think that his learned friend was justified in saying or insinuating that this was the work of the plaintiffs.—Mr Tyler said it must have been done by some parties interested. The pegs were all there the day before the trial, and they were all gone on Thursday or Friday.—Henry Goldsmith, mining inspector, deposed: I know the ground lately held by the Pukehinau G.M.C. Had instructions from Ihe Superintendent, in consequence of which, on the 9th February, I made re-entry at 1.16 p.m. I pulled up some pegs, and broke down some portions of the drive on the side of the hill facing the south. Went on to the ground by the Windsor Castle, and returned by the face of tbe hill. I know Clarkson’s battery. The drive did not face that way, but tbe reverse. There was a ridge between me and the battery. The drive, I think, was on the Moanataiari side. I don't remember whether it was a fine day or not. It could not have been

• very wet. The weather do ,j R not interfere wit i iny official visits. I don’t know , other drives on the Pukehinau side. There were no men in the drive that I visited—certainly not.—Denis Hogan deposed : I am a miner, living at Grahamstown. I have no interest in ibis case or in the Ist March claim. At one time 1 was about having an interest, but I got out of it. I was the worse for liquor—saving this honourable Court’s presence—and don’t rightly know what happened. Can’t say whether I assisted at the pegging out. McLean and Crawford took me on the ground from the Thames Boarding House. I bad to be led or assisted. Robinson took my watch from me to take care of, and gave it back to me afterwards in the street. Tire following day I was at the Governor Bowen hotel. There was a call made for law expenses. I gave a cheque for either £2 or £4 for self and Baird, hut subsequently tore it up. It was was about employing you and Mr Tyler. Two sheep’s heads are better than one. We wanted legal assistance because a large number of people, 30 or 40, had been on the ground the night before pegging out. .Something was said about the Hidden Treasure case, and that there would have to be a lawsuit. Baird said he’d go on with the original pegging. My head was rather muddled at the time. I had nothing to do with the Pukehinau case more than that I was there on the Ist March. I gave the cheque and got it back again. I did not want to go to law. I did not hear Baird ask who could say he had pegged out before the Ist March. I know nothing about the 9th February pegging. I should not have gone on to the ground on tire Ist March if 1 had not been taken.—Cross-examined by .Air Tyler: Neither Kidd, Baird, Kay, Patterson, Ilays, Egan, or other owners of

the claim asked me to go. It was Crawford and McLean who took me. I was too much intoxicated to say what touk place. Did not hear Conroy say lie saw me on tire ground pegging out. At the meeting at lire Bowen I intended to have gone in with Baird, hut after thinking the matter over I wished to hack out of it. Have had considerable experience in thftse matters to the i ost of my pocket. Am one of those who paid over £IOO to Mr Macdonald over the Hidden Treasure case. I backed out of tlie thing because there was so manv parties after it.—John Kay, miner, deposed : I remember the Hidden Treasure ease. Was in it with Baird. Am now manager of the Tramway Battery. Have been working there for three years. Know Patter. oi; lie is an engine-driver. Am a shareholder in tire First of March claim. It was formerly the Pukehinau. Am one of those who pegged it out on the 9th February between 1 and 2 o’clock. Hays, Kennedy, and Conroy were there at the time. Did not go there that morning with the intention of pegging out. Was not there the previous day. Was on the ground several times before that, on going to and from the Thames View claim. We were looking out to get a tribute there. Went on to the Pukehinau ground and into the drive. Whilst there, Conroy said Capt Goldspiith was on the ground, and some conversation took place, when it was resolved to peg out the ground on ‘speed The pegs that were put in were not branded oil the 9th February. They were subsequently branded with the letter ‘B’ and a broad arrow. The pegs were picked up on the ground. Don’t know were those pegs are now. Mr Baird told me on Friday morning—about 10 o’clock—that the pegs had gone. It might he about 12 o’clock when we were on the ground on the 9th February. It took about ten minutes or a quarter of an hour to mark out. Was not on the ground on the Ist of March or night of 29th February. Don’t know James Bagot; know Crokcr; don’t know that he has any interest in the ground, nor' whether Maloney, Hill, or Day have.—Crossexamined by Mr Tyler: We came to tin. conclusion to mark out the ground on ‘ spec’because we saw Capt Goldsmith there. This was on the 9th February. Have never given authority to anybody to mark it out again on the Ist March It was not suggested by any of our mates that we should mark out on the Ist March, It is part of my business as battery manager to go round about the hills to see about getting quartz for crushing. I was present at the meeting at Governor Bowen hotel on the evening of the Ist March. Conroy was there. We went to have a little meeting amongst ourselves about retaining a lawyer. There was no leader in it, every man could say or do as ho liked. Baird said he should stick to the original pegging. Something was said Something said about subscribing £1 each to employ a lawyer. No resolution was put to the meeting, or hands held up about it. None of tho shareholders said anything about having pegged out on the Ist March. McLean and Crawford wanted a show of hands for those who would go in for the Ist March pegging. None held up their hands for it except those two. The rest did not hold up their hands cither for or against. Nothing was said or suggested of having some day fixed upon prior to the Ist March upon which the) 7 were to claim. Did not hear Baird ask—- “ Who can say he pegged out before the Ist March ?” Hogan did not say he could. Conroy did not say he had seen Hogan do so. Did not myself peg out after 9th February, or authorise any one to do so.—By Mr Macdonald : We did not do much work in the claim until after the Ist March.—George Croker, hoot and shoemaker, deposed: I know Michael Kennedy, Baird, Kidd, Kay, Patterson, and Conroy. Don’t know Maekclvie or Hayes. Have heard of the Pukehinau ground Don’t know much about it. Was told it was open for occupation lately. I went up on the ground at the time so many went up—on tlie Ist March. I went up with LroMiic itma. i* i>~* n and 12 o'clock at night. We went to see the gmun 1 pegged out. It was a matter of curiosity. Saw plenty of men there. Next day I went to the meeting at the Governor Bowen Hotel to hear what was goingon. I was not in riled toattend. It was

about 1 o’clock, afternoon. Kidd and some others went with me. I gave £1 towards expenses. I have no interest in the ground. The £1 was paid for the case that, was coming on about the ground. I lrad not. a miner’s right at the time, otherwise I would have liked to have gone in with them. Kidd has said he might give me a share in the ground if he got it. When we went on to the ground there was no understanding that I was to have a share. I did not know what the name of the claim was that we were going after. 1 did not go up after the ground, nor for any share of it at that time. It was that same morning I got the promise. I gave my name to Mr Baird. My name is not on the register, because I had no miners’ right. Never attended any other meeting than the one at the Bowen, nor subscribed any more money. I don't know wh -n Baird’s parly pegged out. It was not that night. I have heard that they pegged out before then.—By Mr Tyler : I did not hear until about half-past 9 o’clock that night (29th February) that I heard tin’s ground was going to he pegged out. Kidd asked me to “Come up and see the lark.” I did so. Did not go up with any idea of

getting a share. Did not mark out when we got up there, nor authorise anybody else to do so. Returned with Kidd. He had not been pegging out. He was walking about on the top of the hill. He had no pick or tomahawk.or peg with him. lie had his ktiifo and his pipe with him. Saw one man driving in a peg as we were coming away. Can’t say who it was. It was not Kidd. It was next morning that I was offered a share, if they got the ground. I think tin’s was before the meeting at the Bowen. Two or three, whose names I don’t know, wanted to go in on the pegging of the Ist March I think McLean was one of them. Croshie Kidd was not one of them. Heard nothing said about a certain day being fixed upon prior to the Ist of March, upon where they should claim to have pegged out. Don’t remember the question being put, “ Who can say he pegged out before the Ist March?"—ByMr Macdonald : Whilst we were on the ground, Kidd went away for about ten minutes ; but it was half an hour after that a pistol was fired off. Was on the top of the hill at the time Kidd was with me.—James Bagot, miner, deposed: I know the Pukehinau ground. I know it has been taken up as a claim. .1 don’t know whether I have any interest in it. I was in it. I promised another party who went in with me a share in it. I acquired my interest by pegging out on the Ist March. My mates are Kidd, Kelly, and Smith, but there are so many concerned that I don’t know all their names. Went up with Conroy and others. Crawford was there. I know Kennedy ; he has something to do with this claim. I know Baird. I never saw him on the claim. I know Patterson ;he told tee he had an interest in the claim. I know Egan ; he has an interest. I don’t know Mackelvie. I was at the meeting at tiro Governor Bowen. I paid £1 towards expenses.—Hugh Patterson, miner, deposed : 1 kow the claim. Was there when it was pegged off on the 9th February. Did not go up with the intention of pegging it out. Saw Kennedy, Conroy, and another on the ground. Asked. ‘‘ What their little game was ?’’ They did not tall me, and we then went info the drive ; I had a piece of candle with me, I always carry a hit of candle on these excursions. I was going to look alter a tribute in the adjoining claim. I went into the drive to see what she was made of, and saw there was some gold. Heard Conroy say that Goldsmith was on the ground. I said, “Hc-is after sometlnng, you may rely upon it.” Then a conversation took place, audit was agreed to peg out the ground. We stopped in the drive about fifteen minutes breaking stone to see wbat was in it. Conroy said he heard that somebody had been writing to the Superintendent, and that it would he better to peg off at once. It is on that pegging out I claim an interest. 1 was not at (lie general pegging out on (lie Ist March. I was at the meeting at the Governor Bowen, hut took no hand or part in it— listened to what was said. Heard Crawford, I think, say we should stick to the Ist March pegging: others objected. Ail i said was, that I was not going to show my hand, The meeting was to get subscriptions for legal expenses. Nothing was said about a day being fixed upon prior to the Ist of March upon which to claim. I knew about my own pegging, and that was the one that 1 should stick to. I was on the ground last week, and saw the pegs. I have since heard that all the tools and pegs had gone to Jericho ; I heard this on Friday. It was Baird or Kennedy, or some of them that told me. I heard it at the battery. I can’t say who told me first. I should not like to catch the man who took the things away. -Michael Maloney, contractor, deposed : I know Baird, Kidd, Conroy, Day, Millett, and the rest of ’em. Saw them and a whole crowd besides on thegroundon the night of 29th Feb. Met them at the corner by the Empire Hotel. They said the Pukehinau was opened, and they were going to peg out, and would I make one to go along with them. I said, “ Yes.’’ They all had a speak in the thing. Sandy McLean had the telegraph time, and there were three others who had watches which were timed by his. There was a man with a watch told off to each peg. I was told off to the peg by the stump. McLean and another were with me. One of the party was to whistle through his fingers as a signal for the pegs to go down. Cian’t say which this was. A revolver was fired just before. My peg was put in. Heard the others were put in also. We then came back, had a drink at the Moanataiari Hotel, and then went home. Some of the party said they hoped they would gain tlio day, as they had been the first to put in a peg that morning’, Conroy asked witness to subscribe £1 towards expenses for a solicitor, in case an action was brought against them, hut witness declined, as he had not money to spare, and would rather forfeit a share in the ground if he could gain it, than go to law.—By Mr Tyler : I am working on the Moanataiari Uuion. I have no interest whatever in the claim now. I have forfeited my interest, and do not expect anybody to give me anything. I don’t know whether it’s a good claim or not. There were about forty people on the ground at the pegging out on the Ist March. Can’t say if Crocker, the bootmaker, was there. He might have been, but I did not see him. I had a taste of brandy tha; night. Diuny Hogan gave it me. He was drunk. Conroy was not drunk. He might have had a glass or two. Wc started that night from a friend’s house—Mrs Millet ids—and then we walked along the street, arid met Conroy, Costigan, and others. Kidd came alone. It was about half-past 9 o’clock in the evening. Conroy said, “ We’ll go at 10 o’clock." Kidd left us in Grahatnsi<.u n I met him again on the ground Kidd went hack to fetch Dinny Hogan, * who was “tight." Witness intended to have taken up a s''a re, hut dnipp-a] out of it next day, because lie had no money to spare to go to law with. Did not know there was going to he any dispute before the pegging out took place.

At the close of this witness’s evidence the further hearing of tbe case was adjourned until Wednesday. Mcllhone v. Bjrd-in-Hand G.M.C.— Mr Macdonald for complainant.—This was a complaint by the Inspector of Miners’ Rights against the Bird-in-Hand G.M.C. for not holding a leas-hold.-r’s miners’ right.—Mr Salmon, secretary of (lit- company, admitted the charge, and stated that the ground belonged to Mr Graham, from whom they expected to have received a lease, and then the company would have taken the ground up under the new regulations. Since tbe commencement of the action be bad been to the Warden’s office, at a \\y s advised not to take out a miner’s rigid pending the action. He was willing to have the miner’s right ante-dated, so that the revenue should not suffer.—The Warden said, under the circumstances, he would inflict the nominal penalty of two shillings. The miner’s right to he antedated, so as to bear the same date as the lease. The Court then adjourned until Wednesday morning next.