WARDEN’S COURT—Yesterday.

Thames Guardian and Mining Record, Volume I, Issue 165, 19 April 1872, Page 3

WARDEN’S COURT— Yesterday.

Before Jackson Kkddei.l Esq., Warden. THE PUKEIIINAU CASE. P. Kelly and others v. C. Kidd and others. —For plaintiffs, Mr Macdonald ; for defendants. Air Tyler.—The hearing of this case was resumed from the previous day.—William Evans, painter, Grahainstovvn, deposed : I know Conroy : he was a customer of mine. I had dealings with him in February last. I keep a day book (produced). Conroy’s name appears to an entry made on the Oil) February. I remember Conroy’s coming to purchase goods. First of all, I declined to let him have them, but subsequently did so. It was between eight and nine o’clock in the morning. He said the goods were for Air McCloughen, and when I said I could not let him have them, he sa : d he would get an order. He went out, and came back with an order from Mr Ale''loughem It was dated on the 9th February : that was the date of the transaction. Upon that order I let him have the goods, and he took them away. I then made an entry headed, “ William AlcCloughen bv Conroy.” Aly man, William Doughty, was piesent at the time of the transaction, and ca'led the goods over as I entered them. I am positive as to the date—Friday, 9th February. I saw Conroy an hour or so afterwards at McClouglien’s. I went there, as iny man expressed a doubt as to the order given” by Evans, being in AlcCloughen’s hand-writing. I then went to Shorthand, and on my return I saw Conroy drinking with some one in AfcChmghcti’s bar. That would bo about 1 I o’clock in the day. I know Crosbie Kidd by sight. I know Walter Flicker. I had a good many people to visit me j'estei day ; one of them was a lawyer. I was standing talking to Flicker near the Pacific Iloicl when Coir.oy and Kidd came up, and the Jat for said, pointing to me, “If lie’d falsi"y his hooks, it would be a", right for us.” I supplied goods to Comoy on the 12i.1i Fein nary, and made an entry of them, and cauied it hack o the foimer entry, wince a space had been

pnroosely left, as Comoy had said tie should want a Jot more goods. That is Lie "(also i why, ii) 'he b(*>k, the items of the t■■ ansaclion on the 12th -neecoc those on Lie 9 h. —By Air Tyler : The day boo produced com abis a'l mv sales. vvhoLue ' e-edit or cash. The on Lies rue made as the oils' moors come. I l of used to Jet Comoy have ihe goods at first, he cause he has had goods Lorn me and has not paid for them. He lias obte.hieu goods on lab-c pretences Loin me, and I intended to p.osceu e him, but he said he would pay me when he was in a position 'o do so, and I did not want to th-.ovv away money in going to law. I should not he aide to swear io the dates, except I lm< : . 'Lie hook, hut 1 remember that it was on a Friday 1 let Conroy have the goods spoken of, and Lie honk says that was Lie 9 ; "i Febiuary. The book does not say whet time of day the things were supplied. It was in the morning. I should he very much surpLscd to hear that it was in the evening. At 2 o’clork on this day I went to Air Tucker’s, at Taiaru, to put in a squaie of glass, and came back anout 5 o’clock. I did not see Comoy on Friday bet ween 12 and 1 o’clock, and. therefore could not have had anv conversation with him. —By Mr Macdonald : I saw by the newspapers that Conroy was intoiesied in tills acLou, and as lie is indebted to me, I don’t suppose lie will be better able to pay me if iie loses, Inil rather Lie other way.— William DuLiie, assist ant- to Air Evans, deposed (lint he remembered Conroy coming in Mr Evan’s shop on the morning of the 911 i Febiuaiy, pud being supplied with goods. At fiist Comoy warned to get the goods on his own aeeouni, hut Air Evans refused to let him have them, but subsequently let him have them on Mr Me■Clcugbon’s older. Conroy spoke to me outside yesteiday, saying. “Bill, you remember the night. I had those goods.” I.said, “No, I don’t; you did not have them at night at all.” He said, “Go toll—you b—'.” I have not gone there yet.— Waffer Flicker, deposed : I am a painter and decorator, living on Taiaru road, and know Air Evans. I was with him yesterday neai| the Pacific Hotel. I know Kidd, and Comoy by sight. Whilst I was talking to v Air Evans j’esterday I heard a remark about falsifying books. Kidd and Conroy weie about two yards behind us. Kidd said “ If we can get lr’in to falsify Lie hooks we are right.” I did not hear anything said about “ iwo years.” AVhat wo said was not “ If wo catch him falsifying those books we’ll got him two yeais.” It was as I have staged. I have dealt occasionally with Air Evans. Don’t lemember any particular day.— James Kollestoii. hotel-keeper, I’unga Flat, staied : I have been on Lie Pnkeliinau giound. I was there on the night of the 2911 i February. I know Crosbie Kidd. I was not concerned in the marking out on Lie 29iti February. About 12 o’clock I was standing on the hill near the Tbg station. Kidd was there. I saw him d.jve a peg in a few yards from where I was standing. Kidd gave a whistle, and immediately afterwards lie diove the peg in. There were a good many people about at the time. Agnew was there, and Loriigan, Bowler, and others. The whis.le was the thing that fi.st attracted my attention. I am quite certain that it was Kidd who whistled and then put in ihe peg. —By Air Tyler : 1 went up to see to the marking of the g -ound, so as to get a share for myself, but I found there were too many marking out. and thought t’.ieie would be a lawsuit about it, and I did not mark out. Lotrigau went on to the groui d with me. I was in partnership wiLi Air AlcCloughen, but the partnership has been dissolved. I did see some trying to prevent two others putting in a peg, but this was after Kidd had put in his peg. A pistol was, fir d after Kidd whistled. There were seven or eight men standing round about whe "e I was at the time. 1 am sure that Kidd himself put a peg in.—

Laurence Lorrigan deposed: lam a horse driver, living at Punga Flat. I know last witness. I remember the occasion of the pegging out of the Pukeliinau ground, on the night of 29th February. I know Kidd and Conroy. I saw both of them that night. I heard Convoy say to Kidd, “It was time,” and then Kidd came down the spur, and whistled. There was a peg in the ground, which Kidd puffed out, and put in an old peg.—By Mr Tyler : I was in Mr Rolleston’s employ at that time, but am not now. Mr Rolleston told me that the Pukeliinau was to be pegged out that night, and that I should see some fun. Conroy was near Kidd at the time the latter put in the peg. 'Agnewwas also close at hand. I know Crocker, the bootmaker. He was with Kidd, walking up the spur, when Conroy called to them. No other person put in any peg at that spot at that time. I saw no altercation going on at all. If there had been any, I must have seen it.- I heard somebody say to Kidd when he pulled up the peg, that he’d be sorry for it. Kidd was not carrying a peg with him at this time. He pulled up one peg, and put in another. Can’t say where he got the peg from which he did put in.

—Richard Radford, painter, deposed : I came here to see what was going on.. No one asked me to come. ' . I came just out of curiosity to hear the case. I have worked for Mr Fricker. I know Conroy. I was working for Mr Fricker in February last. He usually got his materials from Evans-’, and sometimes from Phillips’. In the early part 6f February I was employed for Mr Fricker at the Presbyterian Church, Tararu. I remember going ■o Mr Evans' place on several occasions for yellow ochre and amber. 1 remember seeing Conroy there on one occasion. I made a remark to Evans’s man at the time, but I can’t remember when that was. I remember getting two pounds of gum and some yellow ochre; can’t remember the day, but it was between 8 and 9 o’clock in the morning.—By Mr Tyler: I might have got the same quantity on another

occasion also, but I can’t remember. It might have been late in the day when I got the same quantity on some other occasion. I was working for Mr Flicker three or four mouths, February being one of them—George W. Tucker, landlord of the Imperial Ciown Hotel, Tararu, deposed :

I know Mi Evans. He has done work for me on several occasions in repairing damage done by the windows getting broken. 1 produce a bill from Mr Evans ; from that I can say he put in a square of glass aho.it the 9th February, but I am not positive as to the exact date.—By Mr Tyler : I paid Mr Evans for the job after the work was done.—Charles M Lean, miner, deposed : I know most of the par-

ties concerned in this proceeding. I know Crawford. I was in Auckland at the

latter end of February, and received a tel igrain from him which caused me to CO no down to the Thames. I had some conversation with Baird, who said he had a good case on, and if we went in.logo! her we should be sure to get the ground, and to get two or three men to go in to it properly. He said I was to get Scotchmen. I know Conroy. I was at a meeting at the Bowen Hotel on the Ist Mareli ; after that meeting I saw Conroy. Crawford was with me at the time. There was a conversation about 1 lie pegging out of the Pukeliinau. Crawford and I said we would not have any more to do w<th

t, as it was not a legitimate case. We :aid to Conroy, “ You were one of the jiincipal peggers out.” He replied that

lie was never on the ground at all previous to Ist March. He said he had never pegged it out at all. He said 2 or 3 were leqrired to do the d’rty work, and others came In to reap the benefit.—By Mr Tyler :

There was a general cooversa-ion at the meeting at (he Governor Bowen. I had a conversation with Band. I was at the pegging out the night before. No one pe joeal’y asked me to go io (lie meeting. 1 made no offer (o Bail’d. He d’d not fell me then that I had come there as a spy. He said so afte-wards. I did not tell Baird ihat I coukl prove anything lie wanted proved. It was on the last day of Feb. nary I came down from Auck 1 and. I had never been a male of Band's before in a claim ; nor bad I been mined up with him in minmg mat levs. I had been Jiving some time before at the Stafford Hotel, where Band adso lived. The boat arrived from Auckland in the afternoon—l think it was at Grahams!own. not Tararu. but I’m not sn.e. Shoi.'ly af-cr my arrival Ba’rd mot me by the Pacific Hotel. He said if I could get two or three men be couhl do (he same, and would win the case against the field. Crawford and Hogan came up at the time. It was about two hours a.fior the meeting when I saw Conroy, and told him that Crawford and I would draw out of it. Coniov said at the meeting at (lie Bowen that he was one of the peggers out. BaVl asked at the meeting who lmd pegged out before the Ist March. Denny Hogan said he had,

and Co'U’ov said Cue same. After the meeting he said lie had never pegged out at o»I.—By Mr Macdonald : No one but Comoy and Ilogan said at the meeting (hev had pegged out the ground before the Ist March.—James Crawford.miner,deposed : Before the Ist March I had an arrangement with Hogan, and aftei wards with Baird in Hogan’s presence about the Pukehinau. There was a conversation between us as to the advisability of pegging out the Pukehinau on the Ist March. We came to an understanding that we were to go up on the night of the 29th February to peg out the giound. ’Phis conversation took place the clay before. I was present at the pegging off cn the morning of the Ist March. I went up along with Kidd and Hogan and a lot more. It had been arranged for us to meet about 9 o’clock and go on to the ground. Persons were allotted to the different pegs. We came to a halt near the Victoria Balter}’, and Hogan and I and two or three more compared watches.

When wc got near the ground Hogan said he wanted to see who bis men were.

A consultation was held, and it was arranged th&t at 12 o’clocic Kidd should give a whistle as a signal. McLean and I and Maloney and another were told off to peg at once place. Kidd went on, and then came back and said he was going round to see that the different parties were stationed at the pegs. At the meeting at the Bowen there was a difference of opinion as to whether the pegging out on the Ist March was good for anything or not. Baird put the question, “ Who was it that pegged the ground off before the Ist March.” There had been a discussion as to a day being fixed upon. Hogan said he pegged it off. Conroy said lie saw him do it, and assisted at it, or something of the sort.

The London correspondent of the Lncrlg MiTcurij says the portal authorities have now under their consideration an invention by which the handwiitiug o? persons telegraphing a message will be transmitted by the telegraph A citizen of Salisbury, who had refused to qrpl'fy for the office of Mayor, to which he wrs elected in November last, was on Wednesday jnned £IOO (by the local magis trates,