WARDEN'S COURT—-Yesterday.

Thames Guardian and Mining Record, Volume I, Issue 171, 26 April 1872, Page 3

WARDEN'S COURT— -Yesterday.

Before Jack sox Keddei.t, Esq., Warden. THE PUKEIIINAU CASE. P. Kelly and others v. C. Kidd and Others. For plaintiffs, Mr Macdonald. For defendants, Mr Tyler. The bearing of this case was resumed from the previous day. Michael Conroy, examined by Mr Tyler deposed : I have already been called as a witness in this case, and have stated that I marked out tiie First of March claim on the 9th February. After marking out I came down the hill towards the Moanataiari. I called at Tookey’s battery on the way down. Kay is the manager. I saw a man there and spoke to him, asking where Kay was, and he told me Kay was away on the hills. I then went into Grahainstown along Owen-street. It was near 4 o’clock in the afternoon when I called at this battery. As I was passing Evans’ shop, Mrs Evans called me in to serve some lioper and paint to a customer as she did not know the prices. I don’t know the man’s name, but I know him by sight, and have seen him outside this Court. After serving the paints I went home, and then came down the street. McClouglien met me. This was about 7 o’clock, lie told me he had some painters at work. That they had been 3 days painting the ceiling, and that he would not he robbed by them any longer, lie wanted me to do the job. I said I bad no money for materials, and lie gave me an order on Evans’ to get them. I then went up to Evans’, but lie was not at homo, lie had gone to Tararu. Peter Dewar was with me. It was about 8 o’clock. I afterwards met Tyler, the painter, and had some conversation, and then went back to Evans’ with him. I then gave Evans the order, and got fourteen pounds whitelead, some oil, a brush, and other things. Evans, his man, Tyler, and myself were present. I took the things and went home to my own place. I did not work at McGloughen’s on the 9th February. I left my own house to go to McCloughen’s at ten minutes past 5 o’clock on Satturday morning. I knocked at the door some'time before the place was opened, and then the girl came and let me in. I worked up to half-past 8 o’clock that morning, and then went home to breakfast. 1 went back about 11 o’clock, and knocked off about 3 o’clock in the afternoon. McClouglien gave me half a sovereign. I was on the Pukehinau ground on the morning of the Ist of March to prevent men from pegging out the ground. I did not peg cut myself on that day. i did not arrange with Maloney or anybody else to peg out. I was on the ground when the pistol was fired off as a signal. I saw Kidd there. He had whistled about ten minutes before. I did prevent one man from putting in a peg, te'ling him it was marked out. I was with Kidd one day near the Pacific Hotel. Evans and Flicker were close by. Kidd said, “ If I know that man to falsify his books, I’ll give him six months.” This was said in a loud voice in answer to something I had said. I never spoke to Crawford and McLean that evening; “that I may never leave this box if I did." On several occasions I have seen that the pegs were out of their places and have replaced them. By Mr Macdonald : 1 went to McCloughen’s about 9 o’clock on the evening of the day I knocked off. L was not asked about the tramway battery on the last occasion of my being examined, otherwise I should have told you. I was at work at McGloughen’s on the Monday following the Saturday of which I have spoken. I don’t know the name of the girl who opened the door for me at McCloughcn’s on Saturday morning nor whether she is there now.

Crosbic Kidd deposed : I am one of the defendants in this action. I know the Pukchinau ground, and was there on the Ist of March. I went up with Mr Crocker to see the people pegging out, and possibly to stop them. I made no arrangements with any one topeg out. I did not see Maloney before I started. There were about 80 people on the ground. I looked round the claim to see if the pegs were there that had been put in previously. I did not put in any peg. I very likely whistled. I often do so. I whistled on this occasion to see what they would do. I think I saw Garvey put in a peg. I did not make any arrangements about pegging out, nor did I peg out on this occasion, because we had the claim pegged out before. I had seen the pegs on two occasions previously. By Mr Macdonald: Conroy had my miners’ rights—two of them—and pegged out on tiie 9th of February for me. I considered I was entitled to 2 shares. There are other parties who will get a share if we get the ground. I have promised Mr Crocker a share. He paid £1 for law expenses. He gave no other consideration. I told Crocker that any pegging out on the Ist of March was no good. I first heard of the pegs and tools having all vanished some time after the law suit commenced. This is not the first time that Baird and I have gone to law. I remember the cases of the Italian, the Ivanhoe, and the Mysterious. I remember winning on account of having pegged out first. I remember the Hidden Treasure case in which a question arose as to whether the first pegging out - was the best. I remember MeCloughen and Murphy referring to a prior pegging out, but we proved that they were not ou the ground. In the present case tiie marking out was pretty close upon the re-entry, according to Conroy. I don’t think there’s much danger of any pegging out being proved between us and the re-entry. Michael Kennedy deposed : I know Reardon. He came to me tor the name of the shareholders in the Pukehinau. I gave the names so far as I know them — Kidd, Kay, Patterson, Baird, Conroy, Hayes, and myself. These were all the the names I gave. I was on the ground on the night of the 29th February. I went to have a look at what was going on as well as the rest. Thomas Baird was recalled, and stated : I heard McLean and Crawford examined. I have known them for some years. I

have had no mining trims iclions with them. Timy have been opposed to me in llieMarquis of Lome and Italian cifSesr I considered McLean swore falsely at the Supjenio Court. I remember the 2Sth February. I heard what Crawford stated in reference to Hogan, and the marking ou.. What he said is not correct. I never made the proposition of which McLean spoke to get some Scotchmen to peg out. He swore to a deliberate lie. Some of those present at the Governor Bowen found out that they bad been concerned in the pegging out on the Ist March, and some had no miners’ rights and they did not go on with the business’ The full party was made up before the meeting.

By Mr Macdonald : Bagot was not ono of the party, nor Hill. Crocker, nor Maloney, nor Dagg, bin the party might have been extended. I registered this claim on the 28tli March, but I was told that it was not required. The plaint was laid on the 7th. I did not pay particular attention to Kidd's evidence. I come hero to speak the truth for myself. By Mr Tyler : The registration was delayed as 1 could not get a form at the office under the new Act. This closed the evidence for the defence.

Mr Tyler then commented on the evidence, again pointing out that the testimony of Evans, which was based upon the entries in his books, was contradicted by his books. The latter was, lie conceived, the more reliable of the two, and was corroborative of the case set np by the defendants. The testimony of Tvlcr, Dewar, Thompson, Elliott, and Millett was certainly that of disinterested witnesses, and the learned counsel on the other side had altogether failed to shake their testimony in the slightest degree. The whole case of the plaintiffs was based on the assumption that there was a conspiracy on the part of defendants, and that wholesale perjury bad been resorted to in order to bolster up the case. This was the conclusion which, he apprehended, the Court would not arrive at. The alleged marking ou the 9th February did, lie contended, take place, otherwise 5 persons must have been guilty of conspiracy, and 6 of perjury, and the evidence would not warrant the Court in coining to any such conclusion, but on the contrary that there was a pegging out on that day. Then could it be said that anything had been done subsequently to upset the title which defendants then acquired. Had anything been done by defendants on the Ist March which vitiated the previous marking out on the 9th February? Even if it was admitted that Kidd pegged out on the Ist March, which he did not admit, it would only affect Kidd’s individual title, and could not upset that of the others. As to who really did peg out on the Ist March it was very difficult to gather, from the fact of so many people being on the ground together at the time marking out. The judgment of the Court he contended must ho tor defendants. This concluded I lie defendants’ case. The Court then adjourned until Wednesday next, when Mr Macdonald will reply on behalf of I lie plaintiffs.