WARDEN'S COURT.-Yesterday.

Thames Advertiser, Volume VII, Issue 1778, 2 April 1874, Page 3

WARDEN'S COURT.-Yesterday.

(Before W. FIUSBR, Esq,, E,M.) MoTlhone y. Jamieson. — William Jamieson was charged by Mr Mcllhone, Inspector of Miners' Eights, for occupying land at.Waikawau, he not being the holder of a miner's right. Fined 10s and costs,—The same defendint. was also charged by the Inspector for depasturing cattle on the goldfield, not being the holder of a depasturing license. Fined 20s, and costs. The costs amounted to £6 ss.

G. Smite v. Shaueholdehs of Queen op Beauti.—This case was resumed today.—Mr Macdonald and Mr Tylor'for plaintiff. Mr Hesketh and Mr Meyers for the defendants. — James Billings deposed: I know plaintiff and defendants, and the mine. I was working there till I met with an accident on the 16th of of January. I had been working from about the 20th November. Since .the 16th January I have been in hospital. I was working in the Queen of Beauty, because myself and George Smith took a tribute there; that is the tribute about which this action is brought. It 'was taken in Smith's name, it being agreed between us that I should have an interest. I remember the time of the oontract being signed. It was previous to'23rd November. It was in the week before we started on the Monday. On starting work, we let a contract for 100 feet.prospeoting drive. Then we started to put up a double pass from the 200-feet level up to the 150. One side a man-hole, the other side a mullock pass. When the drive was finished, O'Brien and Smith came to where we were, working, putting up the mullock pass. I remember a conversation, and O'Brien asking how we were getting on. I said " Very well." He said " When will you have the pass finished?" Smith said, " In two or three days.'', Smith also said, " When am I going to get this agreement? I have asked for it several times." O'Brien said, " I will have tho agreement drawn out by, the. time you have the pass finished." A few days after Smith'and I overtook John MoOabe on the Karaka tramway. I think' O'Brien was at home hurt at the time. MoOabe asked how we were getting on, and we said very well. Smith asked vicOabe for the agreement. MoOabe said we would have it as soon as O'Brien came back to the claim. He said we had a right to the agreement, and we should have it. From the time we started till "we finished tho pass was about a fortnight or three weeks. We finished about the middle 1 of December. We let a contract to drive a oross-cut from No. 1 to the little leader to get to work on it. The length was 32 to 31 fee;. Fhe contractors started to work and broke into the old drive which was on the little lealer.' They were about a week putting in the crosscut. Before they had finished their cross-cut, we started to clean oat an old drive to cross-cut from No. 1, to N0.,2. That was to get to work on the No. 2. Chat'was cleaned out about a month after we started, before Christmas, fhe'erosscut from, the No. I to the little leider was finished at the latter end of December, between Christmas aad Nesv fear. Having broken through to the little leader, we had to clean out the oil drive. After we broke through into the drire we canie back to work at. the slip to get quartzjfroin the little lealer. ' We could not get to break out quartz from the little leader till we cleared away the slip. Thare wa3 no place to stow the quirtz., McDonald wanted a lot of mullook filled in on the Bright Smile side, anl we started to do that with sonu mea. After getting through the slip we startel to work oi the little leader.. We started on'the < Monday, 12th, and I was hurt on the Friday, 16th January. The object of puttiag in the drive was to ge,t at the little leader, and to fill in the stope. We continued driving and stoping on the little leader till I was hurt. The crosscut from the No. 1 to No. 2 was being cleaned out before Ohmtmis. It was finished by the Ist of January, anl we started to drive on the No. 2 reef, anl lay down a tram vay. . We were stopped about the 9th or 10th of January by Mr Mc)onaldona Saturday. Hecaoieand asked ma where George dmitu was. I said he was close by. He said, ' " Hallo, George, what are you doing with No. 2?" Smith said, ";I am working on it." He said, "'You had better stop working, as you have no right to work there." Smith said, " I have a right to work there; it is in my agreement." McDonald said, " It is not in your agreement, You had better come to the surface and see the agreement" He went with Vic Donald to the surface. We had been working on the reef, breaking out, for better than a fortnight. " The drive was full of mullock, and we could not get anything out. This was a: little, over a fortnight or three weeks from the time we commenced to dean cross-cut. While we were working* we were' never interfered with. . We,-were seen. Mr McDonald, 'and Connor, an underground boss, saw us one morning. McDonald was acting as minager. After .this ■ no more work.Was done" on No. 2. Smith got a supposed copy of the agreement on the the day of the conversation. After McDonald and Smith went to the surface, he came down again with a copy of the agreement, and the. men were knocked off Smith and I went to Grahamstown, and went to see Mr Stewart,'' One of tho r shareholders. By this time I had read the agreement, .and found that the No. 2 and the little leader were-;not;in it. Smith called Stewart, and said," Do you know what our agreement was ?"' This wasat Smith's house. Stowart said he had never read the agreement, nor heard, it read; that he thought it was' drawn' out aooording to our tender. We then saw vlr Thomas, and asked him if he knew what the agreement was. He said " What do you want to know that forP" Smith told him that-McDonald had knooked us off the No. 2 reef. . Thomas said," You are entitled to three leaders, to work from 150 feet to the surface and fill in 200 feet, and put in 100 feet of prospecting drive, and to put a double pass from ; the 200 to the 160, to carry a single pass from the 150 to the surface, to pick up a . slip on the junotion of No. 1 and tho little leader, to make the ground secure, < tore-timber the No. 2 from the Bright ; to the City of London boundary.' We then went down to Mr Maodonald's ; office, and afterwards went to the claim : We there saw McDonald, defendant. He , said" Well, George, what do you think of tho agreement now ?" Smith sail, "Idori't think anything of the agreement;, it is not the right one, and you <nowthat very wellj Mr McDonald." vloDonaldsaid,"How's that?".,-Smith said, " Che little lealer or the No. 2 is ibt in the McDonald said, " [s not the little lealer in .the agreement? If it.in not iu, it shiuldbe. Briugit to theoffloe, and we will, have'ic put in, as you have a right to overy inch of the little loader.;, All the shareholders thoroughly that you were to -wort every iaoltoj the little.le.ad.er.*"

With that McDonald went an ay. We started to work on the .Monday morning;.) on the little leader, breaking out quartz. We left No. 2. _ We were '■ working two . shifts on the little leader. Mo Donald was backwards and forwards every day while the men were working. He asked me once how the little leader was look* ing. I told him it was looking very well. / He said, " Have you seen any gold in tho little leader?". I told him " No." He then toldme a place where they had got gold when they put a drive along. He said, "It would not pay us to work it." He said, "You will make a .fine thing out of this tribute; it will pay_ for all the dead-work that is done." T said I hoped so, because we had done a good deal of dead« work and got nothing for it. A few daya after .1 was injured, when I ' was putting up a rise on the little leader. We had got a good paddock of, dirt out, a good deal from' the little leader, but there had been no crushing.—By, Mr Hesketh: We began to work on the little .leader about Christmas .tiraeii and v started the. drive, iWe. started, to work t on the little leader on the Friday morning, the 12th. ■ We knooked off the; No. 2'."i on the 10th.- We were only four or,five shifts on No..2,before.we..were stopped. For more than a week before the 10th we had begun to work on No. 2. • only been four or five shifts taking out quartz. We were working on the little leader from the 12th to the 16'h January continuously, two shifts. We did not fake the agreement to.the office to have the little .leader put in, because we thought we had a right to .No. 2 as well as the little leader. 1 ' We did 1 not take the agreement to the office to have the little leader'put in, and that is where we were wrong. The conversation was in the smith's shop. i We never had a crushing from No! 2 ot ■'•■■' the little leader while I was in the mine. The greater portion of the time was taken in cleaning out the No. 2. We under- . stood that we were, to fill in the, workings • on the .two' reefs and to work them. ■ !• <(■ could not fix the day when wo begau to.;. drive on No. 2. McDonald was down the -... <mine nearly every day. t remember him., , being down when we were working on N0.2. On.another occasion he saw,us when we were cleaning out the cross-cut to get at No. 2. On the first occasion it was in the morning when we were going to work. We were then, driving. When . we were knooked off No. 2 by Mr.'. MoDouald, we went up to tho surface to ; '.' look at the agreement. We intended to see if we could take proceeding* to got. ■, the,"No..2. We met McOabe on,the'"'" Karaka traiaivay. That was the only timo I have been present with Smith and had, conversation with Mo Jabe; When we began to work on the little leader, wo continued. Mo Donald saw ma-two or three times at work on the little loader. I might be truokiag quartz. from the leader. I had not seen gold.!. I never saw any of the other shareholders.. I had an interest in the oon'ract with Smith.— By Mr Macdonald: McDonald could see that we were getting .qnrtz -out of the little leider. No m*n with his eyes open , c'mld help seeing .that,—William Sims, <• Benjamin Palmer, John Wenzlick, and John Green were examined, but owing, to. j pressure upon our spici we are compelled, to hold over ouc repirb of their evilenca till to-m.)rro»v.-L'uo case was : -'i adjourned till the Uth of April., : '