WARDEN'S COURT.

Thames Star, Volume VII, Issue 1933, 15 March 1875, Page 2

WARDEN'S COURT.

Fbiday, Mabch 12th. (Before W. Fbasek, Esq., Warden.) The next claim heard was that of Thomas Baibd and Paety. Thomas Baird said—That he came to Ohinemuri in October, 1868. He went out with Mr Thorpe, who showed him where he had got gold in the Ohinemuri River, on the left hand branch of the gorge. Prospected there a week. Left that, and went to the Waitekauri Creek. Came from there to Thorpe's. Went out in November, with four men — Charley Brown, Ben Brown, George Campbell, and J. Smith. Went up the creek, and got gold on the left-hand side of the Gorge hill—on the reserve. Got loose specimens with a little gold in them. Went down and told Mr Mackay at Thorpe's. He asked witness if he was aware that he was liable to a penalty of £50. Witness told him lie was. Asked Mr Mackay whether he had any chance of securing the ground, and received- a negative reply. Asked Mr Puckey, who gave him a similar answer; also spoke to Mr Williamson the late Superintendent, who said he could do nothing for him. He went from there to the Aroha mountain, and followed prospecting. At this point Mr Barry came forward, and claimed that the Court be adjourned in order to admit of others preparing their statements. He had discovered gold in 1867. Benjamin Brown said —He had been with Baird in 1868, prospecting the Ohinemuri country. Got some specimens on the spur which.was reserved as a prospecting claim. Got some down by the river and on the top of the hill. The party consisted of Baird, Campbell, Brown and Smith. Baird picked some up, and Smith; also. Didn't believe the specimens were shown to any one. Shifted then ifco the Waitekauri. He then went to Auckland and came up again in June. Iheir party then prospected up to the Aroha. Got their grub mostly from Thorpe's during the time. O'Neill and Paett. \ This caie was next taken.

Patrick O'Neill—Came up in September, 1868, with five others, named in the application—J. McNogue, Michael MeQuin, Martin McGauly, J. Smyth and Patrick Dillon. Smyth at that time was mates with Coleman. They divided, three in each party, witness and two others stopping at the Gorge, whilst the other party went up the Aroha. They separated about 1 or 2 o'clock in the morning. Witness camped to the right of the creek. On going over the spur, witness picked up a piece of stone between 4 and 5 pounds weight. Saw gold on the corner of it, and handed it to his mates, who came to the conclusion that it was gold, after scraping. Brolce up one or two pieces. Broke the golden stone into several pieces. Could see no indication, upon looking, of any previous parties working. They then Vent in, Smyth Dillon and McGauly (the other three) coming back a day or two aftfsr. They said they had seen Baird's reef, at the Aroha, and others, in wbich there was good looking stone, but no gold. In accordance with agreement, he brought the others out to see the spot. On this journey they found more gold in the stone which had been broken out, the gold being thickly impregnated in the stone. Saw a survey lihe on the opposite side of the gully, and a tunnel which had been driven by some party about 13 feet in. Noticed, a leader there about one or two inches thick, but could see no gold in it. The third time they determined to put a trench across the point of the spur in order to trace the gold. They cut seven feet deep, but only got bottom at one point, on a barren kind of reef. In the meantime a number of natives passed on the * opposite spur. They (witness and party) heard the natives, and had to lie down. As they could not hide the earth when they threw it up, they decided upon returning it, as there appeared no immediate prospect of the country being opened. Witness showed the stone to several parties, including Messrs Walnutt, Coolahan, Mulligan, and others, and got one piece tested at the Bank of New South Wales. Mr Jevoris told witness the value of the gold was ;S3 8s an ounce. Looked for workings by other parties, but could find none. Witness heard of Thorpe and party being out, and that they had found rich reefs. Asked Smyth frequently if he had been ewer the ground since, as he had a suspicion that he was bringing strangers to it. Asked him about six weeks ago if he liad any intention of applying for it. . Smyth said no, that Coleman and he had better shows elsewhere. Smyth : That's a lie ! Continued: About a month ago, he went over the ground with a man named Scanlan. Subsequently showed it to Mr Curtis of the Pacific Hotel. Advised his mates not to apply for a prospecting license, as he believed that no one would be allowed a prospecting claim, Dr Pollen having stated so. No application was in consequence made, There were no other witnesses for O'Neill and Party. O'Neill said he had learned that Smyth, Coleman, Thorpe and Party had been advised to amalgamate, to oust some of their own mates. O'Neill further stated that if any party could show that they had made a prior discovery, he would forego his claim. Smyth and Party.

James Smyth: Came to Ohinemuri about 1869, by himself. Fell in with two men. Went put about three weeks. First prospecting he did was up the spur in* the bush where the reserve is. Found several reefs there, but got no gold in them. Some time after that went to the Aroha, in company with Dillon and O'Neill. Were prospecting there about twelve days. They came in again. O'Neill had a tracing of Tom Baird's reef, and Dillon, witness, and another went out again to ffKk for the reef. O'Neill stopped herewith two others. They came in againv.jj^iiid they had found no gold. He said'lipiad, and, to the best of witness' belief, said he had found it on this side of the river. O'Neill took them on to the reserve, and showed them some loose stone with a little gold in it. Next time witness went on the ground was in company with Dillon. Sunk a shaft about six feet, but got no gold. There was some work done on the spur, witness believed, by Dillon and O'Neill. Dillon told him they got gold in it, but witness could find no gold there. Next time went on the ground, sunk a hole down by the river. Got a little loose gold in it. Dillon thought nothiEg of the place. Next time he went out in company with John Blake the half-caste. Then went to Shortland and stopped there for sometime. Afterwards came out with Coleman, Ellis and Hogers. They were up about twelvemonths before witness said anything to his mates about the goldion the spur, as he concluded he had no right to show it to any man in justice to Dillon and his other mates. After that found that Dillon and O'Neill thought nothing about it, and so considered it better to try and find if there was payable gold there., They then started prospecting, and worked for Mr Creagh to sustain them while engaged in!that occupation. Followed the gold from place to place, and in many places got stone carrying the color, but could not get the reef for some time. Spent about six months altogether, and had done all the work there except one cutting. Found the reef, got gold in the stone, and crushed a good deal from time to time. Had no doubt in their mind that the reef was payable. When they found the reef to be payable, Smyth macle application for six acres to the Superintendent, who promised to grant it if Smytlrs (representations were found to be correct. When he applied for the ground he had intended fully to give Dillon and O'Neill a share if he got it. He did not tell O'Neill, because he did not consider he would have discretion to

keep silence. Never told any man that there was payable alluvial gold in Ohinemuri. Had said he believed there were payable reefs, but would have to be worked for. The application was made to the Superintendent in 1874. In answer to the Warden, Smith said he would not now give O'Neill a part of the claim, as ho believed that person to be the cause of all disputes. James Mackay, junior, said: I will give what I know of the gold discoveries, having been connected with the district since 1864, at the time of the Native war. There were residing in it one American, suspected of selling powder to the Natives, and two European deserters. At that time it was not safe for any European to be in the place. Thia state of affairs obtained until the year 1866. The old settlersThorpe and others—could not live here at that time ; and I, though well known to the Natives here, came on several occasions at the risk of being shot: and I feel certain that the only persons who procured gold here previous to the year 1867 were—Eing, in 1852, and Colonel Chesney, of the Royal Engineers, in 1862, the year before the war. And in 1863 a Native, named Napier Te Ngarara, found gold at Eotokohu —a place four or five miles from here, not that which is generally known by that title, but where the surveyors we're camped when marking off the boundary line of the goldfield. The Moari had been on the Nelson Goldfield, where he had picked up some knowledge of goldmining, and he cut a slip in the hill, which had caused the diversion in the 'water from one to the other side of Mackaytown. Napier, early in 1864, showed me gold which he had found, and which you will find duly reported in my report, April, 1864, signed by me as Assistant Native Secretary. He showed me gold by Thorpe's place. In 1866 Mr Walter Williamson and Smallman obtained permission, through me, of the Natives at the Thames, to prospect Tor gold on the land belonging to Taipari, between the Hape and Xaraka Creeks. I also got permission for them to prospect at Mercury Bay. The statement made by the first witness to-day refers to Mr Williamson, in my opinion. The meeting spoken of as having taken place in July 1867, relates to the Thames Goldfield, and not to Ohinemuri; and the gold which led to the opening of that field was found by two natives, and the agreement thereupon transpiring, corresponds with the date of the extract of July 1867, produced by the first witness. The next time we heard about any gold at Ohinemuri was during the end of 1868. I was going down to the Thames in a rather primitive cutter belonging to Turner. The occupants of the boat were—Turner, Passey, Alex. McKay, Arnold and myself. I was shown gold, and told it was obtained at Ohinemuri, early in 1869. I was engaged at that time turning trespassers off the .^hinemuri block. James Smyth came to me at Creighton's settlement, and asked me whether he must go with the rest, and I told him yes. He said it was very hard, as he had found gold. I said he had better keep his knowledge to himself, and when the place was opened, he could come and find it again. He told me it was on that hill (pointing.to the Karangahake. As an officer in the Government service, and since I have left the service, people have told me of finds in different directious; but they referred to the Waitekauri and Waihi. With respect to the claim made by Logan, I have not known him for any lengthened period. The first man that has spoken to me for the last six months, was a man named Beeche, who was introduced to me by Mr Allom, and told me that he had found some gold. I asked Beeche about it. Beeche said he had found the gold at a place pointed out to him by a Maori—Hoera. Beeche said he had found it on the burnt spur at Karangahake. He said he had applied to Allom in your (the Warden's) absence, and that Mr Allom told him the Warden had no power, and he had better apply to the Government. I told Beeche I would take a note of his claim. Shortly after Logan came to rneand said ho had made an application to the Superintendent, and that he had found gold. His application appeared to clash with that of Beeche, in consequence of which the two parties met and came to some arrangement, which was broken up when they found there were other claimants. Thorpe represented, that he, Arnold, McKay and Holes, were the same party, that they had found gold, and drew my attention to it when they had surveyed it in 1869, with the view of getting it passed through the Native Lands Court—also that I had consistently opposed them in attaining it, and they had hot got it in consequence. The ground surveyed was 144 acres .3 roods and 30 perches, which enclosed reserve A. (A map of the survey was shown.) After Thorpe made this statement to me a meeting was held by all parties on the ground, at Bennett and Cassrell's on the ! 22nd. I am sure there were representatives present of Logan's, Beeches, and Thorpe's parties. They had a great deal of argument as to who first discovered the gold. I told them they had better all go^in together and apply for a prospecting claim, and divide it into three equal parts—Beeches Thorpe's and Logan's. An application was put in to the Government dh behalf of the whole. The Natives wanted the whole 144 acres, but I told them the most they would get would be 30 acres. I said I. could not tell what quantity the Government would give, but would recommend their application. I was not at that time General Government Agent, but Land Purchase Agent, paid by commission. I may say that Mr Logan, although he states what I believe to be incorrect about Mr Allom, forgets to say he offered me one share in his claim, which I refused to accept. The application for all three parties was then sent in, and I recommended it. The Warden produced a document.

which was an application dated December, for Thorpe. Mr Mackay referred to his note-book and found by entry there that the application on behalf of the combined interests was sent in on the 23rd Nor. instead of 22nd January. Logan asked Mr Mackay why he consented to give to three and leave Smyth and Coleman out. Mr Mackay said Smyth made no application at the time, and he (Mackay) did not even know the exact locality of the ground then. His only desire had been to settle the dispute. Just here Mr A. J. Allom came into the tent and asked the Warden to be permitted to say a few words, as he had learned from Mr James Mackay that something had been said which, was prejudicial .to his (Mr Allom's) character. Mr Logan: If it is a libel take it to the Court. It will be known to the public through the press, and if its a libel you can take an action against me. . (A voice: What can he get from you ?) The Warden : If you have anything to say in evidence touching the claims under consideration X can hear you, but I am not here to enquire into the character of anyone. -. } Mr Allom said he would confine himself to giving what he knew of the case, and then made the following statement: — Both Logan and Beeche came to me for information as to how they should proceed in order to procure a prospector's claim. I gave them advice and information to the best of my ability, in the same way as I would for any miner on this field, and as I have been in the habit of doing at Hauraki. Beeche came to me at Pukeleawairahi. He told me he had found gold. He said it waa in possession of his brother at Shortland. I advised ' him to send it to Mr Mackay, and it was | sent to Mr Mackay through, my hands by his brother. Beeche afterwards offered me an interest, and kindly pressed it on me, but I refused, as I had, I considered, done nothing to deserve it. Some months elapsed, and I found that Beeche and Logan were quarrelling. At the time of my communication with Bee"che, I did not know of the dispute ' between them. Beeche, being a man of his word, offered me the share again, and I again declined his offer. I have only to remark in connection with what has been said about me, that Logan thought I was corruptible ; Beeche knows better. Dixon here came forward, and, informing the Warden that he had been in the country since 184.0, protested against the Warden giving a decision until everybody had been, heard who might lay claim to the ground. The Warden then informed the miners that it was 5 o'clock, and he would adjourn the Court and meet them again at 7 o'clock.