WEDNESDAY.

Thames Star, Volume VII, Issue 1965, 22 April 1875, Page 2

WEDNESDAY.

The Court was re-opened this morning at 12 o'clock for the further hearing of evidence touching the alleged "illegal possession of miners' rights on the morning of the 3rd March.

A. J. Allom, examined by Major Keddell, deposed—The miners' rights •tated by Captain Fraser to hare been handed over to Mackay on the Tuesday were not delirered by me personally. I received the money for them, £102, and also, at the same time, the cheque of Mr Brissenden for £40, and possibly some cash. On the Wednesday, when I went to Sub-Inspector Newell V tent. I was called up just after I fell asleep by, I think, Mr Dunnett; it may hare been Homebody else. The effect of Mr Mackay's message to me was that Mr Mackay. wished to see me, as Mr Mackay had not enough rights to correspond with the tickets, or something to that effect. I got up, and went to Mr Mackay in his own tent. He complained that he was short 14 miners' rights. I made search, and afterwards found the application paper, JN"o. 255, in the dust, from which it appeared clear that these miners' rights had been given to Mr Mackay. I then gave Mr Mackay the paper with the understanding that the miners'rights should be made out in the morning. So far as I can recollect Mr Mackay sent for me again at daylight, and asked me for one of the books which had been used on the previous evening, and which were then in my custody. I believo he wrote out the miners' rights himself. I don't know how many, but I suppose ho made out the 14. - t Major Keddell here read the following letter, sent to him as conductor of the enquiry:— " Honobkd Sib,—l beg to tall you Mr Brodie, of the Waiotahi Creek, at Grahamstown, said Mr Allom agreed to give a man his miner's right before the proper time, and he told Mr Bullen, and that Captain Fraser and Mr Bullen stopped the man at the back of the tent.— I am, honored sir, yours very respectfully, "J. Smith." Mr Allom—l have simply to say that that is absolutely false. I indignantly deny such a statement. It is probable that that may allude to what I referred to yesterday. Major Keddoll said ho thought it right to state to Mr Allom, and publicly, that he (the Major) had had the letter in his possession yesterday prior to Mr Allom's evidence, as, if ho had read it before, any evidence given by him might^havolhnd" an unfavorable coloring. Mr Allom's evidence continued—l would like to repeat, that if I had given the rights out of the back door after ten o'clock there would have been nothing wrong in it, save that it would be contrary to instructions.

Major Keddell asked Captain Fraser if he wished to put any,'; questions which would elucidate the matter, inasmuch as the enquiry had originated on his complaint.

Captain Fraser replied that [nothing further struck him as being necessary. Mr Macdonald put in a written statement by Mr Mackay, as that gentleman was absent. Mr Mackay would possible be present before the enquiry terminated, and he would then be enabled to give any further testimony that might be required of him.

Major Keddell read the statement as follows :—

Statement by James Mackay, Junior, Agent General Government at Ohinemuri, relative to the issue of miners' rights at Ohinemuri on the 3rd March, 1875:—At the request of a

large number of miners who waited on j the Hon. Sir Donald McLean on board I the Colonial steamer Luna, it was ar- I ranged that miners' rights could be applied for before tho issue of the proclamation of the Ohincmuri district as a goldfield, and that tho same would be made out between the time of application and the publication of the proclamation. When the Hon. Dr Pollen arranged the time for the-issue of the proclamation, I, in accordance with his instructions, sent a notice to all the newspapers as per document A, annexed. In the meantime the Warden (Capt Fraser) who was not then appointedi issued a notice which conflicted with the instructions given to me. It would also have been questionable whether the pegging out of claims under tickets would have conferred a legal.. title to a . claim. I append Captain Fraser's notice marked B ; also vide sections 5 and 6 of Regulations in Government Gazette marked C. I then issued notico marked D. In accordance with that notice I, on the Ist and 2nd March, 1875, received several lists of names, and money corresponding therewith, to be applied to the issue of miners' rights (several of these were for natives). I applied on the 2nd March for these, and paid the .money in respect thereof. Mr Aliom, the Mining Eegistrar, delivered to me miners'"rights equivalent to the money I paid to him. I duly issued the same after the proclamation on the 3rd Marcli 1875. I did not issue any miners' rights to any person whomsoever before the completion of Captain Fraser's speedh and Ms reading of the proclamation, arid I have no reason to'suspect that any other person did. I had some twelve or fourteen bundles (which, with the exception of Takeri te Putu, and two bundles for which no applicant then appeared) were all delivered to _ the applicants or their representatives in about three minutes after Captain Fraser ceased speaking. (Signed) James Mackay Jtjn. Agent General Government. Auckland, 16th April 1875., P.S. The two bundles of miners' rights not applied for were returned by me to the Mining Registrar, (Mr Allom). James Mackay. Jun. documents appended. A. —Thames Advertiser Extra, dated Auckland, Saturday, Feb/27, 5.15" p.m., re opening of Ohinemuri, signed—By order, James Mackay, . Agent General Government. B.—•Advertisement containing Notice as to course to be adopted by parties wishing to obtain miners' rights, and also as to arrangements which .had been made in connection therewith, dated, Thames, 27th Feb., 1875, and signed

W. Fbaseb, Resident Magistrate. o.—Auckland Provincial Government Gazette No. 11, Vol. XXIV, dated Wednesday, March 3,1875. D.—Advertisement containing Notice as to course to be adopted by persona wishing to obtain miners' rights, &c, dated, Grahamstown, Ist March, 1875, and signed James Mackay, Jun., Agent General Government.

Major Keddell read a telegram from Mr Mackay accounting for his absence by domestic affairs which required his presence elsowhere. Eobert Bullen, Sub-Inspector of Constabulary at Shortland, deposed—l was also in charge of the Constabulary at Ohmemuri on the 3rd of March. I have read letter marked 18. I remember seeing Mr Brodie oh the morning of the 3rd. He called me from the back door of the large tent from which the miners' rights were issued. This might hare been about 20 minutes before the proclamation. At this time I was in company with Sub-Inspector Newell, inside the large tent, arid preparations were being made then to issue the miners' rights. I went to Brodie. He said, or in words lo the effect, "there is some swindle about to be worked here, and I hope you will take steps to prevent it." He further added that he had received information that it was intended to pass miners' rights out of the back door; I asked him for further information as to who was suspected. He was very reluctant to tell, but upon being pressed he told me in confidence. He heard —his informant told him—that it was Mr Allom. I placed a constable at the back door, with instructions not to allow anything to be passed out of the tent. The proclamation was read, and there was nothing passed out of the back door. I was in the hut all the time during the issue of miners' rights, looking on. I stood in the rear of Mr Dunnett, one of the clerks. I took no part in issuing the rights. I say this because when he was looking for a number, being pressed by applicants, and having overlooked it—No. 32,1 think—l picked it up, and said) " there's No. 32," and gave it into his hand. Immediately after this, I left the tent, and proceeded on my road to the prospectors'claim. John McKenzie deposed—l am clerk of the Warden's Court of tho Haurnki District. I was employed at Ohinonmri, receiving applications for rights, arriving there on Monday, Ist March, having received instructions by telegram on Sunday, 28th February, from Captain Fraser. My instructions were to see Mr Mackay, ana I did see him, accordingly, on the Sunday night. He directed my attention to an advertisement in the Advertiser, signed by himself, and told mo to be guided by that. The arrangements previously made by Captain Fraser were altered.. On Monday Mr Mackay told me at Mack ay town, that I was to receive written applications for miners' rights, and to receive money on that occasion. I did so receive applications, commencing at about 8 o'clock the following morning. I suggested to Mr Mackay, and ho agreed, that I should give a ticket bearing a number corresponding with application to each applicant for presentation on the morning of issue. I had been supplied by Captain Fraser with a number of pinkcolored tickets which were to have been used under his previous arrangement. These I adapted to Mr Mackay's arrangement in tho way I described. During tho whole of Tuesday, until, I think, about 6 o'clock, I continued to receive applications. On resuming work at about a quarter-past 7 o'clock, Mr Allom took over from me the money I had received during the day, in his capacity of Beceiver of Goldfields Revenue. Ho also took my place in receiving applications and issuing tickets. I explained the method, or rather, Capt. Fraser did in my presence, to be adopted. lat any rate, explained to him the meaning ana

use of Iho tickets. Mr Allom received ail monies after that, and I received none. I afterwards assisted Mr Dunuett in supervising the clerks who were making out the miners' rights from applications received. Capt. Fraser gave instructions that no further applications were to be received after 10 o'clock on Tuesday night. The timo had been extended, it having been originally intended to atop about 6 o'clock. I went to bed at about 10 o'clock, having previously given up all charge over miners' rights which then remained to be written out, to Mr Allom. The next morning between 9 and 10 o'clock, I received certain bundles-of miners' rights from Captain Fraser when I was in the station allotted to me, and marked 7on plan. After Captain Fraser had read the proclamation he stepped forth from the place where he had been reading it, and gave the order, "Now, gentlemen, issue miners' rights," or words to that effect. Immediately on receipt of that; order I proceeded to issue as tickets were presented to me. Nobody presented a ticket for which I had hot a bundle, but a few bundles were left as the parties had not applied for them. All the books, forms; miners' rights &c, which? wereSn my charge were handed over to if r Allom upon his arrival on Tuesday evening, and were not subject afterwards under my charge. After the distribution of the bundles of miners' rights to the officers intrusted with their issue, it would be utterly impossible that any person could have been supplied from those distributions before the order given by Captain'? Fraser as previously described. I re-' ccived no applications from Mr Mackay,' nor any for which I did not give a ticket. Just shortly before I left the tent, at about 10 o'clock on the Tuesday night, I saw Mr Mackay make some applications to Mr Allom. Court adjourned for an hour. After the adjournment— Adam Porter deposed—Am a miner residing at Ohinemuri; On Wednesday, •3rd March, I wa3 at Ohinemuri, and was at the place where miners' rights were issued, for the purpose of getting .rights. I got the rights from the place of issue, and proceeded to Karangahake. I had a ticket—number 3—and I had also another ticket. I handed ticket No. 3to Mr Home. Another person got the rights on tho other ticket. When I. got my rights, I got a horse, and proceeded to JKarangahake spur. No one passed me on the road. When I got up to the claim, known afterwards as No. 1 South, I found that three different parties had pegged off ground, and, I believe;* were in possession of miners' rights. I did not see any at that time, but, afterwards, Howard, one of the parties, told me that they had miners' rights before I left the camp. With regard to another one of these parties, Cashel told me that he had received a miner's right previous to the hour of ten o'clock on the Wednesday morning, 3rd March. I was the first of the many who started from the camp. The first lot of miners' rights issued from the booth at which I applied, were given to me^ I believe it is impossible for the parties I found on the Karangahake spur to have obtained their rights in the same manner as I did, and at the same time, and be up on the spur before me without being seen on their way thither by me. Those miners' rights up there at the time being likely to affect my title, I went to Auckland for legal advice, and on coming back I was informed by one of the plaintiffs in the action, Denis Sheehan, that he had supplied Howard and party with miners' rights, believing that they were going to peg out his own on the Waitekauri District, and not on the Karangahake, where they did peg. Denis Sheehan said he had supplied them early on the morning of the 3rd March, but that there would be no danger in its being found out where they came from. Brodie told me that he imagined that somebody would give out the miners' rights before nine o'clock. He asked me to watch the back door of the tent while he went to fetch Mr Bullen. This was about nine o'clock. He fetched Mr Bullen and spoke to him about it, and Mr Bullen then went inside.

George Dunnett deposed.—l.was first employed by Mr Mackay on the Ist of March, to receive the applications for miners' rights from Mr McKenzie and superintend the making out of the miners' rights, which was done by six members of the Armed Constabulary. My business was to ; see that they were made out correctly. I commenced this" duty, on Tuesday morning, and continued on day" and night until about 3 o'clock in the morning of Wednesday. It may have been two o'clock, or it may have be«h three. I could not say as I did not look at the watch. Mr McKenzie was- working -with me until after seven. Mr McKenzie was receiving applications up to six o'clock. He was assisting me and looking after the Constabulary men after that. I don't think he had any particular duty after that. I could not say who was receiving applications at this time. Mr Allom came in late in the evening. Some of the appliea* tions wore handed to Captain Fraser. I was not present at the eontpamou. I have a dUUaefc reeolleeUoft «f tteing the applications' up k\ bundles ews^ipandiog to the numbers <lv£ tbe snifters* Tights hi tho book, 3!b©y were put into the ballot box, I think. I handed Mi Mackay his lot. Nobody told me. All the rights for which tickets were given were made out first. I mean those given by Mr McKenzie. I saw Captain Fraser get his. I don't think they were compared at all that pight. Now you have referred me to Captain Fraser's statement I believe they were compared by the writers, but not by me. After; these applications (247) were made out, then Mr Mackay's (248) were made; then Mr Brissenden's applications. (made through Mr Mackay) were, made. Mr Brissenden was in the tent late in.the; evening. Brissenden's application was marked " Brissenden, per Mackay.'That was the dnly reason I had for knowing that it was his. I .believe the rights were given to Mr Mackay. I handed more than one bundle to Mr Mackay. I was one of thelast toleave. I remember before I left the tent to goto bed Captain Fraser had one'portion Jof theminers' rights and Mr Mackay had the other. I was situated in the tent as described by plan. Next morning (3rd March) I was in the tent before ten o', clock, and was directed to take my position as shown in sketch, No. 7. I had 35 bundles of miners' rights corresponding with numbers of my compartment, from 1 to 35. I compared them. After the proclamation .was read Captain Fraser gave the word to cbmmenco to issue. It was not possible for any of the clerks entrusted with the distribution of the bundles tq giyo out any before the time without being observed.

The instant the word was given the rush for applications commenced. Couit adjourned till to-morrow.