The Prospectors' Claim

Thames Star, Volume VII, Issue 2011, 15 June 1875, Page 2

The Prospectors' Claim

The Warden's Court was then declared open, and Captain Eraser took his seat on the Bench. ' •' John Weaves was called, and the native objector*, Mati Poono and Tautoru were first heard. "Mr Dodd appeared for the natives. At this point Mr George Woodward stated that he withdrew his objection.

His Worship said the only objections remaining were those by the Maories, James Armstrong Miller, and Bergin land pnrty. With regard to the Maori objection, he did not think they need trouble about going behind the goldfield title. All he had to do was to recognise it as a goldfield made so by proclamation; •he had nothing to do with how it became & goldfield. Mr Dodd said that was just the objection on behalf of the Natives-which he had intended to raise—the Prospectors' claim was private property, and had jnever.", been ceded to the Government lor any one else by the Natives. He submitted that the first objection must be fatal, as there was nothing in the Act to enable the Court to grant a license to "mine upon private property. He was in a position to prove tbat the objectors had never been applied to by the prospectors, the Government, or any one, else for. the land.

i The Warden remarked that if Mr Dodd could prove that the ground was not within the goldfield proclaimed by Gazette on the Bth, it would save a lot of trouble, ■and the difficulties would be got quit of much quicker than he had anticpated. ' Mr Dodd , said he had only received instructions this morning, and produced his brief. It referred to the telegram from Mr James Macky, with reference to the promise of protection to the Prospector?, and after setting out the grounds upon which the natives' objection was based, stated that if the Warden refused to adjudicate upon the case, they (the objectors) would be compelled in their own interest to go to the Supreme Court for an injunction to prevent the Prospectqrs taking away gold from the claim until the title had been decided in the Lands Court.

The Warden read the telegram, which was published when the prospectors' application first came on for hearing. The map of the goldfield was produced, and the Warden pointed out -the different extensions.

i Mr Dodd laid there "were three other natives joining Matiu Poono and Tautoru,. namely, Mbanariui and two others. ' ,:| i Te Moanauui was present, and at the request of the Warden stated through Mr; Wilkinson, Native Interpreter, that he had given the others authority to bbject in his name ; and Matiu said he had received authority from the two others. His Worship said—Tell these people my opinion is that whether or no they have ceded their rights to the Government, it is my duty to adjudicate upon it as if their objection to the title had not been raised, the district having been proclaimed a goldfield by the Governor of the Colony. I will not give my final decision upon the matter, but will communicate with the Government before doing so. I The question as to the order in which the objections and actioift should be taken was next discussed, .

Mr Macdonald said in all the remaining cases he appeared for the objectors, and in the cases J. A. Miller and Bergin, he appeared with Mr Tyler. He had spoken to Mr Hesketh before the Court opened, and that gentleman had concurred, that it would ba better to commence with the objection of James Armstrong Miller, as, if the case were decided in favor of Miller, the practical effect would be to do away with the necessity of going into the objection of Bergin. Mr Hesketh said he .had Heard Mr Macdonald speak about the matter, b»t had not concurred in his suggestion. His Worship said what he desired was to get at the most simple and expeditious order. He did'not wish to go over a lot of evidence twica if by coming to some arrangement now tbat could be prevented. - i

. Some argument ensued. Mr Hesketh contending that they had no right to assume that either side was going to win. His Worship decided that it would be most convenient to hear the objection of Millar first. The Court then adjourned for an hour for lunch.