The Ohinemuri Miners' Rights.

Thames Star, Volume VII, Issue 2107, 5 October 1875, Page 2

The Ohinemuri Miners' Rights.

Select Committee's

Inquiry.

PULL REPORT.

[By Telegraph.]

(fbom ottb special cobbespondent.)

WELLINGTON,

Monday.

The following is the Report of the Select Committee on the illegal issue of Miners' Rights at Ohinemuri :.—

The Committee appointed to inquire into the alleged illegal issue of Miners' Rights at Ohinemuri has made very full inquiry into the matter referred to it. The evidence has been taken of various persons likely to be acquainted with the circumstances bearing upon the case. The Committee has examined on oath Mr Edward Torrens Brissenden, Mr James Maokay, Mr Gerald Richardson Disney O'Halloran, Mr Patrick Dillon, Inspector J. B. Thompson, A.C., and Captain Praser, Warden of the Thames Goldfield. Mr Adam Porter's evidence has also been taken in support of two petitions sent by him to tke House of Representatives, and referred to this Committee. The Committee has likewise carefully considered the Report of the Royal Commission appointed on the tenth of May, 1875, to inquire into the alleged illegal issue of Miners' Rights at Ohinemuri, as well as the evidence taken before that Commission in the Province of Auckland, a copy of which has been furnished to the Committee.

2. I am. directed to report that the Ohinemuri Goldfield was opened a few minutes after ten o'clock a.m. of the 3rd March, 1875.

3. That some'days prior to the opening arrangements were made by Mr Warden Fraser, and James Mackay, agent at that time for the General Government, that applications for Miners' Eights to be exercised on the Ohinemuri Goldfields should be received at any time previous to the date at which the field was to be opened ; and that the rights so applied for should be issued at Mackay Town as soon as possible after the reading of the proclamation, at 10 o'clock on the morning of the 3rd of March, by which the field was declared to be open, this arrangement being publicly notified in the Thames papers.

4. That the arrangement made to secure a fair and impartial issue of mining rights appears to hare been reasonable and good.

5. That the filling up of the Miners' Eights for which applications had been received occupied the evening of the 2nd March and till 2 a.m. of the 3rd March.

6. That the greater portion of rights so fillet up remained in the custody of Captain Fraser until a few minutes before the reading of the proclamation on the 3rd March, when they were given to the persons who were to issue them from the various compartments of the Warden's tent.

7. That 155 Miners' Bights'passed into the possession of James Mackay on the night of the 2nd March, and remained in his possession until 6.30' a.m. of the 3rd March.

8. That these 155 Miners' Eights were put up in several bundles or parcels, one of which contained fifty-three Miners' Eights for which Mr Brissenden had made application.

9. That on the morning of the 3rd of March, at. about 6.30 a.m., Mr James Maekay handed the whole of the Miners' Eights in his possession to his private clerk, Mr Gerald Eicbardson Disney O'Halloran, to keep for him.during the time he would be occupied while he visited certain survey or road parties.

10. That immediately thereafter, on the departure of Mr Maekay, Mr Brissenden (who was present when the rights were given into the charge of Mr O'Halloran by Mr Maekay) requested Mr O'Haliorau

to give him the bundle containing the rights for which he had made application ; that Mr O'Halloran complied with the request so made, and gave Mr Brissenden a bundle supposed to contain fifty-three Miners' Eights.

11.; That about two hours afterwards Mr O'Halloran returned the remainder of the Miners' Bights to Mr Meckay with* put informing him that he had given some of the number entrusted to him to Mr Brissenden.

12. That Mr Brissenden, in accordance with' arT arrahgemehf previously entered into with a person named James Smith, handed over at about 7.30 a.m. of the 3rd March, the Miners' Rights he had received from Mr o?Halloran to a miner named Patrick Dillon, with the intention that the rights should be distributed by Dillon to miners assembled on the Karangahake Spur, which was the centre of attraction of the Ohinemuri Goldfield.

13. That Dillon did distribute the Miners' Eights which ho received from Mr Brissenden in the manner intended before ten o'clock on the morning of the 3rd March.

14. That some, if not all- the rights so distributed were exercised on the Karangahake Spur after J.O a.m. on the 3rd March, but before the miners who were receiving their rights in a legitimate manner at the Warden's tent, Mackay Town, could reach the Karangahake Spur, and that this premature exercise of Miners' Eights prevented Adam Porter and others from acquiring ground which they were desirous of taking up.

15. That in the opinion of this Committee the Miners' Eights issued by Gerald: Richardson Disney O'Halloran to Edward. Toirens Brissenden at about 6.30 a.m. of the third of March were improperly and fraudulently issued by O'Halloran and received by Brissenden.

16. That three of, the rights, numbered respectively 643, 646 and 648, so given by O'Halloran to Brissenden were in the name of the said Brissenden; .and it would thus appear that he had a direct interest in the fraud committed.

17. That it further appears from evidence taken before the Royal Commission at Auckland, and from the Warden's books produced before this Committee, that several rights in favor of O'Halloran were included in an application made by a person named Robert Cashell, and that some or all these were exercised (and must therefore have been issued) before the proper time. ■ .

18. That it is. probable that the rights last referred to were given by O'Hallofan to Brissenden on the morning of-the 3rd March at or about 6.30 a.m., but the Committee is riot able .to M&y with certainty when or how these particular rights were issued. . "

19. That it does sot appear from any evidence before the Committ?e that Mr James Mackay was a party to the improper issue of Miners' Bights, except in so far as entrusting the rights to his private clerk. O'Halloran, may render him so ; nor does it seem that previous to the appointment of this Committee he (Mi* Mackay) had any knowledge-of the manner in which the rights came into the. possession of miners before the proper time.

20. That with respect to the petitions referred to this Committee by the House, signed by Adam Porter and others, I. am directed to report that the petitioners have no legal claim against the.Colony for losses which they may have ■suffered by reason of the improper issue of Miners' Rights, but that nevertheless, as a matter of equity the sum of £150 ought to be paid to Adam Porter and company to reimburse them for certain legal expenses incurred in an action arising out of the said improper issue of Miners' • Rights. —(Signed) John Bhyce, Chairman. '•