WARDEN'S COURT.D

Thames Star, Volume XII, Issue 4006, 31 October 1881, Page 2

WARDEN'S COURT.D

THIS DAY. (Before H. Kenrick, Esq., Warden.) CHAS. MCLEAN V. C. A. COBNES.

This was a plaint for the forfeiture of the Just-in-Time claim at Waitekauri, on the ground of non working.

Messrs Whitaker and Cuff appeared for the plaintiff, and Mr Miller for the defendant. All witnesses were ordered out of Court.

Charles McLean deposed that he laid the plaint in the present case.

To Mr Miller—He had some conversation with William Snodgrass re the case, but they had no interest in it, except as witnesses. Had had no conversation with Snodgrass, McWilliams, Porter, Vaughan, or Jones re giving them an interest if he succeeded in this case, nor had he received a sixpence towards the expenses of the action. '

0. A. Comes, sworn, deposed—He was the defendant in this case; knew the Just-in-Time claim ac Waitekauri.

Mr Miller here made an objection to the manner to the manner in which the plaint was laid, but his objection was over ruled, the plaint being amended by the Court.

Ex. continued—He first pe&geti out the claim with four pegs on the 22ud August. He gave notice of pegging out on the 22nd of August, but then he only put in two pegs, and therefore the notice was false. He took Snodgrass with him some days after, and on that occasion he put in two more pegs. He gave notice of abandonment on the 19th August (produced). He gave notice of pegging on the 22nd August. This was first time he put four pegs into the ground. .No one was with him then. He authorised Snodgrass to give notice of abandonment of the pegging out on the 22nd August. He also asked him to give notice of re-pegging at the same time. Snodgrass left Waitekauri on that morning about eight a.m., and he re-pegged the ground about ten a.m. He had done some prospecting on the ground, and his son and another mail also did some. His son had a miner's right, but witness was not sure whether he had one when the gold was found on the Just in-Time claim. (This miner's right was produced, and was found to be dated the 26th September, a month after the gold was found.) He had sold some shares in the claim, and also given some away, but these persons were not bearing any proportion of the cost. Wm. Snodgrass deposed that he went with Comes about the 4th August to peg out the Justin-Time claim at Waitekauri. On that occasion he helped Comes to put in four pegs on that date. Oue of the pegs which Comes had previously put in was pulled oat, and another put in, as it was too small. He was positive the claim was pegged out on that date. He was several times on the ground after that date and saw three of the pegs he had helped to put in, but did not look for the fourth. No bona fide work had oeen done on the ground, only prospecting. He did not give notice of abandonment or re-pegging on the 29th; he saw Sergt. Russell on that day, but he was too busy, so witness gave notice next morning. On the morning that he and Comes pegged out the ground they saw Mr Comer, and Comes wanted to sell the ground to him, but nothing further was done in the matter.

To Mr Miller—He did not expect to get any interest in the ground if McLean won this case. The ground pegged out on the 29th August was the same as he and Comes pegged out on or about the 4th of August; he had since been on the ground and seen the whole 4 pegs. Sergt. Russell, of Paeroa, gave corroborative evidence re the pegging and abandonment referred to by the witnesses.

Court adjourned to 2 o'clock.

On resuming at 2 p.m., J. Me Williams was examiued, and deposed that in repegt;mg the grouud on the 29th August, only one of the four pegs was shifted at all. Wo regular work had been done on the claim.

Tuis concluded the case for the plaintiii^ and the case for the defendant was then proceeded with, C. A. Conies being the first witness examined. [Left Sitting.]