WARDEN'S COURT.

Thames Star, Volume XV, Issue 4884, 4 September 1884, Page 2

WARDEN'S COURT.

THIS DAY.

(Be"ore H. KeaVcV, Esq., Warden.)

Illegally Cutting Timber.,

Chas. Manuel! was charged by ths Mining Inspector with cutting kauri timber near Tapu without, a license aDd without paying 25s per tree. Mr Miller appeared for the MiniDg Inspector, and Mr Lush for the accused, denying the charge. All witnesses were ordered out of Court.

F. J. Burgess, sworn, deposed that he was receiver of Revenue for the Hauraki Gol'dfield, and had been so since June, 1880. He produced the book containing the duplicate record of sales of kauri trees. Defendant had permission on the llih October, 1883, to cut 20 tress .opposite Brokensbire's section ; up to the end of Jan., 1884, there were no other sales fp Mr Manuell in (his part of- the district. On March'lOlh, ]883, defendant bought 20 trees in the Black Swan Creek, opposite Johs73tone*s sec ion, such trees to be cut within four months. On May 2, 1883, defendant bought 40 trees in the same locality, 20 being afterwards transferred to M. Casey—aix months being allowed him to cut them in. These 40 trees were all defendant had the ri.^ht to cut in (he Black Swan creek.

Mr Mr Lush—On December 23, 1880, Thos. Davidson bought four frees in the Blade Swan Creek, opposite Johnslone's ; W. Johnsto^ne bought one tree,, same locality, in October, 1883; and in same month M. Vaugban bought 20 trees, at the back of Jolmstone's selection.

Carlton Hollis James Hill, Crown Lands Banger, deposed that he inspected the kauri bushes in Tapu district in February last. (Map of district visited and memorandum book of visit produced, and the witness pointed* out the places he found the treercut.) Found sixty-five stumps of kauri trees opposite Brokenshire's and Manuell's sections;, they appeared to have been cut in the two or. three years previous. Manuell said he had only cut four in (.his district out of the 20 bought, and had sold the remainder to ft. M. Hawkes. A men named .Rogers said ho and two others had cut 10 of the trees for Alanuell. Afterwards went with W. Good, junr;, to the Black Swan Creek, where 105 stumps were found, mostly those of newly-cut trees. Saw Manuell,' who told him he had cut 35 tress, but he was entitled to S5, having 60 iv his own name, 4 in Davidson's, 1 in Johnstone's, and 20 in Vaughau's. To Mr Lush—Good told him 105 trees had been cut by Manuel.

W. Good, senr., deposed that he lived about two milea from the Black Swan Creek, Manuell faal been catling timber up there for about two years, judging from the number of men employed by Manuell, ttnd the quantity of shingles and sleepers cut, they must have cut more than 35 trees up to the time of Mr-Hill's visit; the nu-nbar must have been nearer 100.

To Mr Lush—Had never, been up to the Black Swan bush. Had himself cut five or.six trees opposite Brokenshire's selection ; two by Manuell's order ; he declined to say for whom he cut the other three trees—they were not marked. He could swear that none of the timber cut before Manuell started came from the place where the 105 trees were cut, because there was no road to that place then. W. Good, junr., of Tapu, deposed that he knew the patch of kauri in the Black Swan Creek ; assisted Manuel to put the road in. There was no road in to it previously, nor was.any kauri taken out of that patch till then. The road was put in in March, ISB3. Manuel!°had been cutting trees for about 4 months before tiie road was made ; the road being made to bring the timber out. Some 12 or 13 trees had been cut before the road was made. Went over the patch with Mr Hill; found 105.stumps. Told Mr Hilt that most of the trees were cut for Manuell—he thought 60 or 70. Near. Brokenshire's, at the back of Ludwig's, there were about 20 trees marked M; 13 of those were left standing when he finished cutting for Manuell, -■

To Mr Lush—Did not tell the truth when he said to Mr. Hill that Manuel cut the whole 105 trees. Had a reason for doing so.. Some timber had been cut from the Black Swan patch before Mr Manuel 1 started work ; did not show Mr Hill all the treesMatiuell cut. Knew that Maauell was cutting trees in that bush, but could, not say of his own knowledge how many he cat. Besides Hawkea and Manuel!, he

did pot know of any one cutting, in the Black Swan patch. Thos. Davison disposed to catting five trees in the Black Swr&nbush; Manuell was the only one whom he knew employed men in the vicinity. Of the four trees he bought, sold three to defendant, and cut the remaining one. H. Kogsrs deposed that he helped Manuell to mark -88 trees, in 1880, near Lud wig's and witness' selections. Manuell having fold him not to give information to any Government official, did not point out the marked trees to Mr Wilson late under viewer. Manuell afterwards told him that in.taking Mr Wilson through the bush he had led him a nice dance, and that he would be a fool to pay for what he couid get for nothing. There were 75 trees standing marked " M " m the Black Swan bush in September last. Did not know of anyone ji side Manuel working, in th& Black Swan bus.h; should think he had cut qui'e 100 trees, certainly more than 35.

To Mr Lush—Had cat two trees without a license before Manuell went to the. Black Bwan bush ; one of them was filled for a. beehive, and was afterwards marked by Manuel!. Had not been threatened with proceedings if he did not give evidence against; Manuell. Ifc was a custom in the d strict to cut trees without marks on them; everyl:ndy did it. In splitting shindies, the employers always f >u»d the timber. When Mr Mill came to the district lie only pointed out to him the tea slumps of trees cat by Manuell at the back of his place; there were others there which he did not point out. He and Manuell were not on good terms. ,

To the Court—The 75 trees at the Black Swan did not include the 38 near his selection; some of the latter were still standing. .

Julia Rodgers, wife of last witness, de« posed —Just before Mr Wilson came, Manupll came to me and said: ".There's one of those blamed Government men coming down about the kauri trees; I want you to tell your husband not to show him the trees at the back of the house. I don't see why we should pay for trees we can get for nothing."

This closed the case for the plaintiff.

Chas. Manuel deposed that he had 85 tvee3 in (he Black Swan Creek, and 20 in, the Kaka Creek. He had cut up to last February 35 trees, leaving 6*o uncut. The trees were large, and were very scattered, the 105 mentioned extending over at least 200 acres. He had made several roads to the various clumps. Persona had been witling in the Black Swan hush before he went there. He was quite clear that lie had not cat more timber than he had bought. He had owned 20 trees near Brokenshires ; 4 he had cut, and 16 sold to J{. M. Hawkes. Did not tmya-fcree be* hind Sodgerf', nor did he give Tiodgerg aoy ruthority to mark trees fov him. He th?n explained hu agreements with the shingle splitters. The trees behind JSodgeis' were not cut for him. The tress were marked without his authority. He

was led to believe that sever d tree 3 were unaalhoritatrv.ely marked. What Mrs Bodgers had stated was untrue. Never went with Eodgevs to mark trees, but was with Rollers when the latter marked certain tre?s. The reason that Kodgers had marked some trees, hei supposed, was

that he had bested Tasey. To a certain extent Eogershad marked trees with his'authority, but the trees were nob officially marked, they were merely "touched" with a knife, so as to see if they were worth buying.

Wm, Deeble.deposed that he was eon» nested with Manuell in Tapu timber transactions. Went with* defendant to sea certain trees, but they were not in the localities in dispute: (Jokers did not receive instructions to mark the tress referred to. Was" to a certain extent in partnership with Manuell. Rogers wa9 employed by tbe latter, but principally in connection with working his land. When •he went through tlie bu3h with Manuell some, of. the trees wore marked; he was not quite sure with' what mark. Eog&ra did not mark any of the trees, he went with them to point out those worth marking.. ■ '.-... Wm. Collins had been engaged' in cutting trees at. Waiomo, and in going through f.he bush saw 12. or 14 trees fallen and apparently several of them had bseu recently felled. Hr.d cut three trees into shinglei, and sold one to IVf r Manuell and one to Mr Hawk. Had during the lest three months fallen perhaps a dozen uum.*rked trees for-Manuell. .Manuell did cot fiad the tree?. wh.9n witness underfoot Ihe contract for splitting shingles at 8s a-tho'nsand.

- Th.c 13erch said there was not a shadow

of doubt that trees were being marked and cut for Manuell without their being

paid for, and not "without his consequent f:u!hority or-knowledge; and it had been shown that several persons had been doing the s.ims fhang. The case was one of larceny in reality, a? those who cut the trees down without paying for the privilege, were doing that which was tantamount to picking a turn's pocket. Tbe fuil penalty allowed, viz., £5, would be iuflicted with cos's, and the defendant should bsa? in mind that ha was, as well, eivil'y liable for the value of the trees illegally cut down. Some contention was m;de as to the cosfs which were eveutu> ally set down at £18 16s.