WARDEN'S COURT.

Thames Star, Volume XVII, Issue 5211, 29 September 1885, Page 2

WARDEN'S COURT.

THIS DAY.

(Before H. Kenrick,' Esq., Warden.) C. GALLA&HEB V. J. FITZGEBALD.

This was a plaint calling upon the defendant to sustain his objection to the granting of a license to the plaintiff for the Kiwi claim, situated up the Tararu creek.

Mr Miller appeared for plaintiff, Mr Mahoney, of Auckland, for defendant. F. J. Burgess, Mining Registrar, gave formal evidence as to the pegging out of the claim, and the application for a license by the plaintiff. Defendant objected to the granting of the license. Mr Mahoney addressed the Court upon the evidence he intended to adduce, and called

John Fitzgerald, who deposed that he was a prospector, and was on the ground on the 27th August, when Mr Gallagher, witness, and his brother were present. They liked the look of the ground, and on the 28th of August it was consequently arranged that they should peg it out, and that Mr Gallagher should pay witness and his brother £2 per week, and have twothirds of the ground. No one was present when this agreement was come to. Saw Mr Gallagher again on the same day at the hotel, when Messrs Cleary, Tapp, witness, and bia brother were present. Mr Gallagher wanted him to take £2 for pegging out the ground, but he refused to take it. This piece of ground is identical with that known bb the Garry Owen.

To Mr Miller: Came to the Thames from Goromandel about the middle of last August. He also had a claim at Coromandel, but did not remember whether he had abandoned it. Whan he first came here he pegged out the Fitzgerald claim, at the head of the Puru. Creek. The next claim he marked out was the Garry Owen, which is the same as the Kiwi, but he had not a miner's right when he pegged it out. Had also marked out the Comet, claim, but work had only been done on the latter. He had abandoned it himself, but then got someone else to mark it out, and he no* had an interest in it. Mr Gallagher went with him to the Fitzgerald claim, but said he did not think much of it. Mr Gallagher picked up some stone on the way up the creek from what is known as the Garry Otren. or* Kiwi elaiui, but witness did not tbiak much of the stone. Went up to the Kiwi claim in company with Gallagher and his brother on the same day that they pegged it out. Witness broke down a piece of atone from the outcrop of a reef, but be did not think much of it. On the way up to the Fitzgerald claim, it was arranged that Gallagher should pay witness and his brother £2 per week each, and give them one third of the ground. The same arrangement was made regarding the Garry Owen claim, on the 27th. Gal lagber was not present when the pegs were put in; the mark on the pegs was No. 1.

To Mr Mahoney : The reason he had not since worked on the Kiwi was be> cause of the dispute. .

(Left sitting.)