WESTPORT WARDEN'S COURT.

Westport Times, Volume III, Issue 562, 2 October 1869, Page 2

WESTPORT WARDEN'S COURT.

ILL-MATED MATES. In this Court on Thursday, the Warden (Dr Giles) heard an application for a dissolution of the partnership of a party of miners working at the North-east Terrace. The applicants were Hutchison, Connor, and M'Coll. The objecting partners were Thomas Cato and Paul Stallard, the former of whom holds two shares in the claim. The complaint was that the party could not come to a satisfactory arrangement for the proper working of their claim, and the application was for a dissolution of partnership, and a settlement of accounts, so that the claim might be sold. •

John Hutchison's statement was: Owing to the disagreeableness of some of the party, we can't work the claim. There's nothing but quarrelling among the party. The last quarrel is that the tunnel's going wrong. Some say it's going wrong. Others say it's going right. We've got it in about 300 feet. Stallard and Cato say it's going wrong. We agreed to have a surveyor up to put us to rights, but Cato wouldn't contribute to have it surveyed by the Government surveyor. After' putting in a fortnight's work the party next us said Ave were going into their ground. We got the ground surveyed by a-cpmpetenfc person, and ho said we were Gl feet on to the other party's —Young's—ground. We put a curve in the tunnel, but Cato, who is represented by a wages man, insisted upon driving the tunnel as it was at first, and that has prod need a stoppage in the work. In fact, it's impossible for the present party to work together. There's nothing but rowing among them. Stallard is for knocking a man down if things go wrong. Examined by Cato : I am a practical miner, and I have worked in this district for two years, but I never worked !u u, tunnel "under my own management. I agreed to let a man come into the party, and to let the tunnel go under his instructions. You sent up a man—Timothy Davis—who looked over the tunnel, and he refused to take a seventh share on conditions. He said "if the whole hill were wash-dirt he wouldn't take the trouble to put his boxes in the creek," and he went He came again with you, and was introduced by you as a shareholder, but we w'ouldn't have him.. Nobody has knocked me down. They have thi'catcned to " punch " mv nose. But some of my mates have" been knocked" down.

i John Connor: About three weeks ago I was in Young's claim. One of the party told me to bell Paul Stallard that we were within 30 feet of their tuunel. I tohl my mates, and they knocked off for some time. "Wo got a man in whom we could put the fullest confidence to survey the ground. It took him nearly a day to survey it, and he concluded wo were 61 feet in on William Young's ground. "We came back ten feet and gave the tunnel a " slew." Wo drove for ten days in this new drive. At the cud of ten days Paul Stallard went into Westport and came and told us that his mother and Cato said to keep the tunnel straight—that we were going right at first. He said ihe man who wouldn't do so would be " a better man than him." With that, when we were down in the bush he took up the rails and destroyed the tunnel. He wants to go the old drive. The other party cautioned us not. On several occasions I can't say a word but I'm called "a bloody sod." He has knocked mo down too, has Paul Stallard. He has drew my blood, and I want a dissolution of partnership ( By Cato : Am I a practical miner ? I'm anything that comes to my hand. I've been mining before —no, not in a tunnel, but in alluvial ground at Addison's Flat, I can put in a set of timber as well as the best in this party, at any rate. I ain't capable to take the management. ] was agreeable to let some man take charge. I agreed to let Timothy Davis come in. °You said " Timothy Davis is a friend of mine and a friend of the old woman's," and that he would make an agreement to come in. He came out and looke d round. He got good advice from some, and bad advice from others, and he said he wouldn't take a share even though we wero to pull him in by the shoulders. He made little of it forenenst the whole of them, and we won't have him now. I have been there fifteen months, and for a man to come in gratis is too bad. Stallard knocked me down because I said there was very little done in the other sixteen hours. I didn't hit him back. It's not likely I would, and him a bit of a "slogger." I was never disagreeable. I have had quarrelsonly with one—Paul. A regular

blood-spiller I count 'him—nothing else. I never gave him provocation. If I hadn't his billy boiled for him to get his supper he would knock me down. I can do a day's work. If I had a nice face of pug or reef I could take as much down as you could. I would be able to do several things after blocking out, but we haven't a practical man among us at present. We wanted John M'Ker.zie in, after Timothy Davis went away. His working plant is worth £3O or £4O. I said it wasn't worth that, but, though I said it, I mighn't ha' meaned it. The Perpendicular plant would be the best certainly. Wo have brought this case to sell the claim, if it can be done. Cato described the arrangements which he had made for the admission of Timothy Davis into the party. Timothy had been ill-advised, but was now inclined to join the party, and he (Cato) had registered the share for him. The others wanted to dispose of a share to John M'Kenzie, but not on such favorable terms. The Warden : How are you going to get over this dead-lock ? Cato : I should propose they should get a qualified man—a surveyor —to survey the tunnel. But the claim will never be worked by the party that's in it now. Unless they have a leading man they will smother themselves or somebody else. It's hard for a man to hold three shares, and, after keeping men on wages for months, for them to turn round and sell the whole. Paul Stallard said that the first person who surveyed the claim said they were 61 feet on to the other party's claim. The second person said they were only two feet on to it. The third person said they were just on the boundary. There was a great deal of cross-ques-tioning from both sides as to a document authorising Cato to treat with Davis about joining tho party. Cato, on this authority, had given a share to Davis. The three applicants disputed his authority to do so. The Warden: I will not make any immediate order in this case. It will be better to give a few days for the party to settle it. I am inclined to think that the ultimate order wdl bo for the sale of the scares. With respect to Davis, from what I see of the thing, I very "much doubt his being able to make out his right to a share. It may not be a transfer. I shall defer any order till Tuesday next. If it is not settled by that time the parties can appear, and hear the order of the Court.