DISTRICT COURT.

Inangahua Times, Volume II, Issue II, 27 May 1881, Page 2

DISTRICT COURT.

+ Monday, M atJ23bd, 1881. (before his Honor Judge Broad.) M'Lean and party v. The Keep -it Dabk Company. Tbe following is a of the evidence tender by the* plaintiffs in tbe al:ove case : — James 'Pollock, cross«exammed : We took away oar tools ; I believe last Wednesday week, after giving up possession ; I wrote a letter to tbe company on the 9th of May. Tbe letter now pro* duced is the same. In tbe letter, I stated that we would give tip possession without prejudice. This or the following day we removed our tools. M'Lean Beard, Bolitho, and myself, were working in the slopes at the time. Bray is at tbe Lyell. He has left us for about 12 months. Those of the orignal party who are away have not got anything to do with the case as far as I am aware, and other men are now receiving their share as representatives: We have recognized them as such. The repairs we made in tbe mine was tbe last we diJ. The mine manager was not satisfied with tbe size of the timber. He was satisfied with the filling in; I never refused to fake out No. 2 block ; I showed M'Mas* ters some stone from it. To work No 2, a pass might have to be put up at a cost of perhaps £100. The same might be re« quired in block No. 3. Francis M'Lean : I recollect the 27th of March, on that day I saw }f 'Master?. He told me to cease breaking out stone ; 1 asked him for a written notice. He said it was not required. At that time we were breaking out stone at tbe No. I block. On the following day be gave me orders to take out the loose stone, and to fill in the ground ; this was done. A week afterwards he took me to another part of the mine at Ibe end of No 1 level to the north and pointed out some repairs there, and drew my attention to a shaft from level No. 2 to level No. l.and required some ladders to be erected. He never asked me to do these things before. It was necessary, and I did tbe work. He also pointed out tbe requirement of ladders in another pass. He also ordered some other repairs, which we did. When all this work wa,s*done he refused to pass ; it, saying that the timbers were not j strong enough, although I had previously pointed out the timber I intended to use, and of which he approved at that time. He said that tbe work generally was done in a slum manner, and that he would not pass it. He also taid that be could find plenty more work for us to do, but did not point it out ; I was present with Pollock when Masters was distinctly asked by us if he had any more stone for us to break out ; I was present when a piece of stone was shown him, with good gold from block No. 2. This was after he had told us that there was no more stone ; I told him here is stone for you. In block No. 1, the dimensions of the reef vary from 6 and 7 feet to sixteen and twenty feet ; I was with the surveyor, and assisted and checked him in his measurement. On an average we took out from 150 to 250 tons a week. I believe that the rest of the stone in block No. 1 is fully as easy to take out, as that which was done last. In block No. 2 stone is also easy ; in No. 3 it is harder. ! 1 consider that if tenders would be called for, this stone could be taken out for eight or nine shillings. We have done a great amount of work to put the mine in good order, and comparatively little more preliminary work would be required to take out the rest of the stone. ' He stop" ped us working at one time in block No. 2■, in bio 3k No. Ihe stopped us on the 27th March ; I am certain that other parts of the mine contain stone over a foot thick. The three blocks of stone described are in the company's lease ; j these threo blocks are all over one foot in thickness. Cross-examined by Mr Lynch : t have

had no authority from those who have left the party to sign the warrant ; I did so with the knowledge and consent of the present party. The timbers complained of by M'Masters were rather light. He objected to eight sets afler it was up. Several other witnesses were called, but their evidence was mainly corrobora* tive of that which had already been niven. G. C. Bov*m<n, legal manager of the Keep-it-Dark, produced miaute-book and other documents; This conc'uded tbe case for the plain* tiff*.