WARDEN'S COURT.

Inangahua Times, Volume IX, Issue 1398, 9 May 1884, Page 2

WARDEN'S COURT.

— - — —♦. (Before Mr Warden Eevell) Monday, Mat sth, 1884. Application. Michael Cullen : mining lease, Big River. The application was opposed by the Big River Extended Company, on the ground of prior pegging. Mr Lynch appeared for the objectors. Michael Cullen : I left the lukerman at dinner time to peg out the lease ; f cannot telK what time I had dinner; it might have been 6 o'clock. His Worship admonished the witness against the line of answers. Examination continued : I cannot say what time it was whin I had dinner ; I put in the pegs and trenched the ground well ; I knew the country well and there was any amount of pegs about; I had trenched it before, five or six or'eight months previously ; I ''trenched it with my hands ; I had' 'nothing- but my hands ; the bush line was cleared before ; it wag a 16 acre lease that I pegged out on the former occasion ; you can make the trenches, with the hands better than you can with a spade ; I did not clear the cut line's because they were- cleared before ; it was on the 2nd of April that I pegged out the line ; it was about that time ; to the best of my opinion.it was on a Tuesday; I applied for it as soon as I came into town ; I was not told by the manager of the Big River Company that he had applied for the ground until after I had applied for it ; he told me this after I had applied for it ; it was not on a Saturday that I pegged the ground ; I did not see any men.at work on the Big River ground on that day ; I was working on a contract for the Inkerman ; I was a shareholder in the contract ; I worked a shift on the coutract before I left to peg off the lertse ; oovld not say what tim#i it vrn& ; lama director in the Big River Company. ' Cornelius Crowley ; I am mine manager of the Big River Company, and live on the ground j I know the ground applied for by Cullen ; I saw pegs on the boundary of the Big River lease ; I saw two pegs ; I did not Bee six pegs j I pegged out the lease for the Big River ' Company, and looked for Gallon's pegs ; t saw one trench which was at the corner of the Redmond lease; but there was no trench at the other pcg } the moss had. been scratched as described by Cullen, but there was no propor trench ; I made it my business to look for his pega, Taut could only see two ; Mullen told me that he had left the Inkerman at half -past 3 on a certain day to peg out the ground, but I do not know whether he pegged it on that day ; this was the second last Saturday in April ; I pegged the lease on the 7th April, starting at 8 o'clock in the morning, two others being with me. '■>:.' Patrick Brennan : I am manager of the Big River Extended Company, and Cullen is a director of; the Company J^his ground . was ' formefly.'.heW; by the KMmond Company, an.d\ x tig. ; :tfd vised the Big River to take tt' up ;It iw-w mainly, *i his advice that 'the. Company decided to take up the ! $bwsoi^ in "the meantime be Jfed applied for. thVland hjwself ;*l 'saw him early on the -inorriingof thev-7.th April^ and he did not then lead me to believe that he had applied for the land ; I believe the Company's application was lodged first ; the books of the Court would show which was first lodged ; the Company's application was lodged at a quarter past 10 a*m. By applicant : I don t thmk any men- ' tion was made at the meeting on the Saturday as to taking up the ground ; to the best of my opinion you never told the company that you had taken up the ground ; it was wholly on your advice that, the company applied for the lease Michael Cullen : When the Big River Company did not give me an answeron the Saturday as to whether they would take up the ground or not I applied for it on the 7,th April ; I lodged the application directly I could get into the office ; I filled in the papers in the office, and deposited £s for survey ; Ibelteve I had to enter by the back dofcr (to lodge the deposit ; cannot say why t came mby the back door ; do not know whether the office was dosed. John Jerry : I am assistant clerk in the Warden's Office, and remember ah application by Cullen ; he came and got the papers and took them away to get them filled, returning about 5 minutes to 4 p. in ; I am sure he did not apply first thing in the morning ; Mr Lee came with him, and had one paper filled up, and Cullen Mloftthe other^p in the office ; this was very do 8 e to 4 o'clook ; told him that he would hafre to deposit £5 for survey, and he left to get it, returning after 4 p.m. when the office was closed, and entered by the back door. This closed th-Rease. \ The Warden said the witness Cullen had deliberately sworn that he pegged the ground on the 2nd of April, and had endeavoured to lead the Court to believe that he had done so strictly in accordance with the regulations, but when it had : been proved that he had hot done so, he ', admitted that he had only scratched the 1 trenches with his hands. He had moreover sworn that he lodged his application j nrst thing in file morning directly the office waa- ope^ wtier<*s it had been ! clearly proved bfcan ofljeer of the Court '

that he did not lodge his application till after the office was closed on that day. jt was thua shown that the witness Culleu had deliberately perjured himself, and it would be for the Court to Bay presently whether the police would not , be instructed to lodge a criminal information against him. The application would be dismissed. The Court then adjourned.