RESIDENT MAGISTRIATE COURT.

Inangahua Times, Volume X, Issue 1509, 13 February 1885, Page 2

RESIDENT MAGISTRIATE COURT.

(Before F. Bum, Eaq , R.M.) s » Ti'esday, Fkbruauy 10th, 1885. k» — — Is TUB MATTETS OT THK CorXTY EtKCTIOV , PITITIOV A:»AIN*ST TrtK KKTt'KX <>F PATRICK BItKXNAN KoK THE liIDIVO OF Rkeftox. 1 j Mr Jones appeared for the petitioners, s and Mr Lynch appealed for IVir Brunnan. s Mr Jones having briefly re-opened the B cur.- called rlie following wit ties? -» 3: — .lames Dorian : I v^ed at R-efton on the 2i)th December on si miner's riyht : I i am a working man, atid was in the employ y of P-rn/.il ; was in Brazil's employ up to ♦ the r;<ces in Reef ton : and returned to Brazil's on the oOtli ; I came to Jioefton 8 on Christinas day ; Brazil lives at Fern • Flit. 1 By Mr Lynch : I remained in R«!ufton g I from Christmas diy to the 30th Decom- ! her ; I stayed at Breun's hotel ; had not left my emj loy wlkui T came in. John Mannix : Voted at tlia Rivfton 1 (lection on the 29th December ; I was at - )'»arney McXeill's on the 22ud December l;ist, and am still in his employ since ; M'^eill's is oh the other side of the Lefthand Branch from here ; I came in on ' Christmas E^e, and returned on the Mo»i---1 day after New Year's Eve : when I eanie * in I left my s-.vasj at M'Neill's of course. » By Mr Lynch: M'Neill lives about 20 ' chains from the junction of the Left hand 3 Branch, on the other side. f Janus Ryan \va« willed, and the orderly ' reported that the witness refused to coma * into Court until lie reosiwd his mUesKjr. Constable Keating deposed to haviii',' t. served tho witness at Boatman's and r given him 10 - Mv Lynch said the mil' 4 ;i'.'« w>« insufficient, Boatman's being 12 miles away. His Worship said it was a qii.-itioa as t<i whether the sum tendered was a reasonable sum. Mr North pointed out that the coaolifare from B'Uitunn'.i was 4s. Mr Jones s:iid if the witness w;vi entitled to more than had been tendered, the Court could nuikt an oivloi- at fho con<:l<isioii of the cmsc I His Worship directed that the witness j should be aj^ain called whereupon he a;>p«:uvd. Patrick Kvan : I reside in Boatm-»n"« don't, particularly recollect the 2t)th December ; I did not vot-a at Reefton on | the 29th Duceinber. 1 Michael Kennedy was called nnd refused to att'-nd uul-is;* milea^s was , I tendered. Constable Keating proved the service and tender of 1(K The witness was then called and ap(ptßlheT Keifnedy : f a^i j. miner and r reside in Boatman's just now ; VnteiLujt i Heefton on tho 29th December on the" miner's right now produced ; before 1 Christinas I was working at Specimen Hill; I had a contract there ; had no hut c there ; lived in a hut bt-lon^inw to another man ; T came into t.hu sports, and > stayed a few days, and sifter voting returned to Specimen Hill and w«jnt to work in a contract in the Welcome ; rli I not bring my swan to Roefton when I came in to Uwefton ; left them in tho . hut T returned to. By Mr Lynch: Had finished my eon tract J at Specimen Hill, ami had no io'.-iuion i of going back if 1 got work .iiivwhen; else; went back a few days bufort: the New Year. Michael Kennedy recalled ; I am not on the County roll fir th-j Riding of B.iat- . man's. Michael Ryan : 1 ;un a miner, working at the Fiery Cross claim ; I voted at Reefton on the 2!»th December, on the miner's right now produced ; lived ;it Specimen Hill before 1 went t.o tin. Firry Cross; resided at Specimen Hill nine or | ■ ten months ; was in Reef ton for aUm; a | i month at Christinas time : lived in :i hut ' belonging to P. Kelly at Specimen Hill ; ! came to Reefton a few days before Christmas, to the races ; wont back to Specimen Hill a fortnight after the holidays ; live in a hut at the Fiery Cross Moulin;/ to J J. Fitzgerald ; am now living at the Fiery | C 1.,8*.

By Mr Lynch: H:\lnoworkonhand when T came to Reefton ; was intending to go to Nelson Creek. Timothy Moynahan : I am a rniiier and reside at Caples Creek ; voted at Reefton on the 2l'th Deeeml>er, on the miner's right now produced ; have reside<.l tive years iv the district ; went to a rush at Nelson Creek, and returned to Oaplo's Creek : came to Reefton on the 24th December to spend the Christmas, and was not particular whether I went back or not ; went back to the Welcome on New Years eve ; been working in the Welcome ever since ; did not bring my blankets to Reefton when I came in. Daniel Toomoy : I reside in Boatman's ; voted at Reefton on the 20th Decenher, on the miner's right produced : have resided in Boatman's for some time ; live in mv hi-utlior's hut at th« Fiery Cross? ; lived in the City Hotel Boatman's for IS months up to Christinas ; was working at the Fiery Cross up to a week before Christmas ; stayed in Reefton a week : returned to Boatman's a day or two aft or the election, and stopped at the City Hotel there ; left ray clothes and things there when I csime to Reefton, would not go back ti» Boatman's if I got work anywhere else : there is coal mining going on in Raeftin, but not quartz mining ; can do lots of things besides mining ; think I was speaking to Mr Twohill as to whether he km w of any work in Reefton. By Mr Lynch : I usually come to Reefton when I am out of work ; I don't wait here ; sometimes L^ome to Reefton when I want work ; had not the hast idea of returning to Boatman's when I jamo to ' ! Reefton. ■ By the Bench : When Tarn out of work T come to Reefton to hear what is going on. and make it my abode. William Kirwan : I am a miner and reside at Caples Creek ; have a hut there, and resided there for two years ; came to Reefton on the 2-tMi December ; voted at Reefton on the 29th December, on the miner's right now produced ; I was working at the Welcome up to Christmas eve and resumed in the s uno mine about a fortnight after ; would have remained in Roetton if I got anything better. By Mr Lynch : Have never been out of work at Boatman's; was paid i^' mi the 24th December, and was under no contract to rut urn ; T was free to go where I liked. Michael Barry. Reside in Boatman's ; voted at Reefton on the 20th Decemler on the miner's right now produced ; worked in the Welcome up to Christmas, and lived in my hut sit Caple's Creek ; came to Reefton on the 20th December, and returned on the 31-st December ; went back to work in the Welcome and j returned to the same hut; I did not j ! exactly intend to reside in Reefton. j By Mr Lynch. Have never been out of | work at. Boatman's ; was paid off on the ' 24th December, and had no contract at Roat'.iiiin'a to compel me to return. John McTaggart. I am a carpenter and : am out in Boatman's some tiints : was j working in the Welcome three years by- j fore the election, and returnoil to the \ | same mine after tlu Christmas holidays ; i come to Reeftou every year t« set Mm ! • races ; voted at Reefton on the H l Jth i : December, on the miner's right now pro- , | duccd ; livud in an hotel at Boatman's for I six months before Christmas : did not i bring sill my clothing to Reefton ; intended to go back t.o Boatman's to ] work if I di i not y-t ;i bother j >k : | By Mr Lynch. Was paid o:f by the i I Welcome on the 2ith December, sin. l was < J under no obligation to return. j | John Toby. Am a laborer and live at ; j (")'(.» rady'a on this side of the eft-han 1 I Branch ; was working fir Brazil up to the ' day before Christmas ; T came t«> Reefton I and returned two days after the election ; ', Returned to work ai Brazil's, did not bring ' ! my nwag t«» Reefton ; Brazil paid my i wages up to the time I left ; voted at i Reefton on tho miners right now pr«- i ■ duoed ; a chap named Morau gave ma the ' i miners right produced. j j Mr Lynch objected to the line of ex- j ! animation as being irrevalent. \ j His Worship ruled the evidence ad.im i ! sible. _ ! I Kxnininatiin continued :— Moran is a'< i chap living in town I suppose ; met him ', on the street ; don't know whore he lived : did not ask him if he was going vi West- , port ; asked him about a fortnig'.it before ; (.Christmas to take out the right for me ; jVhen T ordered the miners rig'jt I hsid '* \ left Brazil's ; T went back t-> Brazil's. ; 1 had not I-ft 'iravjfs : T came in to have i a tooth pulled ; it was t'.ie Hospital duo- > ' '.or who pulle-l my to ith ; T was fourdn.ys i in Iveefton, and if was on the second «iay s tint T askad tlie uiriu to gut me the miners i ' right ; did not give him t.!ie money fur it ; think Moran's name is \iick ; knew him i ! in Boatman's two years sigo ; two years ! aa;o he wns working for Duffy, at Boat- ' ; man's ; Sii'.v Mohan, in Reeft-m a month 1 or two U-fore lonleied the miners right ; i I had no reason to ask Mohan t<> g«t a ,' minors right for me ; did not owe hi.n ' ' any iii ! >ney '. have not set-.n Mohan since , i (Jbristmas time ; It was in the middle of ! ; the stieet, in fi'ont of Williams' H.tel, : : that I gave Mohiin the order for the ri«ht ; ! I wanted a miners right on that day, and ' had fl in my pocket; my name is John Toby ; my name is not " Do by " ; I spell ; uiy name John Tobav. ■ Mr Joims asked that the miners right | miijlit b^ impounded by the Court. ! i By Mr Lynch : Before Christinas I lived at Fern Flat ; and went hack two days after the election ; I claimed to vote ; j on the miners right produced ; the name , on the right i.s " Diliy. " '. By Mr Jones : It w;W Dr Whitton who \ pull'-d my tooth. ; Cochrano junr. : T reside on the \ bankTiFTtTeftH'igahua at the saw mill ; : r-c >llect, the 29tfr peceiilber, and voted! at M^efrou on that" 4^i >m f ' le miners ■ right produced : I was* Reef ton on the j 2^th December ; we ge ierally resile at : th<! mill : but were in Rt'efton at Christ- ! m:is, and returned to the mill after the ; holidays. i I By Kir Lynch : cannot saY whether the j j mill is in the Reefton Riding : it is situate ! I about half a mile below the junction of i j the Left-hand-Branch. | John Tully. lam a minor and came j from the Big River ; v.i^ed at Reefton on ' : the 20fh I)ec«mbor, on j» miners right ; j j do not, produce the miners ri,ht ; my ! niiniM's right was taken ••nit on the 3rd j | April last ; worked at Rjir R|vex a month • ! l>efore Christmas : canie to^ii-eftoti on ' : the day before Christmas*, aird returned ', to Bin River on the day aftoV the New- '■ i Year : have a tent there, and have plenty I of blankets, but did not hi ing them in 1 ! with ii'e : T in'"iided to »n bavk to work : ; a't'T tho holidays ; Re«fron is my ' home. . i ! By Mr I ynch. 1 always stay in Roefton ' as a rule ; 1 make Ueefton my limne al- i way«. I I>y Mr Jones. I am a married man and my wife lives at Boatman's ; am not separated from her. By the Bench. I cull Reefton my home I though uty wifo livvi at Jjoatm.vi'a.

His Worship remarked that witness must he n very strange man. P. Walsh junr. I live at tlit> Left handBranuh, w.-.ik for Sir Roberts, fanner there ; worked for him for two months before Christinas ; he lives on the opposite si le to Reef ton ; came into Reefton on die day of the election am! vote. l and returned the same day Hive lost my miners right ; It was dated .'3lat December 18S3 ; voted on that ritcbt ; am enrolled on the Crushington roll for the same miners ritrht as I voted with at Reefton ; voted at Crush tngton in November. Gustave Dillm.in. lam aGerman, but am naturalised in this Colony ; have not :ot my papers ; have not seen the gazette j notice of 'my naturalisation; voted at i Reefton on the 2i»tn December on the ! miners ri<iht produced ; came to Reefton in October and work oil there till November. : Michael Ginty. I reside in Reefton just now : T live at Kumara ; I have different i huts there ; since Ist January I have been living partly in the Grey and partly in Kuinara ; before Christmas I lived at Kumara ; came to Reaftou on the 2oth | December ; ac that time had a share in ;i | claim, and a hut there ; only hud on« • claim ; stopped f'»ir or five days ii Reef- ! ton ; came up on b isiness to Reefton, and returned on the ."Ist December to Kumara and have lived thera ever since ; left my ' things at Kumara when I came to Reefton : voted at Reefton on the 20th Pc ■. on the miners right produced ; have no mining privileges at Kumara at present ; had a claim there, at Christinas ■ sjjot nothing better to suit me in Reefton and , went ••>aek. i By Mr Lynch. Stayed about 5 days in , Reefton. | At this stage of the case Mr Jones said ; he would ask for sin a ij mnitnotit of th« case in order to allow warrants to be is- j sued for the witnesses ri:i|iiiv»d. ! Mr Lynch strongly o;ipo-«.»il any adjournment ; the other side had plenty <>f time to compel the attendance of witnesses if they had so chosen. His Worship sail he would like to lr»ar \ some evidence as to tin* steps which had \ been tsiken to serve subpienas. | ijoiif»tal)!e Keating dupi'Si'd hehadnride ! evisry reasonable effort to nerve the men j at, Boatman's ; he knew where they lived ; and where they worked but they had j kept out of the way; he was sure they were evading service, i By Mr Lynch. I visited the Welcome mine where they work three or four times : went into the mine but could not see the men. i By the Bench. T know the most of the men wanted and believe they are working in the Welcome ; know their huts and ; have been to them repeatedly and found | them locked ; thoro is only two shifts I in the mine, and I was there when the 1 men went on and off. Mounted Constable Bv.mford gave 'iimlar evidence ; knew wercso:n» of the men | were working and was told that hj should [ not catch them j James Barrowniiin, scrutineer at the | polling and J. I. Ai:-:an, one of the petitioners deposed that the persons uani'd ' could give evidence material to the 1 issue. , Hits worship said it anpfa r ed that both the petitioners and fie police lind done all they could to effect service, and in view : of their failure, he thou-j'it the. petitioners i were entitle 1 S> an a Ijournmei:!; The : witnesses were acting in a very stupid i milliner, and he thought it would bo m»i-..'li ' better for both sides to g.*t <\^n>i with tlu» i case. H-i did int lik.j to is-<iu w .ut.i its, ;if it couhl be avoided, hut extreme measures would have to betaken to maintain tin; authority of the law if other measures failed. H^ suggested tliat the , police should make one more etF>rt to 'serve the s ibpoenas ami if they failed ; then there was no alternative but to allow ; the warrants to issue. • By consent tlie case was adjourned to j the 20th February. | The court then adjourned.