MINING NEWS

Inangahua Times, Volume X, Issue 1519, 9 March 1885, Page 2

MINING NEWS

[From our Mining Reporter] Saturday, March 7. l The following are the battery returns for the past week. Kbep-it-Dark. — 375uzs of amalgam. Inglewood Extended. - 310«>zs. of amalgam, (boxes included). Inkerman. — 150ozs. of amalgam. RESIDENT MAGISTRATES COURT. ♦ (Before F. Bird, Esq , R.M.) Friday, March 6th, 1885. — . + In the matter of the Election j Petition against the return of Patrick Brennan for the Riding of Eeefton. Mr Jones with Mr Menteath and ! Mr North appeared for the petitioners. ! Mr Guinness with Mr Lynch appeared for the respondents. Joseph Martin : I am a miner and reside at Maori Gully, on Quigley's track ; have been living there since two or three months before Christmas; before Christmas I was living in a tent there ; when I live there it is my residence and when in Reef ton this is my residence ; came into town during the holidays and remained a week and then went hack ; I came in and made some applications and then went back ; | when I came to Ileefton at Christinas I left my things in my tent ; I was in ' Reefton on the 29th December and voted at the election on the miner's right produced ; I recollect an election in November ; I voted at that election being enrolled ; I was then in Antonio's Riding ; I am an Austrian and am naturalised for the Colony in ! Reefton. Henry Miskell : I am an Irishman and was born in Cork ; I have been | following the occupation of an Irish- ! man all my life; 1 have been gully ; raking for some time past ; I have I been trying for a bit of gold in the Reefton district; sometimes T was out at Stony batter and lat^r I have been at Linger and Die ; that is out int MVrrijigs ; before Christmas I was i living a month or two in Reefton ; I have an hotel when I am in Reefton ; I have no hut ; I have a tent, but it is in my swagr at Linger and Die ; recollect 29th December ; voted on that day at Reefton for one member ; have lost my miner's right; it was taken ont on the 29th December ; I did not take it out ; I don't know who took it ont ; it might not have been mine ; I did not find it in the street ; a man gave it to me ; Frank Moran gave it to me; I did not ask him to take it out for me ; I was not a bit surprised !at getting it ; I would have taken a miner's right from anybody that gave it to me ; I did not pay for it ; I was working nt Boatman's np to October ; I then went prospecting to Stony Ratter and afterwards to Linger and Die. By Mr Guinness : That is since the New Year ; was in R'-efton from October to 4th January of this year. Margaret Brennan was called and did not appear. Mr Jones requested that the constable should be called to prove the service of the subpoena. Mr Guinness submitted that as Miss Breniiau's name was not set on

on the petition she could not be < I examined. 1 His Worship said if the witness was subpoened and was required to give 1 evidence she must attend and it would I be for the Court to afterwards say i whether her evidence was admissible or i not. 1 The constable stated that a friend I had gone for the witness. < Mr Jones said he would go on with ' the next witness. 1 Ellen M'Mahon : 1 am the wife of I Michael M'Mahon ; I have a son ! named William ; I cannot swear when i he was born ; I was married early in 1862 at the Dunstan ; 1 have not < much memory : I heard of the Dunstan rush when I was in Castlemaine, and we left shortly after we heard the news ; it was six weeks after I heard of the rush that I left Castlemaine for Otago and was a month on the journey ; I was two days going from Otago to the Dunstan ; I was married a week after I reached the Dunstan ; the boy was born about ten mouths after ; Dr Law attended me and that was the time my son was born ; can't say if Dr Law was there at the same time as Dr Morris ; I will not swear that my son is 21 years of age. By Mr Guinness : My son is the oldest of the family; but cannot swear to the age of my son. Mr Jones said he did intend to call Mr M'Mahen, but it was now unnecessary. Margaret Brennan : I have resided in Reefton 8 years and 6 months ; voted at Reefton on the 29th December. Mr Jones was proceeding to ask whether the witness Had a miner's right. Mr Guinness objected ; that was not alleged in the petition that the witness was one of those who improperly voted. Mr Jones said his learned friend was anticipating the defence. It was quite competent for him to elicit any facts that he considered necessary. Mr Guinness said the Court was not to listen to evidence which was obviously inadmissable. The answer of the witness whatever it might be could not be received. B Mr Jones submitted he had a perfect j right to prove if it were possible that j - soiTiK other person had voted on the 1 miner's right held by the witness. His Worship ruled that the evidenco was admissable. Examination continued : I produce the miner's right upon which I voted. Mr Jones proceeded to ask the witness when she took out the right. Mr Guinness objected : It did nob matter who took it out. The witness was the holder of it and that was clearly s sufficient. ' His Worship thought possession was sufficient. Mr Jones said he would not push the question. f Patrick Kelly, John Mnrtagh, Peter M'Donnell, Patrick Cooney, Patrick M'Namee, Thomas Kileen, William Quin, Bernord Donosrhue. Hugh Toner, Samuel Wilson and Timothy Kuan wer«» then called and did not appear. Mr Jones said these were the names of the witnesses, with the exception of the last named, for whom warrants were issued. He would call the police r as to the efforts made to effect service. t Sergeant Slattery : I had ten war- \ rants handed to me and tho polico have been unable to effect service ; since the receipt of the warrants all available constables have been endea- [ voring night and day to effect thearrest of the men without success. I do not I know any of the mm myself; but the i police believe the men axe iv the dis- , trict. j Mr Guinness objected to the last [ remark. He did not want any beliefs, j Mr Jones said his learned friend i should have ample proof. A. J. Bamford : I am a mounted constiible residing in Reefton ; had several warrants placed in my hands and night and day made every effort to serve them ; went to both Boatman's I and Big River ; when I inquired at I Boatman's the men said the witnesses had gone to Silverton ; and at Big River I was told they were prospecting up the Big River ; examined the huts at Boatman's and found the blankets all gone. By Mr Guinness . all I could hear was that the men had gone to Silverton. By the Bench : the blankets were gone but there were men in some of the huts. The huts were, in the same state as when I had seen them before. Constable Keating was called and stated that he had received several warrants, and had been unable to effect service; believed the men must be somewhere round there ; was not at the trig, station ; but was up that way ; there were some huts up there ; cannot say whether any of the men are still working in the Welcome mine. By the Bench: I made every possible effort to serve the men, visiting their huts repeatedly. Mr Jones said he would ask the Court to take other evidence as to the residence of the men immediately preceding the election. Th« fact of the men keeping out of the. way was prima facie evidence of the allegations .contained in thepetition. If the Court i would not grant this, then he would i have no alternative but to aslrfer. a further adjournment until the warrants | were returned with endorsements that , the men had left the district. j Mr Guinness would s rongly object 1 to secondary evidence being called ; it , was to be taken that the men had left the district, and beyond this the other , side could not go, 4

Court was that these m;n had not left 1 the district. ] His Worship said the inquiry most t be carried out to its fullest extent ; I the witnesses had had ample warning t and so had the respondents and there- c fore nobody could be taken by surprise ; J the evidence purposed to be given of f the residence of the absentees was 1 cleai-ly not secondary evidence ; it 3 was essential to the determination of < the allegations contained in the peti- t tion to know where tho3e men resided ( at the time they voted at Beefton ; ( every effort had been made to bring the men in to Court to prove this oat of < their own months, bat they had chosen j to evade service and it was now quite competent for the petitioners to prove j it by other evidence. The only thing | ( was to take as much evidence as pos- , sible on the point and consider the i value of it afterwards. Mr Guinness thought it was a most peculiar course to take ; the other side knew at the outset of the case what witnesses they required to prove their case, and it was their duty to have the men here. His Worship said the petitioners had in his opinion done everything that it was possible to do to secure the attendance of the witnesses ; the bailiff of the Court and the police had made the same efforts and they too had failed ; for himself he had not the slighest doubt that the men were at that moment within fifteen miles of the Court House ; the evidence already showed tiiat they were working in the district at the time the subpoenas were first issued and that they had continued to work long after ; if the present application had been made at an early stage of the case it would certainly have been opposed ; but every efiort having been made te secure the attendance of the men without avail, the only course now open was to take, other evidence ; an inquiry of this kind could not he barked and the whole machinery of the Court rendered i powerless and brought into contempt '< because a few witnesses whose evidence 1 was considered to be material chose to i keep out of the way. Mr Jones submitted that the very ; absence of the witnesses was strong > i presumptive evidenceof the truth of the ■ allegations contained in the petition ; could anyone believe for a moment >; that these men would keep out of the way if the allegations against them i were capable of refutation ? The cause of their absence was therefore • j apparent ; the evidence of Mr Rooney had already proved the truth of the !• allegations of the petition regarding i i those men, for he had shown that they ' ! were on the pay-sheet of the Welcome | both immediately before and after the 5 election. Hem-y Lucas. Receiver of Goldfields i ! Revenue at Reefton was called and I proved the numbers of the miner's ■ ! rights issued to the alisente.es and the : i dates when issued. i | John M'Quillan was called bnt did , I not appear. i | Constable M'Manns proved having i served M'Quillan with a summons on i the morning of tin? sth instant. ' : Mr Jones said he had been advised that ! the witness was in attendance and had ' been requested to leave the Court. He 1 : would therefore apply that a warrant be 1 issied for his arrest. The witness was a licensed publican living in the town, and i like many other witnesses seemed doter- ; j mined not to put in an appearance unless [ j brought up by force. The whole thing . ( however showed the nature of the diffi- . ! culties the petitioners have had to contend ' i against. Threats and intimidation were } resorted to by counsel on the other side, ■ witnesses were kept out of the way, and • every paltry subterfuge was resorted to and obstruc«ion raised in order to defeat ; the ends of justice. As there was nothing for it he would ask the Court to allow a warrant to issue for M'Quillan's arrest. After some cross-firing between Counsel His Worship said so many obstructions were being raised that it seemed quite hopeless for him to expect that the case j , could be finished that night. He should , therefore adjourn until the following morning, and if the evidence was not forthcoming he would simply adjourn again. The Conrt tn*»n adjourned. John M'Qnillan 1 am an hotelkeeper and have a road contract under the ) Council at Merrijigs and been engaged on the contract since November; have pom° men working on the road ; know B. Donoghue ; he worked for me for abont a month ; he was working for me j before Christmas and after ; recollect \ Pollock coming there to serve subpoenas ; told him not to come talking to the mon ; Donoghue was not working for me on that day ; believe he was working in that district ; cannot give the date he left off with me ; I supply him with provisions ; cannot say when be got the last; Dick supplies me with meat and I supply them ; have seen j Donoghue within the last month ; Wilson, Toner and another man are with Donoghue ; cannot say when I last saw them ; they were working oa my road before Christmas and since ; the last time I gave, them meat Toner and Wilson were with Donoghn* ; the persons mentioned live in my place when they are in Reefton : they did not bring their swags to Reefton at Christmas ; they came to my camp to get the meat : I don't know bow far it is to ( Rainy Creek : my contract commences at Merrijigs and ends at No. 1 1 section, ( the distance is 3£ miles. i By Mr Lynch. Wilson stayed at my ] place, before Christmas, except a few ' weeks ; on the 29th Dec. be was living ] in my place both ; here Wilson and ] Don.ighne left my place about the sth I January for the road work. John Harold : I am County Clerk, i and produce the rate book «f the ' Conhty ; produce the Boatman's «lee- 1 toral roll for 1884 ; the name of John j Brazir appears on it far two votes in respect of property ; produce the ' Boatman's electoral roll for 1881: , Dominick Devine is rated for Caple's » Creek, .Riding of Boatman's ; also F. \ Rooney, also S. Barr ; in that year the

huts in Caple's Crpek were rated in the Boatman's Biding; produce the electoral roll for Antonio's in 1884 ; Big Rivpr residents are enrolled therein as belonging to Antonio's Biding : In the electoral roll for Crnshington Biding t Lankey's Creek residents are enrolled for the Biding of Crushingtori ; the Ajaxand Cement Town vates are in the Murray Riding. I have been clerk in or about fivt years ; don't know where the map produced came from ; the Chairman told me it came from the Govern men t. Mr Guinness strongly objected to any question being put to Mr Harold as to the boundaries of the Ridings ; the only boundaries were those set out in the Gazette notice. ; Mr Menteath said this was another characteristic objection ; the other side j apparently rested their case upon the slender supposition that the boundaries of the Ridings could not be proved ; yet | for eight or nine years the Chairman of ! the Council, the clerk, and the valuers had been making valuations, imposing rates, and in fact conducting the business of the county without the slightest doubt as to the boundaries of the Ridings ; now however, whea the validity of Mr Brennan's election was attacked the County Clerk was able to swear that all was confusion ; that Boatman's might be in the Reefton Riding ; in fact, that there were no boundaries at all. Mr Jones pointed out the effect of Mr Guinness's contention as to the impossibility of identifying the boundaries was to admit that the last election for Reefton, as indeed all past elections in the County were void and consequently that there was no Council in existence and that "local government" was reduced to chaos. Mr Jones said the next witness be proposed calling was the returning officer, bnt Iwfore putting him in the box he would ask that the (allot papers be now prodnwd, the object of the evidence being to identify the ballot ; papers as those given to the voters on 1 the day of the polling. 1 Mr Guinness rose to object to the | ballot papers being prod need. ■ James Clunnau. I wes Returning 5 Officer at the election at Reefton on the > 29th December ; " Re*fton " and the day , of the month was put on every miners right ; the poll clerk kept a list of the v timbers of the miners rights ; and the numbers on the back of the voting paper* » will correspond with the miners right s; J Patrick Kelly voted ; before Christinas he ; j was working in either the Fiery or W«|--t | come ; have not seen him since the p*»H ; I » i understood that P. Cooney lived iv Boatj j man's : the same with regard to P. M l i Donnell and P M'Namee; did not know ! that any of the persons named had a hut B, in Ret-fton ; Kileen was supposed to J ! reside in Boatman's : I knew Kuan an«l b | Murtagh and Donoghue, don't know that » ' they had hats in Reefton ; know Toner j | and Wilson never knew them to have B j huts in Reefton. Francis Rooney : Tarn mine manager of the Welcome ; I know a man named Patrick Kelly; he was working in the s | mine till the 21st February ; he has not 1 ! been working there since ; saw htm on s ! the following day ; he worked in the Wel- ., ! come mine up to Christmas and retitrne'l to work some time in January ; he had a . hut in Boatman's, hut I could not say if he returned to the same hut ; don't remember seeing him on the 29th Dec. ; I ; know John Murtagh he worked iv the l Welcome up t.» Christmas and returned to the mine and worked up to the 21&t Febt I nmry ; he lirud in a hut there before ] Christmas and returned to it after ; believe » I I saw him on the 22nd Feby ; saw him I. in Reefton on the 29th December ; know i ■ Peter M'Dnnnel; he was working in the [ j mine up to Christmas and returned after . | and worked up to the 21st February ; saw , him on the 22nd February ; be bad a hut , i and lived in it before and after Christinas; [ don't remember seeing him in Reefton on I 1 the 29th Dec. ; Patrick Cooney worked in , | the Welcome before and after Christmas ; I he had a hut there and returned to i t [ i after Jthe holidays ; cannot say if I aaw , I him in Reefton on the 29th; Patrick M' t Namee worked in the Welcome before and r after Christmas and lived in the same hut; t left on the 21st ; know Thoa. Kileen ; he worked in the Welcome before and after I Christmas ; left ou 21st residedin; Boat- , mans before and after and since that ; } I don't recollect seeing him in Reefton on , j the 29th Dec ; William Quinn worked in [ the Welcome before and after Christmas ; , | he lived in the same hut and left on the [ 21st ; don't recollect seeing him in Reef- ( ton on the 29th Dee, ; I reside near the Welcome mine ; can'c say if it is rated, I paid no rates on it ; lam on the roll. Mr Jones proceeded to ask what Riding the witness was rated for. • Mr Guinness objected. The fact of the I witness being rated for Boatman's Riding ! would not prove that he lived in Boat- ' man's Riding. Examination continued : Recollect an , election in 1881 was in Boatman's then ; ! | don't recollect whether I was rated for ' j the property there or not ; have voted at ; Boatman's; cannot state from memory whether I had a vote or the Boatman's roll by virtue of that property ; if I bad a vote on ths Rnttmsn'e mil it most h«r« been on the property near the Welcome ; Caple's Creek falls into Boatman's Creek near the Just battery; my home is in Caple's Creek further up than the junction ; some of the hut* I have mentioned are in Caple's Creek ; they are all within half a mile of my place at the Welcome. By Mr Guinness : Some of the men who left on the 24th December did not come back till about the 10th January ; none of the men mentioned are married men ; can't say whera the men resided between the 24th December aud when they returned ; my hoube is near the mouth of No. 6 level, but it is outside the boundary of the lease ; it has been op over a year ; I have property in Rosfton for which lam rated ; lam rated in Boatman's for another house than, the one T did live in ; can't state for certain which house lam rated for ; do not hold a miners right; I lived at Caple's Creek, about 100 yards from the Welcome before I moved into my present house ; don't recollect voting in 1881 at Boatman's ; it is likely I did vote there, but I cannot say in respect to what property ; Tf I was rated in Boatman's it would re for ay former residence in Caple's Creek. James Barrowman : I was scrutineer for Mr Campbell at the eleotton on the 29th December ; kept a list of all the persons who voted, also of the muabers ef miners rights presented ; [the witness here read over the names of the voters and the numbers of the miners rights]! Am certain that all the peneas earned voted, and the miners rights were presented to the returning officer and nambvred by turn. By Mr Guinness ; I tuuk the numbeia

Mr Jones said there was evidence already before the Court that the men were evading service; that was proved in evidence at the first trial. The evidence he asked to get in wa* not secondary evidence, it was primary evidence ; the evidence before tbe

of the miners righto as they were called out by the Returning officer to the poll clerk ; both the Returning officer and the poll clerk called out the numbers of the miners rvrhts. . „ John Montgomery, District Surveyor, was called and examined as to the boundaries of the Hidings; He traced he boundaries on the map from the Gazetted notice and showed that owing to the situation of a river or creek being misplace,! on the map produced by the County Clerk the Gazetted notice as to the boundaries was in one or to respects unintelligible ; in an old map belonging to the local survey office the river in question was shown in a different situation and hence the uncertainty which had arisen the County map showed the creek to be on one side of the Inangahua river, and the map belonging to the Survey j»ftice showed it to be on the opmsitu side ; taking th* latter to be correct, the Gazette notice was intelligible, and the boundaries could be traced, but taking tho Council map, the Gazette notice wafi unintelligible j in ■■ ome respects : but so far as the main divisions of the County wen concerned they could be identified md: •;•< ') -lently of the error in question ; he r"--' I tliat the Welcome mine, Caples Cre k and Boatman's township were in th- Boatman s Ridinir, and that several other places indicated were without the Reefton Riding. Mr Guinness contended that the identification of the Ridings was not sufficiently conclusive and a long legal argument, ensued. His Worship said so far as the evidence had gone he was quite satisfied that the principal portion of Boatman's, Caples' Creek «nd Big River were all antside of the Reef 'on Riding ;if the otherside coull prove however that they were not it would alter the question. As far as the evidence had gone the portions of the County referred to were beyond doubt, as any schoolboy cauld prove ; (To be concluded.)