MINING NRWS

Inangahua Times, Volume X, Issue 1531, 6 April 1885, Page 2

MINING NRWS

[Fkom ous Mining R porter] Saturdw, April 4. The following are the battery returns for the past week. Weloom:*!— 379 >z <>f amalgam. Keep it-Dark 3450z of amalgam. In-jprjian — 2240z of amalgam. K-4'DKN'" '-1 r»fST*M'K' • * *r . — * (Before F. Bird, Esq , R.M.) . Thursday, April 2nd. 1885. Smith and Barklevv Fabiir. An action to recover £12 9s, for goods supplied. No appearance of defendant. Judgment for tbe amount and cests. . Mr North for plaintiff. E. Paive and Co. v. Frampton. Claim for £5 16s, for meat supplied. Judgment by default for amount with costs. * Iv THE MATTER OP TH CoUWTY ELECTION Petition against the return of Patrick Bresnan, Mr Jones with Mr Menteath and Mr North appeared for the petitioners and Mr Guinness with Mr Lynch appeared for the candidate petitioned against. The case was concluded at the last sitting of the Conrt, and judgement reserved until to-day. Mr Guinness asked the Court to defer dealing with the present petition until aftnr the petition against the ret-fru of Mr Menteath had been dealt with. He said if the Court now ruled upon the first petition, th** right of admitting recriminatory evideuce would be excluded. * Mr Jones strongly objected to such a f-oiu-.-.e Ileitis taken. Each petition stood upon its own merits, and must be dealt with separately. His Worship said the same process would be adopted in each case, so that the jtt laments would in no way conflict. Besides, by the first judgment many vexed questions such a? residence and boundaries would be disposed of and would not have to be argued over again. His Worship thea delivered judgment as already reported. Mr Jones said he was sure the Conrt would agree with him that it wa3 a matter of great congratulation that the case had at length been brought to a termination. .1* had been fought out perhaps more keenly than any case had eve'* before been fought out in New Zealand, and he only limped that, like a thunderstorm, it would have the effect of purifying the local political atmosphere. Legal argument then ensued as to costs. j His Worship said the verdict being for the petitioners would of course carry all reasonable costs. The settlement of the costs was then proceeded with, and took several hours, ; each item being gone over separately, ' involving much haggling between counsel tlie sum allowed he petitioners 1 being £163 1%. \ Mr Guinness asked for a stay ef| execution for fourteen or twenty-one ] days, as it was the intention to apply i to the Supreme Court for prohibi- j tion t on the ground that the Magistrate I bail no power to declare the election of one candidate -.oid, the Conrt 0* ly having power to declare the whole [ flection void. This course was followed ( in the case of the Paroa election. MrjQnes said such an application was ! wholly unreasonable and unnecessary. ; The Par.,a election case w^s in "o way j analogous. In that case Mr Guinness j was the defeated candidate and he (Mr | Jones) ae a matter of professional cour- j t*»sy allowed the application to be made ! and it was conceded at once. As a matter of fact the Magistrate had no power whatever to order a stay of execution. The decision had now been given, and the petitioners were entitled to demand the fruits of it immediately ; he on behalf of tbe peti tioners was prepared to act immediately upon tbe judgment given, a«d would take all the risks of Mr ninuess' threatened application for prohibition. If he (Mr Jones) felt that there was the smallest chance of prohibition being applied for or granted, it was not likely that the risk , would be incurred of issuing a distress warrant, and he could say this much that unless the other side paid the costs or moved for prohibition within a day or two, a distress warrant would certainly be issued. Mr Guinness said the distress warrant could not be issued until it had been signed by the Magistrate, and the Magistrate cou'd refuse to sign it. Mr Jones said his learned friend was simply talking nonsense, because if the Conrt reft-wc-d tn pL'm the distress | warrant be could up}.' ! y to the Supremo . Court for mandamus »»i-orupel it. The j case had been con t •••••-ted bv the other j side in such a m: inner as forfeit com j pletely any right to consideration Low

him in the honr of triumph. The verdict had been wrested in tbe face of extraordinary difficulties, and no mistaken leniency of the Court should now deprive him and his clients of the fruits of his judgment. j Mr Guinness said it certainly was their inteution to apply for prohibi tion. Mr Jones ."aid he would like to see it, for it would certainly meet the same fate as his learned friend's application for prohibition in the Paroa election case. His Worship said tbat after tbe intimation of counsel he did not think he would be justified in signing a distress warrant for a few days. If the respondents really did meditate applying for prohibition it would only he complicating matters to issue a distress warrant. Mr Jones said he would take all the risk of the complications, if any arose. His learned friend talked prohibition so often when defeated that the threat had lost its terror. The matter then dropped. In the matter of the Petition against Ma A. S. Menteath for the Hidino of Reefton. Mr Lynch with Mr Guinness appeared for tb<£ petitioners. Mr Jones with Mr Menteath and Mr North appeared for tbe defence. Mr Jones said he would at this stage ask the Court to rule upon tbe point of jurisdiction raised and argued at the last hearing of the case. His Worship said be had looked into the matter aud had come tp tbe conclusion that he had jurisdiction. Upon the question of the form'olt the petition he ruled that tbe petition was a sufficient 'compliance with tbe schedule, and tbat it was unnecessary to set out the names objected to, and that the petition could be amended. Mr Jones said he had a further point to raise effecting the question of jurisdiction. It was this : that allowing the amendments which the Court had assumed the power to make, the petition was still bad, because the petition was repugnant to sub section thirdly, inasmuch as it only prayed to strike oif the votes of A. A. S. Menteath, whereas the Court could only Strike off the whole poll. His Worship overruled the objection. Mr Jones raised a further objection that tbe Court had no power to order a scrutiny, lie merely raised the point formitlly now aud would refei* to it | again. i Tne following evidence was then ! called :-r---j David Archer: lam a storekeeper at Boatman's ; came to Reefton on the 2-jtb December and remained till [the 29th December; took out and ' paid for a miner's right myself and i voted ; I am a married man and live i at Boatman's. I Archibald Campbell :. lam a miner ; ; I have a miner's right and purchased 1 and paid for it myself; voted at Reef--1 ton on the 29tb December > befow* the Christmas 'holidays I was ..up Murray Creek in the Golden Treasure ; oc cu pied tlie Company's hut ; came to Reefion on the ..24th December and went to the Golden Treasure on the 2nd January ; did not vote at the last general County elections ; never had a hunse at Black's Point. , George Casley : I am a miner and produce my miner's right ; I was living in Reefton wiien I took out the right ; I was at the Inkerman during December ; cannot say how long ; recollect the last election and voted ; came to Reeftou on the 24th December ; J was never up there a month ; nine days was the longest time I was ever up there; the company keep blankets there for any director who goes up ; have a house at Black's Point, but have not occupied it for two vears and a half. By Mr Jones: I am a director of the Inkerman Company, and occasionally go up when they are cleaning up the gold ; the blankets are kept there for the use of any director who goes up to tbe mine ; as a director I get paid for visiting mines ; directors iu all leading companies do the same ; have resided atDawaou's Hotel for 2£ years and bave had tile excluse use of a bedroom tbere during all tbat time. By Mr Guinness : I have been at the Inkerman works nine or ten days duiitig the pa3t month. Charles Dowsing : 1 produce my miner's right ; I got it from Mr Joice ; in December 1 lived in Reefton ; I was working at the Golden Treasure ; lived with my uncle iu Reef joii when I was in town ; lived in a hut when at the Golden Treasure. By Mr Guinness : My uncle brought me out from Home in September ; he paid rent for a house in upper Broadway ; my " brother and cousin lived with me ; it was provided as a home for the three of us; my bed, blankets aud clothes were always there ; never had a" bouse at the Golden Treasure ; paid rent for the bouse in Reefton after the election ; I was more of my time in the Reefton house than I was at Murray Creek ; I did not go up to tbe Golden Treasure till tbe 26th November. By Mr Guinness : My brother was working at Plaske.tt's ami used to come home ; the bouse was a house for all three of us; all the cooking utensils I had at Murray Creek was a tea-bottle ; ouly had the clothes I stood up in ; changed my clothes in Reefton ; used to come to Reefton perhaps two or three times a week. By Mr Jones : Was paying rent myself for a cottage in lteei'tou up to the 23rd February ; I was not subposnaed on the first trial. Henry Francis : I am a carpenter ; produce my miner's right ; received it from Mr Chattock, and voted upon it; I came from the Golden Point, and have been living there all the time; am working iu Boatman's now; worked at Boatman's up to October ; have a place of residence at Golden Point,

which is supposed to be in the Reefton Riding; went to Boatman's on the Bth January, but to a different place and different job • was not at Boatman's between Octolier and January. j By Mr Jones : Always live at Golden Point when out of work ; live there now. Richard Nicholls : I am a builder ; I have a miner's right * took it out and ! paid for it myself; voted on it ; I have a place on the left-hand side of Broad way. By Mr Jones: Have lived in Reef ton for fourteen years ; the house be longs to Mr Finlay, and he pays the rates. Joseph Thomas : I am a miner aud produce my miner's right ; voted at Reeftou on the 29th December ; I live at the upper end of Broadway, two sections above Line's. By Mr Guinness : Was not subpoenaed for the first trial; I live in Mr Patterson's cottage. Alfred Pugh, H. Newcomb, and J. Coombs, surveyer laborers, voted at Reefton on miner's rights ; when not on duty they live in Reefton, being engaged at the Reefton survey office ; Mr Montgomerie, District Surveyor, Reefton was their employer. John Birch : lam a miner ; produce the miner's right on which I voted on the 29th Deeeraber ; work on tbe Big River track twelve miles from town and lived there ever since." By Mr Jones : Received my first subpsena yesterday ; Hugh Hanna worked with tne on tbe Big River road. George Boulden : I am a painter ; produce tbe miner's right upon which I voted ; I bought and paid for it ; I came from Nelson to Reefton ; for 12 months lived with M'Gathn and then took a cdttage in upper Broadway ; I live close to the Presbyterian Church. By Mr Jones : Was not subpoenaed for the first hearing : I am a tenant ; Oxley is my , landlord and pays the rates; my brother and I havn occupied the same house since September. William Faler : 1 have a miner's right, do not produce it ; voted on the 29th December ; lam a Fin ; i have not been naturalised. Ernest O. Nash : I am a Clerk ; I do not produce my miner's right ; voted upon it on the 29th December ; live in a cottage in Broadway belong ing to Mr Roulston ; I am engaged as clerk at Mr Bowman's office, lower Broadway ; have lived a year in the cottage, waa not subpoenaed for the first hearing of this petition. John Harold : I produce the electoral roll for Reefton Riding; the persons named in the petition (the petitioners) are enrolled electors of the j Reefton Hiding. Mr Guinness here handed the petition to the witness, to prove the sig natures. Mr Jones objected. The proper way of proving the signatures was by putting the parties themselves in the box. His Worship over-ruled the objection. Examination continued — I was present when the petitioners attached their signatures to the petition. i By Mr Jones : the petition was ! signed after 6 p.m. on tbe evening of the January, 1885 ; I knew the cottage in Upper Broadway owned by Oxley and occupied by George Boulden ; it is rated for the Reefton Riding, and Oxley pays the rates ; the ! house occupied by Nash is rated in the j rTeefton Riding ; Dowsing's house is also rated in the Reefton Riding, as well as the adjoining one ; also Nichol's house ; Lawsons' house is not rated at all. Thoma's house is rated for Reefton Riding ; Plaskett's farm is rated in the Reefton Riding ; I will net swear that tho line drawn on the map produced is correctly drawn ; the paper produced is an official plan of the town of Reefton ; it is signed by Mr Wool'ey; Bouldea'and his brother occupy section (58 ; Dowsing's 69 ; E. Nash 73 and 74 ; R. Nichols, 215 ; J. Thomas 76 ; I was scrutineer at the election ; Boulden voted on right No. 55243. Mi* J nes objected to such evidence being elicited from a scntineer ; the Returning Officer was the proper person to give that evidence. Mr Menteath said in the former case the Court would not allow this class of evidence to be. received until after proof that every means had been exhausted to procure the attendance of the best evidence. His Worship over-ruled the objection.' Examination continued : H. Dowsing voted, and was in the booth at tbe game time as his brother; W. Macquarie voted on right 5519 ; J. Willis voted on right 55165; W. -hakespeare voted. Mr Jones said the Court would now see the force of the objections he bad previously raised. The witness was being asked as to tlie contents of a written document, before anything was shown that that document could not bo produced ; such a thing was contrary to the first principles of evidence. Mr Menteath said the only statutory proof of a person having voted was the ballot paper, and no other evidence of that fact could be received. His Worship over-ruled the objection. Examination continued — B. Shakespeare voted on right 47852 ; Thos. Bynan voted on right 47808 ; H. Hannan voted on right ; W, Faler" voted on righ, 55311. His Worship said he would like to hear what steps had b.en taken by the petitioners to procure the attendance of absent witnesses. John Cox : I had subpoenas for Boulden and others ; had not Shakespear's or Hannas ; had one for Willis, Macquarie, and Joseph Boulden ; the latter went to Boatman's ; Willis was denied to me and so was Macquarie ; served Macquarie, -Willis, Bowden an i

Hannah's before ; did not try to serve Shakespear's. By Mr Jones : Mr G. Willis told me that his son was working at the Inkerman ; I was told that Macquarie was working at the Inkerman ; served Macquarie in town on the two former occasions; went to the Inkerman yesterday ; did not stop there many minutes ;- did not go to Boatman's; last time I served Boulden in town H. Dowsing refnsed the summons: possibly I did not go to the right man. By Mr Guinness : C. .Dowsing refnsed to tell me where HP Dowsing lived ; have since found that H. Dow sing works at the Golden Treasure. By Mr Jones : The snbncenas for todays Court were given to me yesterday; I got two subpoenas to-day. Nicholas Barry: I had two subpoenas to serve. I found Birch, but not Hannah ; a month ago he lived at Devil's Creek ; went there and could not find him ; hear that he is working with Donoghue, By Mr Jones got the subpoenas at 2 o'clock yestetday. His Worship said the petitioners had not 3«ken the active steps they should have done to secure the attendance of witnesses; he did not feel inclined to grant any further adjournment. James (Jlunnan : I was Retnrtvtng Officer at the Reefton election on the 29th December. Mr Guinness here 'asked that the ballot papers be opened. His Worship said no evidence had yet been given as to any of the absent witnesses. Mr Guinness then called the following additional evidence : — William Chnmly: I know William and John Shakespeare ; knew them two months before Christmas ; they lived in my hut at Slab Hut Creek ; it is about five and three quarter miles from here, on the Grey side of the saddle ; they left for Reefton on the 24th Deceml>er ; the remained in Reefton during the belidays : could not say whether they left Reefton ou Christmas week or a week after. By Mr Jones : They went into my house oa the 2nd of November ; believe they were working at Main's sawmill ; they were eel fishing when they came to my place ; they were not working down there ; they gave me the key and abandoned my house on the 24th Dec. and never went back ; all I know about them is that they were eel fishing at my place. By Mr Guinness: They were not strangers in the Reefton district. William Keenan : lam a miner ; know William Macqnarrie ; last place j I saw him was up at the Inkerman ; in t December he was working in the } Inglewood with me aud left about j Christmas, and -.vent on for eight or j nine days after, _nd then went up to j the Inkerman ; he was three or four j months at Boatman's ; he lived in a hut J withE-Quinn at Content town ; be had » Wankets tli ere. , T By Mr Jones : He talJ me he had a j 1 cottage in Reefton ; he never told me that he paid half the lent for the cattage; he came into Reefton pretty often ; I don't know bow many times ' he came to Reefton weekly. By Mr Guinness: Don't think he came down more than once a week ; but I don't exactly know John M'Williams : I am a miner, and know J. Willis ; iu December last he was residing out at the Oriental ; think I saw him tbere about the 23rd or 24th December; Saw him in town during the holidays ; think he afterwards went out to the Big River. By Mr Jones : Have known Willis for a long ; never heard him say he had a cottage in Reefton ; he was working at the Inkerman for two or three months. By Mr Guinness: I know Thomas Bynan ; up to the day of the election he was working at the Oriental, and went back afterwards ; the Oriental is 9£ miles from Reefton. By Mr Jones : I know James Rees ; he has some propetty in town ; Bynan was not work:ng with Rees during Decemlier con Id not say whether he lived with Rees. John Shannon : I know John Willis ; flout know where Willis was working in DeceraVier. By Mr Jones : Willis went to work at Big River in January. Mr Guinness said this was all the evidence he had to call in regard to the absent witnesses, and he would now 7 call the Returning Officer. James Clunnan : I was Returning Officer at the Reefton election on the 29th Dec. Mr Guinness : Here asked for the production of tho ballot papers. Mr Jones rose to object On the former petition 66 out of 71 persons were proved to haze voted improperly. . Before the Court could touch the ballot papers the petitioners would have to prove clearly and indistinctly that a sufficient number of persons had voted improperly to eflect the result of the poll. His Worship said the proper course was to bring forward all the evidence affecting the right to vote. Mr Jones said he was satisfied with the ruling, and when the other side had closed their case be would bring forward evidence to prove that the majority of the persons challenged by the other side had a perfect right to vote. Mr Guinness submitted that the Court had sufficient prima facie evidence to open the papers. Mr Jones said ptima facie evidence was not sufficient. The evidence would have to lie clear and distinct His Worship said if the point had been taken in the former caw? he should have certainly felt it incumbent to complete the evidence . before opening the ballot papers. He hardly thought however tbat the position now taken up by counsel for the respondent i was dignified.

Mr Jones >u'imitted that tbe course he was now taken was a perfectly legitimate one ; it was open to tho o her side to have taken tho same objection, but it was no reason because th-«y omitted to take a vital point that he sltould not do so now. His Worship admitted that some of the evidence already iu was very weak and it did seem a doubtful procedure to scrutinise tbe voting papers without strong evidence as to the right of such persons to vote. The question of honudarh-s affected some of tbe persons ; why not settle' the boundary question In-fore proceeding further. Mr Jones said he would not object to the ballot papers being opened at this sta.***provided that their contents were not divulged until the evidence was all in. His Vorship then ordered the* ballot papers to be prod need. Mr Jones now raised two points. Firstly tbat tbere was ne authority given by the Local Elections Act e: tabling the Returning officer to placo the numbers of miners rights on the back of the ballot papers ; aud consequently that such ballot paper could not be scrutinised. His Wo -atrip said he thought he had a perfect right to order tlio scrutiny of"~ all vote& He had ordered a scrutiny in the former case and would do the . same now. Mr Jones said he fully expected that the Court would so rule, but tho difference* in* the two cases wag this that counsel on tbe other side in tho former petition did not raise the point until after the scrutiny had takenplace; he now raised it before the scrutiny took place. His Worship said if the contention of Mr Jom-d were sound tbe Court could not entertain a petition at aIL Mr Joues said such was tbe ca3e ; it was an evident omission in the Act. Charles Edward Watkins : I am a certificated surveyor and have been in practice in this district for four or five years ; I am the only certificated surveyor in this district ; the tracing produced and the plans show the boundary line between Reefton and Murray; the line cuts off part of s<-"c-tion 79, almost the whole of 78, the whole of sections 77, 76, 75, 74, 73, 72, 71, 70, 69,68, 67, 66, 65, 64. 63, 62, 61, 60, 59, 58 and part of 57. also sections 2 9, 218, 217 and partof 266, 215, 224 225, aud 226 in uppwr Broadway, Reefton; ail those are out of the Reef ton Riding according lothe plan produced ; I have taken the compass bearing of the line in question, and it shows tbe same as tbe map line ; if you take the shortest distance from Inangahna to Black water tbea, according to the present plan, the Oriental and Go'dt-n Point are out of the Reefton Riding; Slab Hut Creek according to the plan produced is in the Antonio's Riding ; the Inkerman is in ih-'Criishington Riding. By Mr Jones : Have made surveys across ihe boundary line ; I have madea survey of tbe Inangahna and Blaskwiiier ; I have worked it out and find that the map is correct as far aa concerns the Slab Hut Creek ; have not surveyed Devil's Creek ; on the map produced the Oriental is shown in the Reefton Riding ; I was not in Reefton in 1876; the confluence of Deadman's Creek may probably have changed a little since then; the bank may have been washed away since then ; it could not possibly have came further to the east, because the rock is solid ; the confluence of Deadman's Creek; ten years ago could not have been further east than it io now ; I bave surveyed the line from the confluence of Deadman's Creek accross Broadway* ; it is true north ; it it were magnetic it would be 15 degrees different; nay line 48 N.E-. ; and the magnetic would be 15 degrees different ; tbe line from Deadman's Creek is N.E. I took _ru<* bearings. By Mr Lynch : I have done a lot of survey work for the Government ia this district ; I always take the true line, except when there is some expressed direction to the contrary on tho map ; I took the true bearing from the trig, and that is the plan adopted by all surveyors ; the map produced and the Surveyor-General's map aro practically the same; r»y practically the same I mean that there is a slight difference ; 1 did say that the red lino on tho Surveyor General's plan was put on at random ; I said tbe lines were not put ou correctly ; tho map has not been altered since I last gave evidence from it. By Mr Jon?s: There is nothing random about the line from De-dstan's Creek ; I did say the southern boundary of the Boatman's riding was pat on at random on the map now produced. Mr Guinness said this was all tho evidence he purposed calling, and ho would now ask that the ballot papers be scrutinised. Mr Jones said tho Court could not scrutinise the ballot papers until all the evidence was in. He wou 14 proceed with the defence and when that was concluded then tbe scrutiny could take place and not before. . Mr Guinness called James C'unan : I was Returning Officer at Reefton on tlie 29th December, ; the ballot papers produced bear my numbers and signatures. The Clerk of the Conrt having picked out the ballot papers containing on the back thereof numbers of tho miner's rights voted on, it was announced that two of tbe votes challenged by the petitioners wore informal. In reply to Mr Guinness the Returning Officer said that thero wore ten informal votes at tho election on the 29th December. Mr Guinness said that this closed the case for the petitioners, and tike Court then adjonrred to Saturday morning at 10 o'elock.