A MINING SUIT

Greymouth Evening Star, 30 May 1914, Page 7

A MINING SUIT

HOCHSTETTER T. DONNELLAN BROS. AND. GOW'S CREEK CO. 'The hearing of the suit in. which the Lake Hochstetter Gold Fields, Ltd., has sued Messrs Donnellan Bros; and the Go'w'e Creek Sluicing Co., Ltd., for cancellation of the, vpper portion of Magee's water-race, Creek, was continued before Mr Wyvern Wilson, Warden,. at the Greymouth Court yesterday afternoon. .Mr F. A. Kitchingham appeared for the plaintiff company; Mr M. Hannan for the defendants Messrs Donnellan Bros., and Mr JaS. Park (with him Mr F. D. Sargent) for the defendant company. Thomas Duncan McLean, surveyors assistant, gave evidence corroborating that of Messrs Linklater and Learmont. Alphonse Edward Morel, motor proprietor, examined by Mr Kitcliingham, deposed that he had been manager for the Gow's Creek tributers. During the time the claim was worked on tribute no work was done on the portion of the race between Nelson Creek and Kelly's Creek. Cross-examined by Mr Hannan, witness stated that the Gow's Creek Co. had spent £3500 to £4OOO when the tributers took it over. The tunnel tail-race was not completed when the company had exhausted its capital and £IOOO raised on debentures. The tributers finished the tunnel, but (hen found that it came out above ' the bottom and was useless to work the ground where it came out. In February last the ground was bored mora systematically than before the tun-' nel was started, and it 'was found that the bottom was on an angle. The portion of the race below Kelly's Creek had been cleaned out and used. To Mr Park. —The tunnel cost twice as much a; they had expected. The tributers worked two years' and only got 30s worth of gold out of the' claim. This closed the case for the Hochstetter Company. THE DEFENCE. In opening the defence for Donnellan Bros., Mr Hannan stated that the property had been out of control of Donnellan 'Bros, for the hist four years, and they could not be responsible for the acts of the lessees from them. • Patrick Donnellan, miner,, stated that the iace and three claims were applied for in 1908. The race was granted in November, 1908. On December 16th, 1908,. an option was given to Mr Sligo and subsequently an agreement for sale and purchase was entered into. This agreement was revoked ill November, 1909. In April, 1910, the Gow's Creek Co. took over the claims and obtained a lease of the race. He and his brothers got £2OOO in fully paid up shares. He was working manager. The tunnel tailrace, 2850 "feet in length, was started while the. race to Kelly's Creek was cleaned out. This race had been abandoned for at (east 20 years previous to 1908. The company and the tributers still owed him £l5O on debentures and for water supplied. When the company bad spent £3OOO he got out of it, and sold all his shares at 6s. These acluded 200 contributing shares, on he had paid 200. When the tributers left off work in February he put in a month cleaning the head of the race. Cross-examined by Mr Kitchingham.— The claims and raco had not cost him anything except the costs of the applications. . J

Similar evidence having been given by Messrs P. Donnellan, T. Dormellan, Jas. Park, and David Armstrong, .the Court called Mr Bishop, Inspector of _ Klines, '"ounpel were then heard, and his Worship reserved his decision, the Court rising about 9 p.m. .