HAVELOCK R. M. COURT.

Marlborough Daily Times, Volume IX, Issue 20932, 25 May 1887, Page 2

HAVELOCK R. M. COURT.

Saturday, May 21

[Before Dr Drury and Mr F. Scvcmo.]

Martin RhodJawas charged with stealing gold from a water-nice belonging to and occupied by Hans Neilson, a miner at the Waknmurina goldfield.

The accused pleaded guilty of taking the gold, but *»w] lie thought the claim was abandoned.

Hans Neilson stated—4 am a miner residing :j t Deep Greek, and left home on Thursday, tlie 191:}], to work on my claim at the Terrace, above All,Nations Creek, When I came in sight of the tail.race I noticed the water had been turned olf, as it was not flowing down it. I had noticed .of late the claim in my absence had been interfered with. l avas working there on Tuesday last: had no time to clean up. so turned the water on before leaving for Havelock, especially to hide any gold in

the; race. I never gave any person authority, to work in iny > ground, and concluded the water must have broken from.the dam. As I approached nearer I sawtothe prisoner in the sluice on his knees, with a dish. Directly he saw mo he exclaimed, “Hallo, I thought you were away.” I replied, “ i’ll take good care you don’t get away.” He held tho dish in his hands, showing mo the gold, about a pennyweight, and he said, “You need not make a" fuss about it: it is not much good anyhow,” and then put the dish down. I'then cooeved loudly to attract someone who could see Bhodda there, when lie attempted to run away, but I ran round with a shovel and made him turn back, aiid threatened to smash his head if ho did not stop, and although he made several attempts I succeeded in detaining him for about half-an-hour, when Messrs C. Turner, Watson, and Hill came, but Bhodda had thrown the gold out of the dish into tho race before they came. I left my tools lying on some rocks, and they were now in tho sluice, which had been meddled with several times. Tho first time was last January. I have been working my claim continuously for tho last six weeks, and accused knew I was occupying it. The gold I get is unliko any other gold in the river. I could identify it among other gold, and the gold now produced is like mine. I believe it is mine, although as a rule tho gold I obtain is a little coarser.

Charles Turner, mining agent, Wakamarina, stated : I was working in a claim with Watson and Hill when Hill’s little girl called us to come and see what, was tho matter, as she could hear. Noilson coooying loudly, and thought something had happened to him. We turned down to Ncilson’s claim and found him standing in the sluice near Bhodda. Noilson called us to notice that ho had found Bhodda in the sluice. Accused made no remark at first, hut subsequently stated that ho had not come there to rob the claim, but thought Noilson had abandoned it. My attention was called to gold lying about there in the sluice quite exposed, and, had prisoner not been disturbed, he would probably have got an ounce or more of gold, as it was well known that Noilson was getting good gold. They purchased a good deal of Ncilson’s gold. It has a peculiar appearance, and from its quality any of the miners could make a pretty good guess where it came from. I should say the greater portion of tho gold now produced was Ncilsou’s gold. By the Court: Had no reason to boliovo that Neilson was going to abandon bis claim, but it was well kno'* n that Neilson was gping to Wellington. Samuel Wilson corroborated the slate* ment made by Mr Turner, and said the prisoner stated that ho thought Noilson had abandoned the claim. Tho claim had no appearance of being abandoned. It was well known that Neilaon owned it, and that it was a profitable one. Witness worked in tho adjoining claim and got similar gold. He heard of a nugget being stolen from Neilson’s claim last summer.

Florence O’Donnovan, police constablo stationed at Havelock, stated—on Thureday tho 19th inst., I got a warrant to arrest the accused arid went o tho’Wakamarina whore he lived, but did not find him, After searching other places I camo back to Canyastown, enquiring all along the road if Bhodda had been seen, but as none had seen him I determined to go to Coupers, thinking, lie might have crossed through the bush. Heard from Mrs Couper that a man had passed about dusk. I pursued and found Bhodder sleeping in a 'hut on Bonnot’s ground in tho Upper Pelorus. It was about 2 a m, on Friday, tho 20th, when I arrested him. I cautioned him that ho need not gay anything unless ho wished. He replied, “ I shall get into trouble over this affair.” He admitted bomgin,Neilson’s claim hut said he thought Neilson had left it or else he would not have been there. He said lie had often worked abandoned claims and I ail races. After accused was dressed I found the parcel of gold produced on him. He tried to conceal it me, and said it was a bit oF gold lie had to take to pay his way on tho road, as he intended clearing out and going to Collingwood. I found no money on him.

The prisoner was asked if he wished to make any statement, and said he would not have been there only he thought the claim was abandoned, and hoped tho Bench would deal summarily with tho case.

After a short consultation, Rhodda was sentenced to three months’ imprisonment with hard labor.