ACQUIREMENT OF LAND UNDER THE HOMESTEAD CLAUSE OF THE MINES ACT.

Mount Ida Chronicle, Volume X, Issue 528, 30 August 1879, Page 3

ACQUIREMENT OF LAND UNDER THE HOMESTEAD CLAUSE OF THE MINES ACT.

The adjourned application by Mr. David M'Cready for the purchase of 50 and the lease of 270 acres at Kyeburn Diggings, under the 66th section of the Mines Act come on for hearing at the Warden's Court Naseby, before H. W. Robinson, Esq, Warden, on Friday, 22nd August. Mr. Rowlatt appeared for the applicant. Mr. Christian, as one of the objectors, also appeared. The Warden said he had communicated with the Government, and had received a reply to the effect that the Government will not grant the agricultural lease of 270 acres, but that the Warden may report upon the 50 acre application. The Warden subsequently took occasion to say that the action of the Government was doubtless owing to the fact that they were of the opinion, as he himself was, that no person could purchase 50 acres and also secure a lease. Mr. Rowlatt said he was come prepared to support the agricultural lease application with several witnesses who had been brought here at great expense. He asked that the evidence be taken. The Warden said that the regulations obliged him to take evidence, if tendered, and to hear both sides. The fact that the Government had already decided not to grant the agricultural lease was certainly made known to him and he to save time had felt bound to mention it, but the right of refusal by the Governor always existed and the duty of the Warden under the regulations was to decide whether or not to issue a certificate, only leaving it to the superior authorities to determine whether a lease should be granted or not. Mr. Rowlatt decided to call his witnesses and to ask the Warden to decide whether or not to grant a certificate. Shortly after the case was begun all the witnesses, except the one being examined, left the Court

Wm. Guffie, miner, living at Naseby, working at Mount Burster, deposed: Mr. D. MCready last week asked him to come out to prospect holes that had been tried by Mr. Christian and others on the ground he had applied to lease and purchase. He wanted the opinion of several miners as to whether the ground prospected would pay. If it would not he would give no more bother in the matter. He went out on Monday, I8th, with R. M'Latchy, J. Dugan, Andrew Brown, J. Kealy, J. Hore; and John Creighton was also there. They began prospecting at what is known as the 16 feet hole, which is in a water course. After they had baled the hole out, samples of dirt were taken from the hole. The first prospect was tried by John Hore from a dish full of dirt two feet below the surface, was washed by him, and not a color was got. The dish used was of the best kind. Hore tried another dish ful, from dirt two feet above the bottom, and got five colors. There was the color of gold, without any substance. You had to look carefully to be certain whether it was gold or not. Did not think could save this gold in a since box. The next prospect was tried by Andrew Brown, he believed, and he understood it came from the bottom. He got five colors, of the same quality as the previous one. Tried a dish himself, from dirt stripped from six feet off the bottom. He got one color, of the same unsubstantial kind. Joseph Keally washed a dish, and got five colors. Mr. Christian was there while six dishes were washed. He was asked to point out the best place. He said there was not much difference in any of it. He was quite true in regard to that. Mr. Christian asked to be allowed to wash a prospect. Mr. M'Cready objected to this, as Mr. Christian had had plenty of time to prospect it before. After they had had lunch Mr. Christian came up from the Kyeburn, bringing some miners with him, and asked to wash a prospect. It was agreed to wait while he did so. He however declined to bale out the hole to get at the bottom. He had a dish full from the top, which he washed, and the result was about three colors. He held up the prospect and remarked that he had got over fifty colors. The dish was passed round until it came to John Hore, when it was remarked that all the colors but the three stuck to the dish. Gold had evidently at one time been dried in the dish, and it had stuck, as it sometimes would with tindishes. Witness tried to rub them off, but still they adhered. If he remembered right some of the tin was burnt off. The gold adhering to the dish most undoubtedly did not come out of the dirt. Called Andrew Brown's attention to it, but Christian said nothing about it. He seemed to admit it as a fact. There appeared to be three or four different layers in the hole. There was the earth and clay, and a burnt kind of dirt, which was considered too recent to be gold-bearing; the next layer was of a sandy-clay nature, in which gold was not often found. The remainder of the hole was of a rougher, freer nature, but not such a wash as one would expect gold in—as far as his experience went. Did not think there was a gully between Naseby and Kyeburn in which one could not get more gold than was got there. A tail race to work the ground would need to be at least 500 yds long. Mr. Christian did not ask to be allowed to wash any other prospect out of this hole. They then left the 16 feet hole. It could not be possible that a prospect could be washed out of this hole containing from 110 to 150 specs to the dish. The hole was thoroughly prospected. If all the ground round the hole was of the same nature, in his opinion, it would not be of the least use for mining. They then went about 30yds lower down near the fence. Mr. Christian was asked where be considered the gold was, and was also asked to point out a place where he would like a prospect washed. Christian washed a prospect in a place selected by himself in the dish we used. No color was obtained. The prospect was washed from a kind of water-course, say two or three feet deep, where some sods had been taken off and the water had cut in. The prospect he considered a fair test of the ground. Mr. Christian did not point out another more probable place. They then went to a gully about 300 yds away. It was remarked that the Warden had seen a prospect washed in this gully some two years ago. Found a hole, apparently bottomed, with about three inches of washdirt. Witness went into the hole, scraped a dish full off the bottom. Andrew Brown washed the dish, and he thought there was about a quarter of a grain—not a bad sample of fine gold. The hole was in the watercourse of the gully. Where the hole was sunk he thought the most favorable part of the gully. The wash was a kind of rubbly stuff, and was of a nature in which you would be much more likely to expect gold than the 16 feet shaft. They sank a hole about two and a-half feet deep opposite this hole. Andrew Brown washed one or two dishes, and a few very fine colors were got, which he thought better than what was got in the 16 feet shaft. The 16 feet hole was sunk in a place where, he thought, if there was gold in the neighborhood at all it should be caught. From what he saw of the ground in the gully where the two shafts were sunk he thought it would not pay for regular work. Cross-examined by Mr. Christian: Came as an impartial witness. Was not aware that he had been for years systematically trying to deprive Christian and party of their rights. Had never been to Court against him except when taken by him. Was not aware that he had jumped a claim of theirs when they were ready to wash up. He took up a claim. Saw Christian working in ground that he applied for before he applied for it. Never recollected going into their tail race and trying a prospect from it. Remember standing on the

bank of a washed-up tail race when Mr. R. Lawer tried a prospect in it, to which Mr. Christian had no right. He thought it was about 11 a.m., on the 18th, that he came on the ground applied for by M 'Cready to prospect it. Considered six dishes sufficiently tried a 16ft. hole when the prospects came off the sides all the way up. Saw John Hore washing a dish of dirt that came from a little below the surface. Thought he washed it in Christian's presence. Hore did not tell Christian that he got 12 colors from the dish of dirt obtained two feet below the surface. By gold with no substance, he meant gold that could not be saved in the ordinary way. Thought he was as competent as Christian to save fine gold. Was not aware that parties who had simply set boxes in the Little Kyeburn made as much as 50s. a week by catching gold that escaped the miners at Mount Burster. Mr. Christian : Well, I do Witness : I don't believe it. Continued: We washed from what you admitted was bottom. He honestly thought the dishes were washed well, and he thought the men who washed them were more capable than Christian was. In his hearing Christian did not ask any of them after lunch, to go into the hole and hand stuff out. If witness was on his oath twenty times he did not believe there was more than three colors besides what stuck to the dish. At a quarter to 5, when they wished to make a start for home, and after they had seen all they were taken out to see, Christian wanted them to go and see some quartz hills at the back. Did not believe there was 15 inches of wash in the hole in which he said there was 3 inches. The hole they they sunk he did not think was bottomed. The three dishes were washed at three different levels. There were a few colors in the last dish. There was no difference of any consequence in any of tlvs three dishes. The general remark amongst them all was that the ground was all alike.

John Hore, a miner, living at Naseby, and a shareholder in the Extended Company, said: Had been about twelve or thirteen years mining. Mr. M'Cready, on the 16th instant, asked hitn to go and prospect some holes sunk on the ground he had applied for for agricultural purposes. Mr. M'Cready said that if payable gold were got he would withdraw his application. With this understanding they went out. Tried one prospect in the 16 feet shaft before it was baled out, from dirt two feet below the surface, and got no gold. Had a good dish. Tried another prospect, when the hole was baled out, two feet from the bottom. Got 5 colors of a very fine kind. Might, by quicksilver and tussocks, if sluicing, catch some portions of such gold. Brown tried the next prospect off the bottom. This was not mulloch from the top. It was dug from the bottom. Got 5 colors. Guffie tried the next, some 6 feet from the bottom. One very fine color was found. Witness washed one more prospect some 8 or 9 feet from the bottom, and got 1 color. Kealy tried the last prospect some 4 or 5 feet from the surface, and got 4 or 5 colors. All the colors were of the same fine kind. You had to hold the dish in a particular position to see many of the colors. Christian was asked to show a good piece, but he said a good prospect could be got anywhere. Christian tried a prospect. There were 4 or 5 colors that were moveable. The others were burnt in the dish. They could not have come out of the dirt then washed. Christian brought a dish with him, and used it. When this was pointed out to Christian he said he did not know the gold was burnt into the dish, or something to that effect. He, however, said he could get a good prospect but did not do so. Thought they thoroughly prospected the hole. Did not think the ground,, if worked, would pay for more than tools. They then went and tried a prospect by M'Cready's fence, where the ground was washed by the water. Christian tried a prospect with the prospectors' dish, and did not get a color. There was no appearance of gold. Remembered going into another gully where there was a hole some 18 inches deep. There was something like 4 inches of washdirt. Brown tried a prospect from this hole, and got a good number of colors of fine gold—a little better sample than was got out of the other hole. Sank a hole in another part of the gully some 2½ feet deep, but did not bottom. Saw a prospect washed in the dish, yielding 4 or 5 colors, and believed Dugan got a color or two on a shovel. Would not work the ground in this gully himself. Christian, when it was time for them to leave, said there was another hole furtner up the creek where he could get as good a prospect. Cross - examined by Mr. Christian: Had worked at Hamilton, between Waipori and the Deep Stream, and at Naseby. Thought clean water was better for saving gold than dirty. Had said that he had seen coarser gold caught on the level of the top of the water in tussocks or briars. Thought the prospect tried in the hole was off the bottom. The water course where the shallow hole was was from 6 to 3 feet wide. There was a kind of terrace there some 15 yards wide. Saw the last prospect from the hole they sank washed by Brown. Thought that the shallow gully could be worked without a tail race for a time. Did not remember Mr M'Cready asking him to go and see this other hole before 5 o'clock.

John Creighton, farmer, deposed: Had been engaged 14 years in goldmining, but for the last 2 years had been farming. Had worked in a good many places in Otago. Mr M'Cready asked him to come and assist in testing the holes already sunk on the ground he was applying for. Saw prospects washed in the 16 feet shaft, and the prospects were washed with great care. He had seen one prospect, and observed 2 colors, and was informed that there were 3 others. It was the finest gold he had seen in his life. He considered the hole was fairly tried from bottom to top. He himself had not good sight, but he noticed that the others had to hold up the dish so that the sun shone upon it. Christian washed a prospect and got 3 colors, in addition to what was burned in the dish. It was not favorable looking ground. A tail race to work it, he supposed, would cost £2OO or £3OO. He did not believe that the ground if worked, wou'd pay for the tools, and he did not think the gold, if sluiced, could be saved. When he was cutting the Naseby Sludge Channel he found some extraordinary fine gold, and very deceiving in appearance. The hole was sunk in a place where gold should be if there was any about. Remembered trying 1 place near M'Cready's fence. Asked Christian to show them a place where he thought there was gold, and he did so, tried a prospect, and got no gold. Then went into another gully, tried a prospect from a shallow hole there, which Christian said was rich, and got a prospect of very fine gold. We sank another hole, which yielded gold. The gully was very narrow. Did not appear to be a likely locality.

Joseph Kealy, miner, Naseby, deposed : Had some 16 or 17 years experience in mining. Had mined in many parts of Otago. Went out to prospect ground at Kyeburn on Monday 18th, in company with others. Washed a prospect from the 16 feet hole, and got 5 very fine colors. Might save a small percentage of it with good appliances. Nobody got a better prospect than he did. From what he saw of the hole he thought the ground would not pay. The hole was sunk in a good spot, but the ground did not look favorable. .Remembered a prospect being tried by Christian near M'Cready's fence. Christian said he had got gold there, but did not do so on this occasion. In another gully a prospect was washed from 4 or 5 inches of wash and a number of fine colors were got. Would not like to go to much expense to

work the gully. Could be no extent of . ground. Cross - examined by Mr. Christian: Had never seen any ground, containing payable gold that had not had quartz stones in it. Had worked with his own water at Hamilton, ground sluicing, Was aware that more gold could be saved with clean water than with dirty. The natural facilities for working the ground applied for by M'Cready were good, but he had seen better. Thought the greater part of the gold there could not be saved. Had got finer gold than at Naseby in the Molyneoux. Did not see the last dish that was washed from this little gully. The Court adjourned for an hour and a half. Messrs. Robert M'L.atchy and George Thomas also gave evidence, which was mainly confirmatory of that given by Messrs. Guffie, Hore, Creighton, and Kealy. We would publish their evidence in full were our space not so limited. David M'Cready, the applicant, deposed : He had the principal coalmine at Kyeburn. It was distant about 30 chains from the land applien for, on the south side. The seam dipped away from the land applied for. He did not think any part of the seam ran into the land applied for. Did not think Stuart's seam ran into this land. His object in getting the witnesses to test the ground was that, as Mr Christian and others had said it was so good, he was resolved to get the best men he could to try it, meaning, if it was as good as they said, to give up his application. Mr. Christian asked to be allowed to call rebutting evidence. Samuel Veale, re-called, said that he was present when the Naseby prospectors was on tha ground, and saw several prospects washed. Was aware that Mr Stuart supplied a great quantity of coal. That seam dipped to the west and ran north and south, very near. Was aware that Stuart found either that seam or another on the opposite side of the gully, nearer to the land applied for. Cross-examined by Mr Rowlatt: Had not been in Stuart's tunnel with a compass. Could tell within a few points without checking with a compass. The Court adjourned till the following morning. Mr Rowlatt addressed the Court, pointing out the disparity between the prospects obtained by the objectors and the disinterested witnesses. He was quite willing to agree to a mining outlet being reserved through the land. Mr. Christian replied : In his opinion the witnesses were either biassed or paid. He did not much believe in their ability to wash a prospect. After all they had only proved what they themselves got. They had not disproved that the objectors did not get better prospects. The Warden said, he was of opinion that the evidance did not warrant him in refusing to recommend the 50 acre purchase, but he would recommend it in a different form to that first surveyed—so as to leave out the 16 feet shaft. This would take in Mr. M'Cready's house and most valuable improvements, and would take in no proved auriferous ground. As regards the agricultural lease application he did not think it would be possible for him to grant a certificate. The prospecting done had shewn there was gold, although the latter examination had a tendency to raise strong doubts as to whether the first prospecting by objectors had been so successsul as alleged. Had he not been aware of the intention of the Government to refuse he would still have thought it impolitic to grant so large an area as that sought, and, as already stated, he was' himself of opinion that if the 50 acres were granted in freehold the agricultural lease could not be. Mr Christian pointed out that the 50 acres now proposed were different to those previously surveyed; and the Warden took a note of this.