MAGISTRATE'S COURT.

Nelson Evening Mail, Volume XXXVI, 4 November 1902, Page 2

MAGISTRATE'S COURT.

PUPONGA MINE CHARGES. The hearing of tho chirgo- n gainst Joseph Tayler in connection wi h the m-nagement ( f the Pnpongri Coal Mine wis continued yet tei day after we went to press b fore Mr BV VV. KobinsoD, S.M. Mr A. T. Maginnity appeared for Mr Hayward, Managing Direct r of tho I °™P ,in y- aa J > Ir C. Y. Fell r. presented .-:•■.' accusec*, .L'.seph Taylor, ex-manacre-r. | Joseph Taylor, the <l fendai t, o timed his evidence. It was a scheme which provided for present and all future needs of tbe mine. I The scheme wast comlinoas many as possible of the 1. cal buy I, rights along with hiH own bu,h rights, which were extensive on his own lands, ar.d to hold Ifaoae .Khlf. meucha in.nnor as would enable witness to utilise tbem if need be, independently of the company's affairs along ivilh his own bush ri-tLts. a.t this time Taylor held one seel ion of 9u acres, mostly coveied with splendid bush, at Mackay's Bush, fit particularly f r mining purposes. This was held under tbe I occupation license with right to purchase Adjoining thafc Taylor possessed on the holding of 553 acres, wl.ich was bought from b i-hor, a neighbour. Taylor aio had another freehold section cf 100 acres at Bonnio Doon. there was also an acre at Bainham. belonging to Mrs Taylor. The limb- r rights standing fn Taylor's name were on Jeffries land, two sections on Lucas' land. J aruieeon'a at Bom ie Do.-n, Ihree important sections at liOngford's adjoiainy witness' section at Bonnie Doon. Witn^ al-o had permission lotako imberfi-om Tibbie's land. All these wereouttide the bush tights that went along wiih tho mill plant. The bush ri«bl s I hat belonged to the milt plant were over William Cooke's land, and also laud belonging tj Louisa Fish. These wero considered as belonging to the company Tay] r pnrcha ed a mill and fewmilliner pi ut complete, with horsei and bullocks, and also a few acres of land, buildings, and timber rights. Tbe place was known as Cooper's mill. Tbe mill was bought iu February, 1901, The timber on Jeffries' section had been felled and burnt many years previously, and be being a farmer wanted hie land cleared. All this timber was bopnd heart of rimu, which although slightly decayed waain good condition. This was the best tim. ber th.it could be procured, especially for railway sleepers, wharf contraction, and minii g purposes tenerally. Witness proceeded to cut the timber and use it for the purposes slated He exhausted tbe timber on this section, and had to resort to the timber on Lucas' land, which was fur the most part also felled and burned. The accessible park of this timber n*»ar the mill was used, the remainder being procured from bis Bon- ie Doon section. The work done st Bonnie Doon was for ■ the purpose of getting the mill there. Had also cufc mining timber and piles from his land at Mackay'a Pass. Rogers 1 statement was approximately correct. AU that timber which had not come from the company's land Tayl .r bad put in a cLirn. the claim did not come up by a lmg way to the market value cf tbe timber suppliod. A similar class of timber had recently brought 14s per 100 feet. Soon after Ihe .£3600 was received funds again became exhausted, ard there was a balance due to him of*; .£303 Ib Id as oa September 4, 1901, after adding local incomes, all spent in wa, r es and miscellaneous expendituie asset out in bis statement. The local receipts amounted to £4LD. Witness opened an account ia the Bank of New Zealand, as it was not desirable to have all the eggs in one basket" Had als > a credit balance at the Union Bank, and thrmght tome might earn in terest. In Sept- m ber and December 190', ±'2300 was remitted to him. In January, 1002, a further sum pf .£ISOO was remitted to him, which was tbe la&t sum receive 1 from England. Mr Davis came cut to New Zealand, and on looking all round the property expressed eminent satisfaction. Mr Hayward camy out ia June last, but did not express any condemnation er dissatafao ion at not receiving accounts. Witness .suggested that Mr Hayward and hinißelf should go into accounts, and Mr Ha*, ward replied that he wa- in a hur; yto get back to Wellington. Mr Hayward afterwards asked him lo show what money was in band. Witness produced the account sbef ts to Mr Hayward, and asked when they should go through them and evolve a statement.. Mr Hayward said it was not necessary to go further back wi h tie accounts than November 28th, 1901. Mr Hiyward and himself went to Takaka, and the former went back to Nelson and thence cn to Wellington. The books and papers wero trTen scattered in several places, and lo prepare a b tat erne nt it would necessitate getting them together. It was 11th of august last when Mr Haywsrd first asked witness definitely about accounts, and both had a general conversati n about accounts and wittieso' Bainham sch: mc. Next saw Hayward about tbe ac ounts in Nel on later on, tefore the 25th July of the present year There was nothing specifically fixed about the account* on that date. It was after that date Mr Hayward definitely asked witness for the a'.coyuit3 —^Yhen Mr Bishop came over to Puponga, Q^t,b4k| occasion Hayward asked witness to show Bishop over the mine, On the party, which con» ?ia led of Messrs Hsyward, bishop, and witness, arriving b?ck at witnestj' house a general conversation took place about the accounts. It was ultimately aereed that another manager be appointed, and witness came on to Nelson to prepare a Bt affluent of accounts with the assistance of Mr Hayward. Never had an opportnr ity of con erring with Mr Hayward on Mr Bishop's report. On the 10th AngQJt wi | ness' powor of at torney waa caucelled ud v- itness was disefcarged After the power of attorney was cancelled. Taylor was son I from Neb on iu August to discharge the men at the mine. After 20th August witness' funcnors were nearly Ibe same, be having been given no opportunity lo prepare » statement. Again brought the books and papers back to Nelson, but was seut again t ■ Uingwood. Onthe 10th September Mr Hayward asked Taylor to rel urn t > Cf llingwcod and pay the wages to the men. Mr Hayward gave tho witness £2s[ 7s Td in lank notes. Witness told Mr Hayward that i> he (Taylor) had to go to Puponga be could not make ap tbe accounts. Witues- arrived back in Nelson on th* 17th Sep^ tember. Mr Hayward informed Taylor" that unless he made over to him (Hay-' ward) and Mr Da vies, a proposal regaro> ing Taylor's shares, they, Messrs Hay:-, ward acd Davip, would reconstruct the? company in EDg'and and institute limitation agon st Taylor for nmnja n ae£ment. Mr Hayward further told wji ne fe 8 that he must remember that his shares were only paper money, and Mr Hayward pressed witness for an immediate answer Two thousand tp each was the number referred t". This conversatipn brned upon a letter witness eont to Hayward Mr Haywa'd proposed a scheme that he (Hayward) shi.uld double the interest of himself ( witness) ar d hj 8 wife. Tn e letter was dat>-d Mh Sept- ruber HKJ2 Did n.,t asr.e to thßt but s nt a ietfer by Amos Taylor cor.s< ming to a transfer if he (witness) coul I transfer to his sodb. On 17th Sept mber, Taylor bad a conrersation wilh Mr Ila.ywuid. Tbe lefereuce j to £30 or 140 was in regard to his own cash statement, and not any account againtt the company. Mr Hayward asked Taylor if he had brought an inventory. Taylor replied in the negative, Wt stated' that what he had paid for was fully B et out in tho books and wi.uld be evident I hen from Tben Hayward suddenly turned on him and uted nasty threAte Mr Hay ward said that if the shareholder! in England started ligitation aginst him where would bo be, and where woold hia* 2i.,ofK) shares be ? After that Taylor a ddrossed Mr Hayward seriously to the following effect :-■• You have menaced me with threat 1 * ever since you came to Nel son!" Hayward replied that bp had never menaced Taylor. ; and also remarked , that Taylor had outraged him in a mo st sen-os way. Mr Hayward had further s'ated to him tbat Mr Bishop was inanjrura'ing a scheme at Puponga which would pull np by the roots all that he had hitherto done, and involved tbe ruin of Taylor's own leputation. Taylor then reminded Mr Hayward cf the arrangement between the shareholders when he consented lo allow Mr Bishrp fo make a report. Taylor ffipulnted thafc the report should be placed before him prior to its despatch to England so that rie could send a criticism along" with it for the guidance of the directors. Taylor then remarked lo Hayward, " TJp to tbis vou will find you've run against a snap" Defendant gave evidence at considerable leneth regarding the altering and erasing ot the ncconnt books, commencTno- f»2~ 6th April, 10UI. In the first in ta nc e\n exhibit A lO witness wrote "Harry Lucaa" and, prior to matin* up the day book for bush rights at Bainham *ti '' n d»y book A'ivas written np by Bogew Witness put the thoot before RoLS ? w£ n-Pied „ Acc.-..Urg tp'the shelQ £* Ha-ry Lucas, £6." The secured euftJ 1 7<? ; v^ U f^ b^^ -nines*' solici'or Td < nsed tl.Ht this entry should not apJJJj

-v^;-v^. ~ ;*— itthe accounts afc all, and a f»* lo Js; tfcylor " ehcpbindt have Appear 0 ? at n *" ,??beaccoanU I^**"^ Tr the substitution of Joseph Jayl *r ior rarry Lucas. It ness paid ,he amount to Harry L'^by I&elf in his private capacity. A rece pt wka received in accordance tberewirn. ISSSdidaot then correspond with ftdSK* bS«e it had been copied S^erafrom the original day book. I iL i SwMfrere to make the book acAs it was, witness fitted that the entry was wrong, and wifc•sb perceived that it *as quite open to ISptekeii undue advantige of. J ay lor Mil asserted tbat the item of £6 was not ciAroed to lhe company. Tho £6 was te ken Won the original sheet itself, but c rned 6a in the total. Taylor prepared a draft statement and submitted ib to Mr St. John, who had no time to criticise it, e^ cept thfciaafcjlheet. This was ™taesß bUL Otlgiiia^y 'feylor ha i charged tie tm^m^ixmim 6d for timber tfiaftftfa? witness property. Aayior stnk«ng^ m in the geet^ ot sent in to Mr W"*^ h gbeets , known *fe2^*'^Sral given up till SMSfjS '^Sl threatened. In gfemtX thß.hree items were noted as a book a.dchargS^VoriSnal day book by error. the entries be was » ttKwSSo* that these three Ef wek eliminated from the state-, Stf InVKtbifeit AMr the original was] •Ifo '&o&a&t& timber from Jeffries' l*n* llWoa "; ff W. Jeffries, rent acre sectiofc; W" The erf sed portion whs probably were merely fragment. Page 29 of -M, gPto trirt* writing, and aoneonlhj of this year. Witness MthLe -now "^,J&?% stood on an .erasure. Taylor could am mi-e that the original words were WJ Jeffries." The alterations were made for the same reasons as m the case ofi Lugg In Exhibit lfclO-on 2nd August, >-JH\9m pears " W#|effiies W-V-w^JfJ SrlOOOf^oJ timber-^/; rh,sjgn ruled out. The entry appean n ,*t«™ else. TayMtreated it as a pn^"coatm (fiFA^Sneefcand day book* a 2, on tbe 7 lin» as it Stood to begin with, » GM&* ie &■" " CustomsTNehon, is scratched oot, and above is written "Joseph Taylor," which is roledout, and tbeflßure^Sis ako rnledoot. ind ay book A%, dited 17th J ana, 4*02, witness foaaA Joseph T»ylor, for . f barf license forliS&hoTe, etc, £5." JMp<*oita,'*. Jos; Taylor " is. writt*n oa. an erasure. The wo*a« tbat first occupied tbe place no v filled by Joseph Tayte'r were '• Cobtoms, Nelson." The writiig id etatiifißnl A2 ia it tbe handwriting of witness' eon, Spenoer Taylor, . The w.oijdsj "Joseph layldr^ are inißpenc^^ayWsbaiadwrttinu. Spencer Taylor copied it from witness' sbe to. Remembered the explanation re v^m. Jeffries.* Could hot rule the items out a second time, beo4ttse r lhe boyk b^bejßn banded to Mr "^av ward. The circumstances were tbe same as in Jeffries' case. With regard ]o the charge of £507 13s 4»t:-the "snia was on account of wha#the_ company owed him tor wharf timber' an4spiw»s,retc: Was sure that his bill would amount to this and' more Wifeless reoSoned tbat this sum would be about all there was in the Dnioa Bank of Australia to his credit. He meant that if*a balance "of the' cash aad income were made a*^ between himself and the company, irrespectively of his bill, he thought that that wonld be tbe amount to be taken. This amount was written on an erasing rfn sheet A lO an entry under date 'liMf'&ifeast the piles, etc, Joseph Taylor £667 I3s 4d was partly written on an erasure. ,-Aiterlnrther evidence of a similar natMßVbad been takon, the Court ruse at 5.15 p.m.