THE WARDENS' COURT, SHORTLAND.

New Zealand Herald, Volume V, Issue 1399, 12 May 1868, Page 3

THE WARDENS' COURT, SHORTLAND.

THE PROSPECTORS' CLAIM, TAPU CREEK. —BEEPING VERSUS ALLUVIAL WOKKING. Feidat. (Before James liaekny, jun., Esq., Judge.) B. B. Gil AH All v. KIDD AITD PABTY. This was a claim brought by the Tapu Company to recover possession of certain ground adjoining their own, now worked as surface ground—on the plea that it contained gold-baaring leaders, and was legally quartz reefing ground. Messrs. Dcdd, Mesketh., and SlacdonMd, appeared for plaintiffs; Messrs. MacCormack and Joy for defend tints. liichard Robert Graham, deposed: I reide sfc Tapu Creek, and am one of the plaintiffs in this action. I know the co-plaintiffs iu this action, and the rlaim known as Mci'saao's, at Tapu. lam not aware of the name of every person in the claim on. the 30th of April. I had two full shares at thnt time, and John Wilson had one. I cannot say if Allan llclsaaca had a full share or a half share. He wag manager of the claim. Binns hud also un interest in the claim. Thf-ra were eight mun's ground, and ten as a prospecting claim, it was a reefing claim. I know defendant, and have seen him at work on the Claim. The men were working the ground as allui ial. I was absent for some days, and on my return the mon were engaged in takirg out a leader, from which they o'c: ;..i>,d quartz a::d mullock. The first portion of quartz was burned and passed through a Berdan. 1 them a retort, but I don't know the yield of gold. It was very nice. The leader was gold-bearing throughout, and patchy in places. The quartz was similar to that taken out r.f my drive. I took specimens out of the leader thev were working two days ago. I have a drive through, and conclude that the leader is connected with the main leader on the top of the range. I have driven along the range with others in order to catch the loader. I hare never been on an alluvial diggings, and am therefore not in a position to describe the difference between alluvial and quartz-reefing. I ttui acquainted with reefing. The men were engaged in taking, out the surface leader instead of working alluvial, ■ai the ground was given by. the "Warden.

By Mr. MaoCormick-: J held one share on .the 30th of-April. 'I pegged off the ground in company with the Mclsaacs, who numbered five, and Harry Pierce. I also pegged off a portion as *iu alluvial claim with Frank Mclsaacs, about eight wee]i9 ago—seven men's ground. I worked it by wages' men/| Alan Mclsaacs managed the work. Shortly after pegging it off, I had a dispute with a' Frenchman !and hi* party respecting the ground. I had an idea that some persons would peg it off, and wished to be the first. Martin was cutting wood for lis at that time. Flanaghan and Baker were put on the ground with other wageß' men. T never made an application to hare the claim registered. I asked the Commissioner for protection, but he told me it was unnecessary. The application was for both, claims. The men worked on wages for nine days and a'-half. I and Wilson paid the men. Flanaghan and Heath were present. I told them I could not beep them any longer, as the ground, would not pay. They said " you might us well give it to us if it won't pay you." This was on Saturday. I told them I would consult Mclsaacs and Wilson, and let them know. I did not tell them to shepherd the ground oil Monday and I would give thum an answer on Tuesday. I promised to give them an answer early on Tuesday morning. The ground was unworked in the meantime. I cannot say if Heath or Martin were on the ground on Monday. I cannot say if Mclsaacs went on the ground and took up a hand-fui of wash dirt, telling the men nfter examining it, that it would not pay. On Tuesday morning the seven men came on the ground. I had a paper which had been prepared for them to sign, and gave them possession of the ground. The men signed the paper and I took it away. I cannot tell what became of it. I gave it to Harry Binns when he came up as manager. This occurred about the 24th of March. I was frequently on the ground afterwards, but did not liueritiie. i cannot tell the date B:nna became manager. It is about a month ago. The first objection I heard to the men working the ground was from Mr. Wrigley. I went into the drive last Friday, and seeing the way the leaders were running, I objected to its being worked as alluvial. I told them they might desert the ground at the end of three days, and take all they had on hand. I afterwards extended the time to seven days, and Binns proposed that they should hold it for fourteen day«, keeping all the gold they got out of it. I have made a drive which rises and goes upon ajtevel, and have traced the leader to the level. Ths drive is about twenty-five or thirty feet upon a level. I traced the leader or four feet of where they were working, but they did not break in upon it, because of the injunction. I continued this work a few days ago., I had experience in mining in a claim next to Hunt's. The leaders in Mclsaacs' ground are not of the same nature. They are more mullocky. Mr. Binns took the men into the drive and showed them the leaders. I asked them- to go and ■ ooV, in order t':s' 'hey might not put their foot into i* ; • o far.

By M:-, Jfr.cdonald—lf it hadjiot been for the inI should have traced the Jleader oil to the men's workings. T? "ou.t —I don't know the amount of quartz taken out, I hare heard that they had got forty-four ounces of gold.

Tc» y". '"ep:.'o 7 —l am a"shareholder in the :laim at Tapu Creek formerly known as Mclsaacs* ?roapectiug Claim. I have been a miner, twelve or ;hirteen years, and have had experience in reefing as ivcU a_. J'.uvLl digging. X know the claim in which ;he dispute has ariaen. I was one of the original shareholders in that claim. It consists of nineteen men's ground, and is a reef claim. The gold is being taken from a branch defined from the main leader. I have seen the defendants working on the ground. I'hey have worked it partly as an alluvial claim, but bave been compelled to use reefing appliances. There are a good many hard and soft leaders. By a hard leader I mean one requiring to be blasted to open out. Br a soft leader I mean one where the quartz or rotton stone is found in the mullock. Gold can be obtained from soft mullocky leaders by simply washing, but should cnll it reef gold, whether coarse or fine, if it had not travelled far. It is possible to obtain fine gold on the coating of a leader by simply washing, or pursuing the same course as for alluvial gold, but it would not be possible to extract all the gold by that process. I should call this reef gold. I know where the defendants are working. The stuff they produce is exactly similar to the reef drive. The nature of the ground defendants are working iB flatter than the other. One runs perpendicular on one side and the other runs flat, both joining on the top portion of the leader, i'hey wash tho stuff by a cradle and crush it in the machine. The gold could be extracted by the machint without the othar process. A miner could work it as a reef claim, and extract the gold from the lead by machinery and quicksilver. I never saw a berdan used on alluvial claim, although one has been used by defendants. They are working on a defined leader from the main leader. I recollect the time the ground was given to defendants aa an alluvial claim. Alan Mclsaacs then held half-a-share. I held three full shares at' the time. Alan Mclsaacs was managing it at the time, but had no right to dispose of the ground without my authority. I held three-tenths of the claim at that time The manager was authorised to put wages men on the ground. It was then supposed to be alluvial, but no such gold had been taken out of it. I never saw any taken out. The defendants are in possession of some of my ground, by the authority only of Mr. Graham and Mr, Alan Mclsaacs. They had no authority to bind the other owners, and I consider they are illegally in possession. The defendants have taken gold-bearing quartz from the claim, which I consider we are entitled to. The present shareholders are Messrs. Morrin, Reader Wood, Tothil 1 , Ormßby, Howard, Wilson, Bucklanti and myself. I have transferred shares to these parties. I don't know Mr. Wilson's christian name.

By Mr. MacCormick: I have worked at the Buller, where it is alluvial or creek gold. I never worked at Pakihi. The gold is seldom got out of hard working on the West Coast. It is sometimes. I have worked in the Ballarat and Bendigo districts. I have known alluvial gold got out of leads at a depth of 100 feet, Out I never knew a berdan to be ÜBed on such claims. I remember the time when, the claim was taken over as alluvial ground. It was taken up to prevent others from getting it, and to prove its nature. I was not present when the men were put in possession of the ground. They were working as wages men, but after an absence in Auckland I found the men had possession. Mr. Wilson told me they were about to give the ground over to the surface men. The shareholders at that time were Wilson, Graham, Pen, Alan Mclsaacs, Howard, and myself. The two latter had half shares. I

Went to Tapu and objected to this course ahout tho lit of April. The men told me they had the ground given to them, and showed me the paper. I remained on the grou id up to last Friday. I got an injunction after my return from Auckland. I suggested that they should take a fortnight to clear off their quartz and vacate the ground, if the shareholders in Auckland were willing ; but they refused to do so, and preferred to go on with their case. I made this proposal after I had been instructed to take proceedings against them. The width of defendant's working is about forfy feet, varying in depth f;om seven feet to a fine point. I examined the ground when I bought in, and found it consisted of quartz leaders very mullocky throughout. By Mr. Dodd: Mv quartz is very rotien, and the gold tumbling from it. I should still call it reef gold. Gold on the West Ooaat is got from black •and', 'J he black eand cement has nothing to do with quartz. By the Court: I call it alluvial gold when it is distinct from quartz. I have never seen rock in gold on alluvia! finldu, with the exception of small pieces. I have seen cement crushed. I don't know what tVie gold is called obtained from cement. I should peg such claims out as alluvial. Sometimes gold is found in hard boulders on olluvial ground. I never knew a cement claim takeu up for retfing. Gold iB found at a distance from the reef, and this I call reef gold. I call gold detached from the reef, if miles away, reef gold, and not alluvial. It is seldom that alluvial gold is found where quartz gold exists. By Mr. Dodd : Gold on alluvial fields is harder and more water-worn.

By the Court: I never found gold except that much water-worn on an alluvial field when sluicing. I never found fine gold resembling reef gold on an alluvial diggings.

Robert Kelly, deposed : I have been sixteen years K miner, and know the claim in question. I consider it a reef claim, acd this is borne out by its formation. I was through the workings last weak, and had them pointed out to me by Henry Burns. They were reef workings in my opinion, as an experienced miner. The leaders I saw were not Buch as would be found on an alluvial claim. It was a vein of bluish mullock, mixed with quartz. The gold taken tom those workings I should call reef gold, whether ooane or fine. It is, in many instances, impoasibls to obtain gold from a ?eof simply by washing. Gold could, in my .opinion, he obtained from the reef pointed out simply by washing, and perhaps the greater portion of it could be so obtained. I have never known a similar claim to be called alluvial. It is not customary to use a berdan on an alluvial claim. Stuff obtained from the immediate neighbourhood of a reef I should call a reef. I coticed tho leader in the drives under the workings, and do not think there were any leaders in the ground pointed out to me on the surface. "Workings were pointed out to me on tho top of the drive. I cannot aay that I saw any leader in the ground pointed out to me on the . top of the drive. I saw a leader on the top of the *idge. By Mr. MacCormack: I have not been on the "West Coast. T have never known a berdan to be uaed on alluvial grounds, but have known a crushing machine.

By Mr. Dodd : I have only known machines to be used on alluvial claims for crushing rement, and in no other instance. Cement runs horizontal, but reef neatly vertioal. and are quite different formations. CrosbieKidd deposed: lam one of the defendants. I hare taken an active part in the working of this claim in company with my mates. I hnow how much gold we have taken out, which is about 80 ounces. It was taken out of the wash-dirt. We did take stuff from the surface of Mclsaac's claim, which we put through a berdan. X don't know how much we obtained from a berdan. I dare say about'3o or 40 ounces. We first cradled the stuff, and then' put at through the berdan. W e burnt some of the wash■dirt, and sent some to Frazer and Tinne's machine.

By Mr. MacCorinack: This is an alluvial claim, ■previously held by Mclsaacs and party. Itwas given to us as such by Graham, one of. the plaintiffs. Mclsaacs' wages men had List worked it. None of the Mclsaacs ga/e any reason for giving us the ground. We had a conversation with Graham prior to taking possession, and he said "We were to -work it the same as wages men, and we were pfut in .possession about the 24th of March. The wagesmen piled the wash-dirt, and we made use of it. An •injunction was served on our party on the 13th of Apri'. I did not hear of any objection before that time. I- don't know of any gold obtained prior to our working on this pi ace of ground, which was worked as alluvial ; we have not '■ taken any stuff out of Mclsaaos leaders ;• the bottom of the claim is a sort of slate, but we have not gone through it. Mclsaacs have been through onr bottom. Our: party have-not interfered with the workings of-the Olajm. We have not' worked- in any part of' Molsaacs' claim except the alluvial claim. We have not taken any gold-bearing quarts out of this alluvial claim.

By Mr. Macdonald : I have been twelve years mining off and on and about four years engaged, but never on any quartz claim before coming to the Thames. I know the distinction between, a reef claim, and alluvial. ' ■

The closed the plaintiffs' case. Mr. MacOormick then put in the document signed by the defendant and the first injunction; (This closed the defendants' Case. Council having addressed the Court on both sides, 1 The Court gare judgment, stating that the defendants had been put voluntarily in possession by the complainant Grraham and others, and do-not appear to have been interfered with in any of the workings by the complainants: It aho appeared that after the ground had been given to them the complainants .actually lent to the defendants the berdan machine and retort to procure the 'gold, which they (complainants) now sought co recover. It appeared from the whole case that the complainants -assisted and encouraged the defendants in the working of this piece of ground. The Court, therefore, decided that the defendants are entitled to occupy seven men's ground, as an alluvial claim, and must work it BBbjact to.'the samo restrictions were given in the judgment Xong and Party v. Mclsaacs and Party, and that that judgment he a part and parcel of this judgment.