THE NGUNGURU COAL FIELD

New Zealand Herald, Volume XXXII, Issue 9943, 5 October 1895, Page 5

THE NGUNGURU COAL FIELD

A PECULIAR CASE. At the Whangarei Police Court on Wednesday (before Mr. R. S. Bush, S.M.), JohnOrd, coal mine manager, and Tame Weringitana. a half-caste, both of Kiripaka, were charged upon the information of E. S. Wright, manager of the Ngunguru Coal Mine, with having on the 4th September, 1895, at Kiripaka, unlawfully and maliciously, and with intent to obstruct the working of the mine damaged with intent to render useless a certain windlass rope used in the work connected with : a certain coal mine situate on a block of land called or known by the name of Te Kiripaka No. 1 B, No. 3, commonly known as the Punipo, contrary to the provisions of subsection 5 of section 317 of the Criminal Code. The case, which from the surrounding and peculiar circumstances evoked considerable interest, lasted the whole day and was not concluded until 9 p.m. Mr. S. R. Sceadman appeared for the prosecution, and Mr. J. K. Lundon, of Auckland, for both the accused. For the prosecution Messrs. Dunning (chairman of directors of the Ngunguru Cosi! Company), Wight (manager), Climo, Sprouu, and Davis (miners), and Atigelo (publican), gave evidence, from which it appeared that on May 21, 1895, the accused VVeringatuna, with three other native owners, executed an agreement, irrevocably appointing Messrs. Dunning, Angelo, and Davis, their attorneys and agents, tor a period of 10 years, to mine for coal upon the abovenamed block, and giving full and absolute power over the block in so far as the coal therein is concerned, covenants being inserted expressly denying to the owners any right whatever to question or interfere with the agents in any way whatsoever. The agents were to retain 25 per cent., and to pay to the owners the balance (25 per cent.) of the profits arising from the production and sale of the coal. The evidence further showed that on September 4 last the two accused, whilst examining the block, discovered Climo and Sprout .sinking a shaft, and that they declined to stop work, though urged by Weringitana so to do. The latter used every possible endeavour to persuade Climo to come out of the shaft and leave the block, but without effect, as Climo said he had instructions from Dunning, through Wight, to work there, and he was not going away unless ordered to go by Wight. Weringitana then, at Old's suggestion, threatened to cut the windlass rope and leave Climo down the shaft unisss he at once came up, and as Climo took | no notice of the threat Weringatana seized > an axe and cut the rope in two places, throwing the pieces away on the ground, and then leaving the locality in Ord's company. For the defence no witnesses were called. Mr. Lundon (in an address of over an hour's duration baaing his defence upon the ground that, assuming the circumstances of the occurrence as stated in the evidence for the prosecution to be correct, no such offence as charged had thereby been constituted. His argument centred chiefly upon the question of " colour aud right, and from the law reports he quoted in extenso, Regina v. James (8 C. and P.), James v. Phelps (11 A. and E.), Regina v. Matthews (14 Cox C.C.), .snow v. Allen (1 Stark N.P.C.), White v. Feast (7 Q. 8.), Price v. Ngatuere Tawhao (N.Z.L.R., 3 S.C.), Regina v. Price, in re Coleman (L.K, 1 S.C.), and Regina v. McKenzie (L.R., 14 S.C.) to show that the agreement notwithstanding a criminal action could not succeed, and that the remedy, if any, was by civil process. Mr. Steadman^replied shortly, whereupon His Worship, after commenting upon the law points raised by Mr. Lundon, expressed the opinion that the section under which the charge was laid was never intended to apply to a cu.se such as this, and consequently that both the accused must be discharged. During the course of the hearing it was stated by counsel for the defendants that the natives intended to take action against Messrs. Dunning and Angelo to recover • damages for waste, so that evidently the Supreme Court will be called upon to settle , the matters in dispute.