LAW AND POLICE

New Zealand Herald, Volume XXXIII, Issue 10083, 19 March 1896, Page 3

LAW AND POLICE

SUPREME COURT. BANCO. Wednesday. (Before His Honor Mr. Justice Conolly.] CADMAN'SGOLLY NO. 1 SPF.CIALCLAIM—APPEAL. In the matter of the Mining Act, 1891, and its amendments, and of an application by Alfred Benthain, for a special claim called Cadman's Gaily No. 1 Special Claim, Mr. Cooper moved that the decision of Mr. Warden Kenny be reversed. When the application was heard before Mr. Warden Kenny ac Coromandel, objections were made by John D O'Brien and by Mr. Greville on behalf of the Standard Special Claim. The objections were sustained, and the apnlication was refused, and one ground was that the name of the block, " Karaka Block," was not stated in the application. Mr. Cooper, instructed by Mr. McGregor, appeared for the appellant; Mr. Baume, instructed by Mr. Beale, appeared for Mr. Greville, and Mr. Parr appeared for Mr. O'Brien, the other objector. Witnesses were ordered out of Court.

Mr. Cooper said this was an application by way of re-hearing under section 28(5 of th'i Mining Act, 1891, and this being a rehearing they would have to go into the evidence. He quoted authorities from the Victoria reports as to tho mode of procednre, and pointed out that they might call other witnesses besides those called at the War« den's Court, but they should not attempt; to set up a fresh case. The facts were these :— Mr. Bentham was a prospector, and was at Coromandel in September last year, and having obtaiued information of the existence of auriferous country in Cadman's Gully, adjacent to Coromaudel, he pegged out this ground on the 20th of September, but he had then only a 10s miner's right. On attending at the Warden's Court next morning Mr, Lawlor, clerk of the court, informed him thai he required a 20s miner's right to entitle him to apply for this ground. He accordingly obtained a £1 miner's right, and pegged out the ground a Becoud time the same afternoon (Saturday), and lodged his application on Monday, without, however, altering the date of marking out from the 20th to the 21st. Mr. Cooper then referred to the objections lodged by Mr. J. D. O'Brien. The (.'rounds of objection were 1. That Albert Bentham did not, prior to his application, validly mark out the said claim, inasmuch as at the time of his marking out, he was not in possession of a miner's right as required by law. 2. That the said A. Bentham has been guilty of fraud and misrepresentation, inasmuch as he wilfully misstated in his application the locality of the said claim, and so deceived the Court. 3. That he, John D. O'Brien, was the first applicant for the ground comprised in the said claim. The objection lodged by Ernest John Grosvenor Frostcin • Greville was an amplification of the former, pointing out that Mr. Bentham did not state that the special claim was situated on the Karaka Block. Mr.Cooper proceeded to point nut that the objection was mainly on these points. Id turned out that the ground marked out was on the co-.itines of the Karaka Block, but; upon Mr. Bentham lodging his application Mr. Lawlc.-, the clerk of the Warden's Court, raised no objection to tho name of the Karaka Block not being on the application. The ground was rushed and pegged out many times over. There was, he pointed out, the further fact that the Warden accepted this application, and set it down for hearing months before it was actually heard. He contended that it would be absurd to expect miners to know the exact blocks on which they pegged out, but the description given was most accurate. It was two and a-half miles from Cadman's old mill, up Cadman's Creek,bounded by tha Whangapoua track, and on all other sides by unoccupied ground. He contended that the appellant had complied with the law, and that the objectors were jumpers. Mr. Bentham had asked for a special claim, as it would require a large amount of capital to develop it, and that such capital would be available, and they were also entitled to a special claim as a reward for taking up old ground, and this ground had been worked twenty years ago. O'Brien worked there twenty years ago, and it was in consequence of his information that Bentham pegged out the ground. Mr. Cooper called Theodore M. Lawlor, Clerk of the Warden's Court and Mining Registrar at Coromandel, who produced a certified copy of Mr. Bentlmn's application. Mr. Baume objected to its being received as evidence, contending that the original should be produced. After hearing argument, His Honor said there was a further objection—the documents had not been filed. Mr. Cooper argued that the appellant had done all that the registrar required of him, but His Honor held that in any case the document, as well as another produced, should have been filed. That was a question of fees, but if Mr. Baume pressed his obje»' tion, he must sustain it. Mr. Cooper pointed out that the original documents could be available for Friday, and he would ask for an adjournment. Mr. Baume objected, and said he could not possibly be here on Friday. His Honor said lio should not dismiss the appeal on those grounds, but he would adjourn the case. As the civil sittings of the Supreme Court come on on Monday, and are likely to be prolonged to the Easter vacation, it was agreed that the adjournment should be to the first Banco sittings after His Honor's return from the Court of Appeal. The question of costs was reserved.

POLICE COURT.—Wednesday. [Before Mr. H. W. Northcroft, S.M.)

Drdnkknnks3.James Nolan, who came oet of Monnt Eden on Tuesday, pleaded guilty to having been drunk on the same day, and his Worship adjourned the ease to see if the accused would leave the town, aa he promised to do. A case against John Dunn was also adjourned for a similar reason, Maintenance.—William McLsod was remanded till the 25th instant on a charge of being about to leave the colony without making provision for the support of an unborn child of which he was the reputed father. Bail was allowed in two sureties ol £30, and himself in one of £30. Alleged Attempt to Assault. A lad named Joseph Alfred Tretheway (15), was charged that on March 8 he did attempt to carnally know one Frances Margaret Carroll, aged six years and four months. Several witnesses were examined, and Mr. O. H. Button gave evidence as to the lads character He did not think Tretheway was of quite sound mind, and Dr. Coom was of the same opinion. Accused was committed for trial at the next criminal sessions.