WARDEN’S COURT, RIVERTON

Southland Times, Issue 14635, 27 January 1911, Page 7

WARDEN’S COURT, RIVERTON

AA'EDNRSDAY, I’Jlh JANUARY. (Before Mr Cruickshank. "Warden.) L. Cross, application for a claim. Cromarty.—Adjourned from last Court day. and object-.-, i to by 1 >r Fox —Alr M aea !i -tt-r with him Mr Armstead, for applicant; ami -Mr Stout, with him Mr MolVeU. for Objector. G-. Fox. objector, said he bad discovered tile reel ad-. ail twelve months ago. He shortly afterwards went to Ininediu leaving in charge men to look alter Ids interest. tie i i-A:x) paid till wages, al-l-owing the man It's per diem t wet or dry i. Witness instructed a iuinodm solicitor to arrange preliminaries* and haul claim pegged off. The country on which llie reef was sitnabd was heavily timbered, and fairly 'broken. The men pegged off ltM> acres, and the agreement was that they were to get an entail share if tin:- \mi lure panned out well. "Whilst in Dunedin lie h'fi Mr Cook, ids solicitor, £S, and mpirned to ( romai ti , the men being on tin- claim all the time. Teok out a miner's right before proceeding to Dunedin. Afterwards went to Christchurch to gel financial help in order to .he e! .;i ilm mine. Whilst away tlie men fit ipu-ntly communicated with Witness: and altogether he had spent about £IM in wages. Deft with Mr Cook about £ll !". Cross-examined.: Got money back trom Cook in dribbles and drabbles. The last balance of £3B was reoeited in April. Was given to understand from his solicitor that every tiring was alright. Jc., posting of notices, etc., as his solicitor had written to his Riverton agent regarding sann 1 . Witness knew Air Cross aim did not blame him for any action he had taken as regards the disputed ground. Witness dr-covered the reef and bis men posted the necessary notices. To Mr Stout: Knew nothing about posting notices. Had been ;U the same place about eight years ago. Leonard. Cross, draper, Oi'vpuki, formerly a miner, said a signed agreement hail bet'n drawn up whereby a part of men bad agreed to go p''osp-. cling, the Country to bo gone over being from Pahia to Cromarty, the party being instructed to prospect fiir anything payable —gold, tin, etc. He one day received' a. letter from D. Smith (one of the prospectors 1 intimating that he (Smith! in company with bis brother and Dr Fox had found a reef at the Inlet. He ( witness) proceeded there by next steamer. landing at Cromarty. V itness had sent round about £ s worth of stores, which was part of his agreement to keep the men in ’'tucker.” Du 21th September. 11,011, hail an assay made of the quartz ami was given to understand that the reef could lie easily worked. When he made application for the ground had been advised that I-ox bad pegged off same area. Tlie prospiecting party had been supplied with food and clothing which, he estimated, would total £SO. George Johnston, minor, stated that he in company witli Messrs D. K. Smith. W. Smith and Hodge, had been working for Dr Fox. The men received 10s a day and tucker. After they had agreed to’work for the doctor, he (Fox) took the men tip to prospect the lode. Dr Fox discovered the lode. Didn’t know Dave Smith was in with Len Cross. Cross-examined; Worked for three months for Fox., Previous to that was employed on Coal Island. If Fox succeeded witness expected to get a share in tho claim. G. Fox (re-called): When witness engaged D. Smith was unaware that lie (Smith) was in league with Cross. Air Stout said there was another witness to he called but owing to some misunderstanding lie had not arrived. Counsel could' only account for bis nonappearance through sickness. Air Alaoalister said air Stout had had ample time to have the witness in Court. If the non-calling of the steamer was held up as an excuse, and the opposite side were anxious for flip evidence of this witness (Hodge) they could have made arrangements to bring him overland. After the evidence of D. Smith, J. Armstead and AV. Smith had been taken, tlie case was adjourned to Invercargill for legal argument.