MINING MATTERS.

Thames Advertiser, Volume VII, Issue 1890, 13 August 1874, Page 3

MINING MATTERS.

Smile.—Thero was a rich find of specimens yesterday. ia .the Bright Smile mine at the bottom level 1 , and about 601bs of good rich stono came to hand in l the forenoon,, another parcel of similar, stuff being taken out in the. evening. These' specimens came to hand trom a, new winze which has just been started from the main level on tlto shaft lode as it is called. This is the first' commencement made towards oponing the new level by siniting; ; the winzes,;: b,ut other,winzes will bo started as soon as convenient. Thd shaft is now down 30 feet below the level, and has ! got into' a splendid class of country, through which the Contractors expect to be able to .sink ten feet a fork night, so ,that, in.the course of,a few, weeks the doplluwill bo' sufficient for opening a now level, which will be in thorough readiness for working long be) foro the present blocks show any signs of exhaustion. ' : Tho gold'resulting from the last fortnight's crushinu for the compauy was molted at the Bank of New Zealand 1 yesterdiiy ! into ingots Manuka.^.—The gold lodged onbehalf of this company'was : melted yesterday. The loss was trivial, and when molted tlto bars weighed 980ozs <Mwts. Thero is no change to report in the mine, further than that there is; a rich show of gold in both faces at the new level and along it for]a length of-60 feet. Crushing for the.opnijiajvy isalipresoat 'discontinued ia bouse*

Crown winding engine, but tbe manager, of the 'Golden Crown, pending final- in*] -structions from his directors, will get up steam to-day in order to wind the quartz wliid-i has now accumulated in the mine, and which is really retarding the workmen/ This concession ;sljows"that there is nothing existing whichis likely to interfere ' with an amicable adjustment of the terms upon which tho Manukau stuff shall iu future be raised to the surface. | ; Exchavge.—The. reef .has now been driven,on. in its southerly course for a length of Go feet, and in the face at present it shows a thickness of 4-J- feet of quartz between the walls, the stone beingof rema.rkably fine quality, anil well impregnated with metal, but' there is not any gold showing at' present 1 . : ' A drive bus also'been started from the cross-cut on its northerly course, but it is only 7 feet along the foot-wall, ami, as none of the' quartz hasyel'been broken down nothing can be said, regarding its -quality or size' jat this side of the cross-cul. That por- ; tioii of the reef is now stripped ready for breaking.down', and will probably be shot down to-'diy.. ■■• Grown PiiiNCE.—As we have already! stated, the manager has started driving on the course of the Nos. 1 and 2 reefs at ■the bottom level, and yesterday a portion; of the lodes which had been stripped byj Iho-previous 'day's-work was brokd : down. : Tliil result was in both instance-! very, satisfactory, a .rich-show of gold; being apparent in ..each; and'"SOlbsofj picked.stuff! and! specimens was ..selectedj from tho stuff broken down. This stuffi came in .'about equal proportions from! both lodes. There was a length of 15 feet: of tlie-fio. l'l-eef stripped, but not broken; ■down.laflfc;evening, and from this there 1 'will probably- boa further parol of sped 1 'mens to hand to-day. :: The prospects of thenow.levcl become mire encouraging daily in all the reefs on *hich work is being carried on. Nothing has yet been : done on the No. 3 reef, but wheu the; other drives are fairly advanced opera-1 lions will bo coium-Jiiced on this reef, on .which, we .may add, ; very, little work has ovor been done. ' In the' upperlevol it -was poor aud mullocky, but in ,tliis .. new • : level; iti' showed good rich • gold • where ; intersected;'' and a numbers of rich striugers which had been found in the shaft while sinking joined on to it, making the reef larger and m »re solid as well,as richer. ■"•■-.U'tD WjjAU.-There was a rich show 1 of gold in-tlie Old Vyhau mine yesterday, in both levels." Prom' the "'& topes in the presont .working level fine parcel of about 501bs of g6od specimens came to hand, one sloue"contained a rich baud of gold; In the adit level also there was a wonderful improvement in tho reef;; A survey has'been : made',' which shows that the "repf in the face is now in. the Old Whau 'grourid;'- : ltisfully'7feot wide; and appears tojbe still further increasing in size 1 , lit 'showed; gold freely last time it : was ibroken down, but for'.the' last few dayS 'tbe drive has only: been 'going'iii on ihe foptwall' side'-"of theireeff and the lode itself has all been left standing. _ Ijip'ebiac. City. — Arrangements to which we, recently, alluded as having been inaugurated, Have' been now made ; with the ( \yaiotahi.Oompany ; for working the Imperial Citylmine. throughi their shaft, Gompa'ny-.winding all stuff, and work will be commenced next week. The, first .operation will be to drive o.i the course of the reef now' .'in the face to its junction 'with "the 1 Mahukaureef. The length of driving, estimating the underlie* of the reef at the angle which it has hithe'rto'shbW.'will be under 50 feet, but there,is.every likelihood,of good crushing, istuff being obtained--immediately from the lode now in the face at the boundary.- : It is four feet thick, aud shows : : gold on the, hanging-wall side. The arrangement made for working the •'mine ;.ih the .manner referred t*; will! at once onablo the Imperial City Company to carry operations on good payable quartz,-at the kino time that it. wjll.afford great facilities-for prospectipg the mine and opening up the Manukau reef at a very advantageous level. This properly is. likely to becomo a very valuable one, for notwithstanding the breaks, causp,d by.l;heorois-reeff.iu' the Manukau mine,it' is almosta certainty that it will bo recovered before long again, ■

, WARDEN'S ; COUETAYESTEUDiT;: ► (Before W/ Fhaser, Esq., 0a.11. i .W.ud9i)). : ! UMi STEWART - : ; , "- : '■'■••■•-' ••'and ortiEßs; •■Thii Was'a'claim againt the Queen of Beauty shareholders for a broach of a tribute agreement." -■-< .Mr Macdonald and Mr : Tyler for the plamiiffi and Mr Kes.keth and Mr.. Meyers for the defendant. ■ Mr Macdonald. opened the case for the plaintiff, recounting the circumstances which gave rise to the action. ,Hp;cal|od Konatd McDonald. Mr Meyers applied to have the witnesses ordered out of Court! This beiug done,tho wifcness'deposed: paui.aniiuer, reading at the Thume.i, and a shareholder iii the Queen of Beauty mine. "A contract was 'enterediuto-beTweeu \i mith and the Queen of Beauty shareholders, signed by all except Patrick Walsh, and assented to by him. That is. the agreement produced. (There, was no?stamp on the agreement, and his Worship said there was some difficulty about receiving it.-Mr Macdonald said it.had been in evidence before, and .the • objection' was overruled. The document was'put in evidence) Smith by that agreement did certain work : in .the mine,■, and according to my contention did more. Ho did;, a considerable '.amount if work, but -lib got well paid by the gold he got out. He must have expended of necessity a considerable sum of money in wages, &;' I thought the gold he,got out paid well for the work he had done. Ho was knocked off because he did not do the work according, to, the agreement. 1 knocked him off for that I acted for myself and the other shareholders. This was, I think, on a Monday morning, the 16th of July, this, year, I wasthen manager of..the/.mine-, from 7the time of O'Brien's accident. Smith failed of the performance ef his contract in not filling up so'. 2 reef, and for that reason I knocked him off. I said, " George No. 2 wants some filling up." He told me ho would not fill it up until the case was settled. I said, "If you, don't fill it'up until the case..is ; settled you had better knock off altogether.'' Upon this _order Smith, knocked .off. Afterwards'yqu,.( Vlr Macdonald)'visited meat tlle ; mine. 1 told you I would take care of the mine, =btit" I don't thihk'l said anything about looking 'after George's workings. I cnaiiot tell what the conversation..'was.; spoke about George'sl „ work-! 'ms,*y'l cauuofc remember ,whftfc.you' siiid, but I toll you I would lookafier ; the! workings while I'wa» ! there." I w'as'cbni-! 'polled to fill up No. 2, which, waa'/part'of his work. I told you distinctly that there! slioulil'hot bihg ' go' wrotfg' wliito'' I'was tberb.'You utfght havb said,, "Tory well* Wwll wke. 00 botb,Qr until, tjbw thi#R §

settled." I could not tell the Court what you came f0r.... . . . j Cross-examined by Mr Hesketh: At the time I spoke to Hmttlfabnut knocking off, he was working -No. 1, and might, have been working the little leader, j spoko to him on the surface, iwoor three days before this, I had given hint notice to be ready to fill.up No. 2, which is a part of the work specified in the contract. ', •'.'': ; : - Mr llacdonald said that up.m the la'sfc occasion, Mr Hesketh said tint hi* client had nothing to do with No 2. either for ta insr.oiH or tilling.up.- '.I'.iiera.'.w'.is none of the, iNq. 2 then opened, ;..' 2 was not worjfed.dut'at tlielime.the'tigree.iai'ra was Wiien '■■ spoke to iiimcbh.' the..surface, Itolt, him No. "2'- ; ;was .reiidy for filling up, and i wanted it filled up. B-twecn the time the agreement was.signed .audi this conversation the company' had taken out the No. 2. Prom the M).feef, .level: upwards none ; of the 'Nbi 2 reef, except a; drive, was taken out. 'There was no 1 sloping at; the time, the: agreement was signed.' i : le 'said he'woiild'iibt'iill if U|>; until the ease was settle!. 1... replied.; 1 "If you don't 'fill' it''up■ you' had'best; knook it'off' altogether'.' l I 'don't' know what ho said-, -but -ho did knock off. This was the final knocking off. I could; notisa'y how long.after it ; was when'Mrj Macdonald came to nio.- I was com; peiled to fill up No. 2. for the shaft was' in danger. This pbrlion'''was-alongside: the shaft. The. No. 1 is at one side ofj the slutft and the;Vo.2oti the'otherj The ''conversation with' Mr Ma'cdonald war hot on the day wiieri Smith knocked off. ,'After this took place I had 'no : authority' l'rom'the M other shareholders to mitko a iifivv: agreement with >mith. T; never consented that -Smith's worb should, bo in the same state when! he' chose' to come back to It. §■[! was compelled to look after these I workingius well a'sf.tlie others. ; 1' lievei* at any time consented to Smith's work- : ings remaining as .they wero for him to return to wlten he pleased. At the time of this agreement beitig sigMed, the shareholders were Barker, tewart, John VlcOaoe, James Me' Jibe, VVm. fhomas P. WaUh, and myself. >f;fae, contract is signed by all hut P. Walsh. George ..Smith deposed: I ; am a' miner and plaintiff in this action. [ made an agreement with the'defendants-in reference to working the Queen of Ueauty mine. I did not see them sign the agreement, but I heard them say iu this Court that they had signed. Mr Hesketh c intended that the contract wanting a signature w?as not a legal contract. That it was a joint contract under the statute of Trauos, aud they could not sue on any verbal agreement, ft was an interest in-the lahdutself. the part performance did not take it out of ttie-statute of frauds.,. • :■.:■;■!■ His Worship.said that if he had the slightest chance of deciding the point, against hint he would do it, and let the judge of the .Supreme 'Jourt decide the point. He was astonished to see this point taken upon, and- to see •nen like the /Queen of Beamy sharej holders, -whom Tie .had. looked upon as respectable miners degrading.themselves to petty-fogging lawyers. ' ■ . ■• ' ..Mr Hesketh said thib notwithstanding the displeasure of the Court lie must proceed with his argument.- . ■ '''.» :V 'lr ...lyjer, .before■ .tiip :: adjpurn.m^pt, made some remarks ' iviTr- re : gii'r,t to ■ the contract. •.'4s friend m r t select one paragraph from the cmtraCt't.. take the stand wliicli'ho did. He e •ii> tended tha>. the .'shareholder's, who had sighed the.contract as the shareholders', although not the whole of the shareholders were bound by it. By,signing the contmct they were surely boim.-l: ny< it,-, "They.would be able therefore to <Uiceed against those, although t.iiev mty not be able to succeed agamst WalsM. -'Itmay be shown that Walsh by ni's .swiiirn evidence that he was'estopped from denying the contract; Walsn was' ! suing ! cm the 'same contract iii ; anp'thet.'ciist' iu which' lie .was, one of 'the". ami ! vSraifcli the defendant . l { j replied.',.,-,,.,..,. t ■ j - Mr" Macdon:ild said 'that ii' the Umirt! was with them on this point, and if Mr Hesketh meant to'appeal on that point, let arid->tliey would let it go on that point. If the Court of Appeal was with th'eovtheu they could return and claim their damages. .. j here was no use in their going into all the* evidence now. ii:. Mr Hesketh said there was' another point of law which he could only raise' on the evidence. : - i The Court then adjourned'until l two O'clock..,. ~ ,'j , i:11 . ~.:'.•.,;.'.., ~.,„;.1 '-•' After thie^ adjournment Mr Macdonalti said'that after looking into'the" poiut raised'by ; the o'ther side,' h3 had decided to take a nonsuit'. —Plaintiff was nonsuited with costs. While the question of costs were being settled, Mr.Hesketh said the Court could not be aware of the circumstances which led to his taking the obje,ctiou;wluch he had taken. Perhaps a consultation with ; his friends on tho other side might lead to an arraugemeut which would settle the matter in dispute. — His Worship said that the present termination was only postponing the evil day. It was sure to come-up again .in some other form: Ue tried % have the inatteivfiually settled to ge*f) the Queen of Ueauty, shareholders' out of lawsuits, it they-Jiad sense to keep-put .jv;henjjt|.iey ; we're3free.'-—Mr -Hesketh'laid : he vrould be glad to aslisb :: .'&* law,.—His VVorship said as the;pqint.wastakeii'tlierb was no getting over..it..- The only question with Jtim.was to case got over at: once and for ever.—The costs were fixed al'£7'.ss. .:.;' ... ' TfloMiS OTHERS V. GEORUK SMITH, Tin's was a claim against thedefendant for having unlawfully rempved aud converted to his own usea qutntity of gold, the .property of- the-Queen-of Beauty shareholders There was another case against Smith for windiag quartz and for -the vaiuo of a box of oandles and blacksmith's tools supplied for his use by the plaintiffs.—Mr Macdonald said they would not have taken the result of the other case so calmly but' that he thought he saw his way to a romody ultimately. Either law or eqniiy must rule that after Smith had done the work he should not bo dpue qut of payment because one siguaturb to. tlib.eo'ntract They intended to.take proc.'ediugs in an actionlbr specific performance..! hat being so, the contract must come before the Court, aud the Court would .have' power where one suit would settle all' tli: matter "in' depute, atid 'might: sic .'its' way'-"to " postpone these . other ! ac-tious,,-pending .this: Kction^for.',' specific; performance vhich'.they iiiteiiiied bririging. l'he Court, as a Coun. <.T Hlquity;! could do so on' ihe linii 'ijievj -.v(\ul.dco nmeni:e,the-suit;iviiii a!lp..s,ihl ! diligenoe. He asked the Coun jo or.lev! theseother cases to stand over.iiutji Jtheyi saw tho result of .the nee wtioit,—Mri

independent.action,.and neither in one or the other of the suits "did they intend to : sue'under'that'cbntract.-Mr Macdonald .; said that then it has a matter over which the Court had no jurisdiction, and tjiey ioiist gri-'tb iinoilie'r Court'. Tllf'claim •'•<• as undoubtedly ono"for goods sold and for work performed./! waYi nothing to slipw it had any, ,cqnnectii ; m with -mining. ~ R was a simule co,o.tract : debt over whieh this Court had no jurisdiction.-Mr. rlcs-'. koili confpiided' 'that \ the "nature of tli'e .I'liim, which 'was'.'for", winding quartz, slmini :ha' it waT'eomii-cteiLwitli ruiniiii;. —i'lis iibwjihout; the ciiuil'lei''and .'the,' aiinl'/a'iiil ."^bellows. '.■ — vir'"' Heske'h ; ' did, riot .tee how -.they.-, were to, .bring- those ': .i;i,y lie. r jvqu!(l. ~|ake;; " |,he adjbqrninenfc agreed,, to,..uniil. to. 10 rcort',i ni,.au!ime he friends "mi have a rtiscussjoiijOn, -tjljis question, aud'on auother ; .of..perfiaps',. liiit'P- viia|_ .ifflpor- ■ 'taiice.", -fhe..Court''then' adjourned, until to-diiy 1 .'..'-.'! ■ ~',.,. ... ' ~i.

I.TC [CR . ~;•;.,! (Mdre, l \V.,l , RMBR,;Esq.,.BSLJii,/i,} ,•'.Joiitt'Doiiovmi^ftS;'fought ;up,;:on;;rC' raaii'l charged that qu.or about ■ipr j il, i ksti he (lid' feloniously ji'tual lake' ami.carry iiway froma boat at of rowlocks, the property of Johii 'ISeIT; lie pleaded not guilty.-.Vir Bullen said he lucl the articles in liis'posse.-won, and there was no doubt of his having taken them, hut as there wa3 another clisrge he • would -'Usk'-fcTeave to ! wit the charge^f-larceny." v t ' q .<.\yr £■■'<■ ■ r N BOLBC cjed"' tv'HiiiD. -Sanio ."defendant was charged; underflliCr.N.eglected and,;. Criminal Children Act,, with being 1 a . neglected, child.-and the associale-,of K re? piited,..and jknow.n thievps.—JHjE)ipleade.4 ' not the . prisoner lor the ,last three .years.—D(uring' that 'time'he."'had!' : , been .donVicted' oflarceny,^^'a'iid r is l spmated' u with' , .bluera who were.s6"convicted ! , & and witlphabitual • drunkards, lie was constantly aborit'the streets<at Tate hours witiv other, boys convicted i and ; : reputed-* .thioseSi-r-tiis, Worshipsaid.that.ashe was-so young-he. would; give himl'anotlier matiQii. lie would,be,sent to tlie ludus;, tritl School for three years to be brought; up in the >.oinaa Catholic persuationY: ".- ','.(■ - J. <:A ,',-• ".:.-: UU THE OiTS;,OFvXP.H^^/lF u& '! To:.the Editor o( the Thames Advemiske.| Sib, -\s i was not preseut at the mee'« ing of the City of Tors shareholders', J. had noopporlU'jityof giving' the cnip.hatic and unqualified' contradiction to the. statements made by Mr John, Brown, r on the alleged aiithbruy of a J ,bro'kVr,^Uia t[l. now desire 'to give. ■'".,/rherels n'otk parti-, do of, trutli \iy '.the, statements', and they are simply fabrications, from beginningojto, end. .', | .declilie jto,be held reßpqnsiple,,lor ) what any broker pleases to s iy, or ; tOi insinuate, when he is endeavouring to buy or. Belli shores, and 'Mr right, to repeat such statements < without first inquirihgiiito their truth. 1 : I notice' ithatwuei) certain reports about jhimself and a supposed' "ring" at the Thames, were re'erfedto'by Mr Howe, he thought himself aggrieved, and' at once gave $0 lie direct; I shall not.be .guiltyof ch'arg'ing Vlr, Brown with 11 >wiiful'p,mer3.ignqf! the truth, hut, ..lie.-lia* certainly- : been deceived an i mi-led in. the maiieV; lean ' quh'e he'ii'Vt>vttiat '.he swiy >vas startel fori im/vo*'', and'■■tli.il s m-\'(iq'iv;>,.yaj sVrivd by promulgating it." '' :; '- ! ! ; ; " ,: ii..- i!'ii.Hitavif"!iiv , s'iiai , i i; ! ! -vVrV- pj-le'.yd 1 . 1 io ,th. .mir'iet for ,s;tle,' a';Yd 1' o'uTy i>aVi^ : .. one irisru<-übii ;a ji -dt as to price., tfi.m'y ;oot,iv« in selling, it. was. beexusq., 1 '.Iwa'rd pi' ,tli!!. i;xi-itence, oj;; a ; " ring"-; Co;. iiulii.Mg ■and j.bearing thevmifrtel,. vl'r ijr name, .vas.mentiofie.iiaS;one'■. of iii-'nvini)ers"of that' ,; ring," butilj an qiiiti: l -'ready lo'> believe,^«af'f er.j his dM-inci denial, tli'at'h'e had.no connectionI '*iili it,'.;f.vWould.iask-: i him, however, in tiie..fiuurft hisifelldw.meithe [ sum; measure of charity that'lie expects ; io receive from : io l i'niputejimpw'(K ! r.r:nibtiv.eß»:»nd.l9i.b'{!,T* j iieve v.luu there'is si)mVlittfeiUoueaJ'.y,«mdv ; irdegrity Tu tiie world outside of his own \ poison--though there may ; Jiofc an assumption of these virtues. ■'; ~ i bejetter appended; : will explain and as I only .placed the .'shares in the hands ofpne broker,' ■r'tliink'.ihe/publio •will s'ee.that.Mrjßrqwn haSfdjscpyered-a : " mare's nest,'! an .in-:' justice.— fam I ,siri^./'f'^;'*'^ ;i " '[■' ■'.' "''" > -'- : :;" ? : ' '■'■ "f"' ; ; " •"Au^ust , ia;:iß74.-;':;;: : wi : ■■■■' ! - ; --_ vl" : ~:"Stock Exchange, Grahamstown, • •-, j ; ;,.., ,w ;;■:•/; i;A' ',!',AugUSti ;.>'! Dear Sir,—l;; did Bha^re's and■sea lon : > the directory- of-City-fYork^MC^hrmi;^ '-any other sinui n'either' ;; had''l : yjur;authority , tQ do' so.—l am, dear sir, yours truly, "J. L. ClilßK. "A.G llortoii, Ksq"

To the Editor Of tha-THAMBS ADVEim3EB^I Si; '}};■.■■[ Siß.;4'ftiß proceedings of itlie . : oitraor»';■•■.'.;•■.., dinary. mceliug. of; ahareliolders of tho; ■; City of York, Company hejd lasLpFenin/fr „: and .reported ]in.your issuei 3 ;■> minds one f ofthe :iyon« ' - : pareil,-: now.; ■■happily.;! past.. .The.'York' . :;■' agitators'", are '.mostly of the .■ '.'■■ same persons; upon this bcoWbn; 'how-'v. .■;; 'everj'thtiy'flppWrj'^ aiul to have 7>aph v extraordinaryXury "ft'tuii'abab'iice of spme ■•', /-■:■.% ■ special person iigaiiist whom, to.'corabinei"| -:;■';. althbuglii'l am gl ; :'a ; to/ob>ervo, prevailing i• section' took the "side of ,Nqthing, to; my< mind, is more ■■> ■repr«iiensil)le-;..0n, the,;;-part,,of ..milling member,* of tluscoinmuuity thin to throw *% their influence into .the ■'■•> ucklaiid scale. "l'bose ; 'wuo do so here in their capacity of /c? director ; -for ■'-shareholder'' should' l ;'.be marked men, and utreuuously opposed; '' ;; as iii tiie caiseviil questiorjv! : The quorums ;:',;/. of boards o< directors and the offices of "''S companies engaged in; gold mining oonti- : V. guous to the scene of their operation*, are V ; :? the onlyarruhgemoutgcalculatelirto, give $&£?f security to investors (if theycouldbe : I >; ' made toiunderstand'thei'ttAo/e'siibjVoj), whether hore, in Ahcklandjor'olsewiiefe, ii auaiust-thelnonopply, uncpnlrolled^oyer- v ;: ,\ sight ■''' of ; their ! properly, 'and I possible' : manipulation*of their interesfcsybjyoiir' l :-':M stereotyped ■ mine; managers, J;..battory;^ ■;•; owners, and the liiinip'will do goo:t. :" When —cast j out, — men come by their own;":-I,jM, -.^v- &(!., ;.:'■'(■ Vv '■■■)'.-'■■:.' . A^,.!NLOOKfeKk':' : ■ August, 1874 "■ v 'IM^r*

HoIIowm)s Ointment ami Pilh — lyienmntira, mul lhuiiintic gout ue thj iluidcd »f alt iliieiaes, bujia o tluir viciinu kiioirtlntHlicy a'o a ife lit no season, and at no ago secure tiollonay s inhtiDcnt, ifiei fom-witaflon ofHhi jMiufu parte, frj\C3gnMtcrroli(.f tin 1 tiiy'oiher applica'fon, but >tj mist I) Ji y.ntlj; ihb I abt mi, (tin )le irahte a lilt tHuDcjii i,'hl co bi\bj ct3 of ill .yoi ami ot lioth a \u Mr ruUeitnJ ttuii tt».ni Iqh fiOiiia.it ii( lim f for icpio .i ,' (he on i> i<piuti us mJ splitting tau i> Iu mmy cia.j ilolluvaya'Oiutrherttf aul ills lnve piovdJ[tlw gf nteat Weuinja lu.re* woyiiig rl*qutu£(U3 w ami rUeumatlo $aa,t, teA