WARDENS COURT.

Thames Star, Volume III, Issue 1662, 16 April 1874, Page 2

WARDENS COURT.

I;;:.;..- ' 'riw-^m.sl"!z ,,; ■, ' .' ..'■ >!,' (Before -I^usßSf ,Esq., ; 3?farde^.)"-'^r,,: 'Mr Macdbhald and Mr' Tyler again appeared for the plaintiffs ; Mr Hesketli 'w^ith MrVMyers- for the defendants. The hearing.of this case was- resumed afc.lQ o'clock thfk^ornigg. § George ißmifchf plainfiffy examined by Mr Macdonald, stated—l know the Queenvof <Beauty mine and the. shareholders.^ I have been in the mine for three years. I have, I think, an interest in;,it. ;, .lUjthe flatter #3 a lot of > dead wort wanted doing, "in the" shape of filling in old stopes,) besides /which some of the shareholders wahied'a prospecting drive piit in. It was Thomas who wanted it. I spoke to several of the shareholders anj.;, .especially, to Stewar I t. f „£,He raaid ? cousin%as riot agreeable. " I suppose uej ineapt Thpmas, because he wa,s thought lo^e^cMsjn I'Jacfcs^ P offered-W 1 take 1 the tribute "in the. .flifst, place at 10 andthen at'ls per cent. T finally put in a tender,] .whi^h "w^s l^rep|ir|d 'fcyja painf named. Billings. ', o Billings signed "my namorfor Bfte.; (Mr.Mjacdonald theDj;*§ai|; the tender to the plaintiff.) I meant Tj jivould workthe, cen^. End do no dead work, or work the blo«k |md give no per centage. I heard jaothing further till early in Nqremberr 0' wnetfi^l '■-^earcl'i'tha^^'l;^-^; Wanted down ,at the Queen; of ißeauty. I went•xlo'wn 1 iarid; saw 'MeCabe I and O'Brien. John McCabe told O'Brien. % was Smith to wfi6'& they 1 w^efe aboilt to let) jbhe tribute. O'Brien asked me -to^(6 belowandhe.wpuld.showmerpund. We went down, and r ■ini^goinfg ldown O'Brien jasked me tp; shpw^himJhe^ground lab'oiit^o-tlii^ dtftribirteas^h'e.wai-'iffiost 5 ja~; W&anger.!*n '^h&P ##©'. reached ;;'thepotion O'Mvtpn'saad "I think they must W^ 1© stuff.. : isri.|3 -BaiSgirig "bn -ilie|;;wall^. :tr^. »srji:noW:;about tha|ij>' W&sim< W^-:'oit0 jp|-liad s ■fwen'f' h^i^^^^px^'Wa^^jO'^i^ l^iiid^ '||^ffs^my.-^-i^;odi'! eatiie,, '$&!$: lilfatt'w6so^?*ii iiibsing otfusi"^ "jfli^ 1 M*,iM^o^.;s<ik:, are ■ 'going?ffl%ss'it&s: §juM,sv± "^M%^oi - fin:- tlie'-;Kospita£"; i «ime to surface McDabe";and' asked me what. I thsugiit.'bf' lie.-' is no good, and 'so; put before long. McGabe seemed to be ) a | vpry this iii an ironical jfcw'^ agaiii bn-Saturday rback:' O'Brien said, tribute, you shal} hare was for r a'contract'l ' I again went to the said " I have an to read, will you sign a/lot of it I could not he wid ho would md it

for me.- I refused to sign, as it was Hot according to my tender. O'Brien said he would get another made out. About two days after I was sent for again. I went down and saw, O'Brien, „ who read over another agreement, whicli I "refused to sign, and told-him if he could not make out a better agreement not to send for me again. O'Brien said he would make out another more satisfactory. I was again sent for,' and "went to "the office, where "I saw O'Brien and the principal part of the shareholders. O'Brien told me we could' work together and make a good thing of it. After I went to work O'Brien wanted me ■ to alterj the sjfcebf the driye, f imd ( also alter tue size tof .the timber I was using. Ha also wanted me to alter the size or thickness of the slabs. O'Brien also, objected to the way in-'which''a pass was being tijnbered. I told him that the pass was jfor,my qwn use, and I would put it up to my own liking.' JT told th'em'th'at the slabs they wanted were not procurable, and would use as good a' class of timber , a 3 they used in the mine. The shareholders said that was all they wanted. I was called before the shareholders again,,, •when,/O'Brien read the 4th agreement, ''pye'r.' I refused to sign because I was not allowed to work the No. 1 Bright Smile | e^d. Thomas asked what, the objection , w"as to my working the 1 Bright Smile. [ The objection was, that I might drive i under the, engine. .Thomas, said "If that ) is your" reftson, I Will go £500 security for Smith in case of damage." I thanked Thomas for his offer^* but declined. Thomas said that he would not' pay £80 or ;£9O out of his pocket as his share of .dead work I t offered to do. He said he would not pay money for'work when he could get it.done for, what had been left , in the ground. I made them auothcr offer. I told them I would take the three ' reefs, and if they were frightened about | the. engine 1 would not work i under it j,for.s'my o,wn sake Some one said! if you J ruin' the surface Bobby Gcraham will have another dab at us. I told, them I did not want to go within 50 feet of, surface. Thomas said that within 6P*feet r was near enough to surface. There waa a jangling amongst the/ shareholders, ' and I left. I heard high words used between theoa. I went down next night and withdrew'the tender, tfiling Gj'Brien I would have nothing to, dojwith it. O'Brien told me to go home andchink better of it, saying I should have the other' reefs yet.' I told him-1 would have nothing to do with him or that. I was agaxi sent for/ I went down,to the office. (TBrien said, " Holloa, George, ('I think/1 am' all right this time .for you." I sad, let us see what you have got. We \ient to the office and read another agrie.ment. He- ask.ed;me',if .that would,do./1 said yes, with a little .alteration. Hi asked what. I objected, to filling in all workings. He took his pen and drew it acrois some writing in. the agreement and put iv three leads instead of all workings. He said I .will-thaul jour. s£uff-at ay time. I: told him that was all right so ir as He was concerned, but another might,,object;, and from six tcjeightin the morning was agreed on as ;o be the hours for" winding. O'Brien to|L me to cbme.ntext nightfand he would mve the agreement all riglit. When I fame out ,'Hays'w,as on the brace. I bad pme conversation with him. I went ©xt night and saw, O'Brien, w,ho said • ■ I aulglad you aye come,-you, had better cole in and sign, as I want to' go Jdown.own." ,1 asked him if had made the alteration. He said he had. I went to he office. O'Brie)t*ftQok\a document;..out : <f. his desk,; ahd to^dme'tb'sigii. "VI lhim for a nppy. O'Brien said he had n>t got one. He said "No, I'am"hot" Jere to be the Queen^Bjsau^sJawyei^' i him to lend me that to get ? copy. He saidrhttfit cannot go ; put pf jty possession.----1 saidll';mustrKayejooe, ho^am; I ; to,'get it ?i ; sHe, vrsai&rjoy * spn, will Jptejyou ,out( oWoift;yotinwSU:pay fern .-fqj* jfe; r^a^i wriietffclmuoh, bftteasand, wjuner I than U I ; Jka. I said I would payj/him for \ : , f it. WBrien said what wili.you/give him. I I said I will give him a new/Hat out of the sfir^ cßttakngiif 1* is parable;. s^Q'jßripn Tlrbmised WgettKe copy agrfeenient-Veady by Monday mornihg^^he 24th of: NovemBer thb day I wMt ctdfwork. I took anether^contract v for .ttye .shaft on the Wednesday following/ J /Before I started to :wprk,- f on .the, .tribute.. I r vrent fb 'O'Brien and -asked ,'Mm..^ to, gijver me, J* r cppy okmya^rcehient. -/He; said it wSs partly done, and;i should have ft in a day or twp,.,;j asked him first again on Wedae,sday!Vfbllov^g..a^d j^^ ptt^'offiag^D^.Vi.appljid- t°lWm agjiin onthe Saturday aiid was again putj";<i?ff,, O'Bfienjstatingthat t\e ; .jghareholdefsjtiad' not signed yet; healso' said "that he Ka4, girem the : r•contyactors. below, m^fytip' shaft notice to lea^ei(;l^^''^ad^pi^.i:. i ;l=, tpld,himi Ijwould^fafce (-. wpr^o^rMe thafc '/,orßri^ said Lwould^hayje to, tsJae, ffi « oh' ijose for nle.,! I stiUr refused. \I. tp]d'liip' Lw,ouJ<l.taice ohaiig:e idr^ifeK'd&j^io pbiige liim;; ~'t ■.dicl'sb., 'J.l#'s^\sft&i .Wanted me ;t6 'fete jfche shaft saying: if we worked together we might dp well 1 p%t $&iixPM%(s<s%>, so.^'l-had'Spfeti,. fenpugb^b^Mnx & . I p\id'lo^^ender/lEbr;ffi^ shaft fo¥ the reason i I J'ha^#iust i;:;!I did { not ■,• want; yfvW tiSthered-'^by /;|(p|icu)|;!:' ■'■ I •IMd: Sh!bmas ''J I' i swb»M 'n :have Nothing \to Sa^with' 'Olßrieii tvl^p^ate^ly; asked tqr& copy of my'tribute'agreement.: Oh ptfebocasibh WHel I; asked for] it-the majbrity 'of•; th« f plders were' there.; O'Brien again p^fc'me pff!- Thomas ito A iim-^Why db'H't yOupgiye-.^t'-^^Ke* (man ? That was sh^tJy^e&relO^ieh" ]gbl; }'hurt? '"mfter- Wmm*mofflk* jaskied:. McCabii^ %)F it; Wfien- # W^'-dis- 1 iebvered that the agreement was '^ wwaj Idbwh'iffi Q*E^M3^r!WsMoyMte* leb^^Better;:: Eagaih asked^iuitf &r ythejdycuhtent: yh He told f;me that -«in eonP seouen^'bf ha^g beeW Jhvfc, J h* 'Mm* ii^^i% Eit Jt6l^el^^;fajia(%ifii^l) AhouldJ ■»uoEikf^rit. iiO^ J*h^ Monday Mow^!

ing he fell down the shaft'iand wanted to give me in charge as he said I was the cause of w. He bfgged my pardon for what he had said. He again put me off as he h had to go to Courtl I told him I had a bad opinion of him) I told him I would give him^ill Saturday to gire me a copy of the agreement on fhe Thursday previous. I told O'Brien'he had perjured himßelf in the CourU On the Sa<jur•day. McDonald... came dowil the mine., and asked what I was doinr in No. 2. I told / him ' .1) was wonring. He said X had, better knock;off — that it was not in the agreement, I-told him it was. ' He told mi 1 to gf- to the surface» and look at it. I'said '* Has it come to' i light at last (the* agreement)." I'went up' and found o\Bri*n standing at the offiot door. He said. " Smith, bere is your , agreement; a correct crpy." I said "It* is.not, it what Macdonald has told mo idown below is true." O'Brien'said it was. I took tae' 1 document O'Briesr offered me and went' down the mine to get my mate to read it. ' (Document pro^ duced and put in as evidence.) I at once knocked off all the men: I afterwards saw Stewart, and said. "Jim, .what wjj,s in my agreement." He said ";2STo, he .thought it tras made out according to the: agreement you signed." I then went to Tlpmas and said to him, "Do you know wlat-my "agreement is." He said " Why, what's up." I- said McDonald has knoefcd us off ]Jfo. 2. He said, "I can tell you whtt your agreement is. You are to work the-three known leads and 'fill in. Tfe told me to go back and.goon,wiithmym>rk,,anda» soon as his leg was better he would see ' me righted. 'I The Court adjourned till 2'o'clock. On the Court re-assemtling at 2 o'clock Smith was cross-examined by Mr... Hesksth, and was under, re-pramination when our reporter left the Court. Left sitting. t -„ ,1 „