CHARLESTON NEWS.

Westport Times, Volume II, Issue 174, 20 February 1868, Page 2

CHARLESTON NEWS.

The Simonsen's made their second appearance in Charleston on Tuesday evening. As might be supposed the house was very numerously attended, and when we say that every item of the varied programme was encored it will be seen that their entertainment was well appreciated by the audience. It would be singular were it otherwise, for the opportunity of listening to such a voice as Madame Simonsen's, and to such marvellous violin playing as performed by Martin Sknonsen, rarely comes in the way of an inhabitant of New Zealand, much less of a sojourner on its West Coast. What strikes one especially is the highly refined tone of the whole performance, considered apart from its intrinsic merits. Whether in high opera or comic singing Madame Simonsen preserves the same pure style aud naturalness of manners, and the same may be observed of her able supporter, Miss Rebecca Jones. The singing of Mr Price also, though of course not so much finished in character, is yet excellent, and the gentlemanly way in which he sang the comic song of "Of course it's no business of mine/' was quite refreshing, while Mr Simonsen's execution on the violin, in delicacy of touch and polished finish of style, seems to give character to the whole.

WAEDEN'iS COUET. Tuesday, Feb. 18. (Before G-. Lightbaid, Esq.) If'Dowell and Party v. lioss and Parti/. —The plaintiffs represented by Mr Home, applied that the certificate granted to defendants for an extended claim be set aside on the ground that the same had been obtained by false representations.

Win. McDonald stated he had been on the ground and measured it and found defendants had 190 feet by 100 feet; it was not old worked ground. Cross-examined by Mr Johnston.— Had known the ground for 10 days. By the "Warden—When he first went on the ground he knew defendants held a grant for extended claim. Joseph Tutbury and Joseph Ward gave contradictory evidence as to whether the ground was old ground or not.

Henry Tate was working in the next claim but one to defendants, and knew their ground. It was ground that had been worked, several persons having put down shafts at different times and abandoned them.

Cross-examined.—The ground had been taken up and abandoned several times. It would not pay except with machinery. By the Warden. Defendants' ground was paying about three notes a week by hand. His own claim was better, paying about four notes by hand labor.

Michael Kelly stated he had known the ground eight days, and had carefully examined it. Did not consider it old worked ground. There were eleven shafts sunk in the whole claim, but the surface was otherwise unbroken, except where defendants were working. Mr Home said the defendants' grant had been obtained under the false representation of ground being old worked ground, which was proved not to be the fact. He also raised the question of the legality of such a grant being given by a Warden under the circumstances of their being no survey or proclamation. He asked that the Warden should visit the ground. Mr Johnston, for the defence, had no objection to such a course.

The Warden decided to visit the ground, and give his decision in Court on Thursday. MDoweU and Party v. M'Louyhlin and Others. —This being a similar case to the foregoing, it was agreed to allow the decision as to one determine the other.

Moloney and Party v. Lennie and Party. —This was a case arising out of some obscure dispute between the first and second holders of a water-right in a creek at Candlelight. Dismissed. Hy. Thomson v. Finlayson.—Adjourned to Monday. H. Mace and Party v. Evans and Party. —Mr Home appeared for the

plaintiff's, Mr Rees for the defendants. From the complainant's statement ib appeared that this was a case involving the question of ownership of a largo block of ground on the Darkies' Terrace, originally bought or got possession of by defendant, but the titles to which had subsequently passed into the hands of the Bank of New South Wales, and by them sold to complainants. Cross-examined by Ml" Rees—Paid €155 on 21th January for the two extended tftaitns. Was not given any formal possession of the ground. Evans had offered to sell him the ground before the b' nk. By the Warden —Knew the ground was protected until the lGtb, an I did not therefore think it necessary to take possession until then. Meanwhile had got machinery from Hokitika, and had now a steam engine on the ground and eleven men at work last week. Mr Rees asked that the case be dismissed. Plaintiff had only shown that in consideration of a certain sum the Bank of New South Wales, represented by Mr Jones, had handed over the certificates ef the ground, but these documents had been placed in the bank simply as security for an overdraft, and no authority had been given Mr Jones to dispose of them. The agreement between Evans and the bank gave no power of sale, and the transaction was to be viewed as an equitable mor'gige —a deposit of title deeds as security for the repayment of certain moneys. Mr Home replied that the fact of all the certificates bemg handed over and transfers -mide, constituted possession of the ground. The Warden preferring that the case should go on, Henry Evans was called for t 1 e defence. He stated that the certifi* cates produced were his property aid he had never authorised any one to transfer theni or to make use of his name in doing so. The memorandum of agreement produced was signed on the 18th of January and given to the bank as security for an overdraft of £155. On the 23rd January received a letter from the bank calling upon him to pay up the money next morning at ten o'clock or the securities would be sold, also a letter on 31st enclosing authority for transfer to be signed. Had two days before tendered Mr Jones the money in presence of Mr Bowman. Saw Mr Jones on the morning of the 21th. He said he had disposed of the property, and had a cheque for £ 110 in his po ket. Cross-examined by Mr Horne.— Never offered to sell the property to Ma-e. Went to the bank with Mr Bowman on 29th, and latter offered to pay what was due if Jones would give up the papers. Jones said he could not. Previous to the 23rd January had received a verbal demand from Mr Jones to pay. Received notice of disposal of the ground from the bank on the 27th. By the Warden.—-Valuedthe ground at £6OO. Could have obtained the money either from the Bank of New Zealand or Union Bank on the security of these same certificates. At the time of giving them to the Bank of New South Wales, understood they were deposited as security, not to be sold or transferred. Louis Davies being called, firmed the account given by last witness of his interview with Mr Jones when the £l4O was mentioned. Henry Lewis, called to shew the value of the ground, said to a capitalist it might be worth a thousand pounds —to a man like himself six hundred. Robert Clarke, a mate of Evans, called for the same purpose, said he would not take less than three to four hundred for his share. After addresses from Mr Horne and Mr Rees, the Warden gave a decision in favor of the defendants.