THE COURTS.

Western Star, Issue 1291, 24 February 1897, Page 2

THE COURTS.

WARDEN’S.

(Before J. W. Poynton, Esq., S.M and Warden.)

Robert Dunlop, special claim 60 acres Waiau (Mr Lyle) ; granted. Guy Anson Whealler. special claim, 100 acres, Cuttle Cove, Preservation (Mr Lyle); adjourned to 23rd March. Jessie M Ellis, special claim, 100 acres, Preservation adjoining and to west of the Jessica (Mr Lyle) ; adjourned to 9th March Jas H Young and 3as Anderson, special claim, 65 acres, Waiau Mouth (Mr Lyle); granted. Jas H Young and Richard Alien, special claim, 40 acres, Waiau Beach (Mr Lyle); granted. Richard Alien, licensed holding, 30 acres Preservation (Mr Lyle) ; adjourned 6th April

Hugh Erskino and John Honry Treseder, extended claim half an acre between olaim of McLean and Party’s on Terrace west of Waian (Mr Lyle) ; granted Francis Gorkin, extended claim 3 acres 2 miles west of Waian and 10 chains from beach bounded on west by Menpea and party, cast by Sorenson’s, and sonth by Bates’ olaim (Mr Taylor) ; granted. Jas. L Young, extended olaim on terrace above seabeaoh about 25 chains west of Cameron’s creek on west side of Waiau and adjoining Menpes and Party’s claim (Mr Young) ; granted Thomas Burke and Andrew G Eiddol, extended olaim, 2 acres on Terrace near seabeaoh about 15 chains west of Hut Creek on the west side of the Waiau (Mr Young); granted. , , Jas. Hodgetts and William Hodgetts, extended claim, 2 acres west of Waiau adjoining Corkery’s claim on east, Erskine’s olaim on west, and sonth by seabeaoh —withdrawn. John W Wilson and Party, extended olaim, 6 acres, west of Waiau (Mr Young) ; granted Walter Crowther and Party,extended claim, 6 acres, west of Waian (Mr Young) ; granted F H Wilson and Party, extended olaim, 6 acres, west of Waian (Mr Young) ; granted. M Cavanagh and Jos Goughian, extended olaim, 3 acres, Waian Beach (Mr Taylor) ; granted , , . _ Eliza 0 Menoes, extended claim, o acres, Waian (Mr Young); granted Jos Rowlands and Jas Evans, extended olaim, 2 acres, west of Waian (Mr Evans); granted. , Jas Bennett and Edward Bennett, extended claim, 2 acres, Waiau Mouth (Mr Evans); A McPherson and Ole Sorenson, extended olaim, 6 acres, west of Waian (Mr Young) ; granted. . Harry Niokless, extended claim, 3 acres, Waian Month (Mr Evans) ; granted Tbos O’Brien, extended olaim, 6 acres, Round Hill (Mr Lyle) ; granted John May and Geo Biggins, ordinary claim, two men’s ground, Tewaewae Bay (Mr Evans) ; granted William Jones, ordinary claim, one acre, do chains above Lake George, Colao Bay. No appearance ; struck out. , Henrv James McLean, ordinary claim, west Waiau (Mr Anderson); adjourned to March 9th. Jas Anderson and Jno Crowther, prospecting area, for dredging, being island west section 8, block 15, (Mr Lyle); adjourned to March 9th. Thos Aitken, prospecting area, for dredging below sections 3 and 4, blook 15, Longwood (Mr Lyle); adjourned to March 9th. Jno Ward and others, prospecting area ior dredging, above Anderson and Weston s (Mr Lyle); granted. Henry James McLean, prospecting area for dredging, on Waiau seofcion 7, blook 17, below ferry reserve (Mr Anderson) adjourned to March 9th. , Francis Oorkin, water race in Rowlands Creek, 4 miles from seabeaoh (Mr Taylor) ; granted. , Jas Hodgetts and Willliam Hodgetts, water race, in Highbonrne Creek, 5 miles from seabeaoh (Mr Taylor); adjourned to March 9th. Denis Whelan, water race, in Alton Barn, four miles from its junction with Waiau (Mr Lvle) ; granted, "John W. Wilson and party, water race, m Rowallen Creek above Erskine and Treseder s (Mr Young) ; granted. Hugh Erskine and J H Treseder, water race, in Kohai Creek, five miles above Camp Creek (Mr Lyle); granted. Hugh Erskine and J H Treseder, water race, in Waimotu Creek, four miles from. Camp claim (Mr Lyle); granted. Hugh Erskine and J H Treseder, water race, Alton Burn, about eight miles from its junction with Waiau (Mr Lyle) ; granted M. Cavanagh and others, water aoe, in Waikawa Creek, West Waian (Mr Taylor) ; granted John May and G Biggins, water race, one chain above high-water mark in Gunn s Creek, West Waiau (Mr Evans); granted. M. Hannan and John Hannan, water race, in Grindstone Creek at north east corner of section 6, block 16, Longwood (Mr Young); granted Alex King and others, tail race, at a point cutting into Instone’s tail race, Orepuki (Mr Lyle) ; adjourned to April 13th. Thos Burke and Andrew G Riddell, tail race, on sea beach 15 chains west of Hut Creek, West Waian (Mr Young); granted,. > J Y Taylor, tail race, in King and Instone s tail race in Sandy Creek, Orepuki (Mr Evans); granted. M Hannan and Jno Hannan, tail race in Grindstone Creek, corner section 13, block 16, Longwood (Mr Young); granted. Morning Star Goldmining Co., dam, at Oooee Creek, Preservation (Mr Lyle); granted. Geo. W Lee, residence site, Canton terrace Round Hill (Mr Taylor) ; granted. Jas. T Nixon, residence site, half an acre Cummings Gully, Round Hill (Mr Lyle); granted. W J Perry, tramway, commencing in sawmill area No 334, blook 7, Longwood and terminating on east side of Ourawera sludge channel, 60 chains below Round Hill (Mr Lyle) ; granted subject to certain conditions protecting the Round Hill Mining Company being endorsed on grant. Crown, St George and Lizard licensed holdings at Cattle Cove wore granted 14 days’ prelection (Mr Lyle). AN OBJBOTIOW F H Green, extended claim, 3 acres at Round Hill. Mr Taylor for applicant. Objected toby Jos. Clark and Party, for whom Mr Lyle appeared. The objectors contended that as the particular piece of land had proved to be payab’y auriferous, and as the ordinary claims in the vicinity were being worked out, it would be an injustice, now it was found that the lead went in the direction of the application, to those who had been working there for years to grant snob a large area. Farther, it was contended, that the applicant’s pega took in part of objectors’ rights. Mr Taylor said Green’s pegs took in a claim which had been cancelled and in that ol dm Booth, one of the objectors, had had an interest. To him it appeared as ifthoy wished to keep everybody out. The applicant required the extended olaim because, owing to the nature of the ground, it would require machinery to work it, and he was prepared to take it up on the conditions imposed upon the previous holders by Warden Rawsou. T Booth deposed that it adjoined his claim, aud it took in ground his party would require in order to follow the lead. He and his party only had 17,000 square feet when they should have 30,000. Ho did not think it right that after getting worked out, new comers shou'd monopolise ] the ground. He was satisfied wi'h an ordinary olaim. The Warden said ha could not 1 grant an extended claim as ho was satis- j fled it would pay well enough to work ordin- 1 ary claims. He would grant applicant J three men’s double ground to be pegged out ’ within one week within the area already I pegged out and applied for. i

ALLEGED BROKEN BAKGAIN D McKay (Oraki) v. Donald Gordon and Charles McLean, miners, Waian. Mr Moffett for plaintiS and Mr Hall for defendants.

Tho plaintiff, in his claim, set forth that on the 4th October, 1896, for valuable consideration, the defendants received credit in order to enable them to prospect at the Waiau, they agreeing to give him a third - share of all mining rights, properties and * benefits acquired by them therein, and that ■ in pursuance of the said agreement, the defendants proceeded to the Waiau, prospected, ' and acquired an extended claim, as well as 1 other rights, and now refused to transfer to ' tho plaintiff his third share or give him a third share of the gold obtained therefrom. 1 Defendants denied that thoro was any such 1 agreement. The evidence was taken some time ago, when the case was adjourned to obtain the evidence of further winessos for the plaintiff. This was now taken. Elizabeth Bales deposed that in conversation with McLean ho said McKay would give two horses to do their packing and also back them to the extent of £2O for provisions to last them to Christmas.—Crossexamined ; Had never heard Gordon say that McKay was a partner, or was to have any interest. All witness knew she had given in evidence. Witness denied that McKay had offered her an interest in the claim.—Richard Bates, husband of the former witness, deposed that on one occasion Gordon had said to him that he understood that his wife was going to give evidence against him, and that if she went against them it would be;cruel.—Mr Hall: When Gordon said that, d d be not mean that if she gave false evidence then it would go against him?—Witness : No ; he said no such thing. He said if she went against him it would be cruel. He said nothing about false evidence. —This was all the evidence. His Worship said as he had not the notes of the previous hearing he would defer judgment. Mr Hall pointed out that even admitting the plaintiff’s evidence, it was only a conditional! bargain. If plaintiff supplied provisions he was to get one-third share, but the provisions had never been supplied. The cases John Stewart v. Richard Foley and Richard Foley v. John Stewart, assault and insulting language, were taken together, Mr Macalister for Stewart and Mr O'Reilly for Foley. The parties are neighbors residing at Flints Bush. The disturbance arose over some cattle on the 27th December. It was alleged that Mrs Foley drove some of Stewart’s oaltle away with hers, and when remonstrated with by Mrs Stewart she flourished a stick in her faoe and then assaulted her, both parties rolling into a hole in the road. This Mrs Foley denied, and said she had been violently assaulted, threatened and abused by Mrs Stewart, whose dog had bit her. Mr O’Reilly said some time ago Foley had been bound over to keep the peace, and there had been irritating acts done by the Stewarts to endeavor to get Foley to forfeit tho £25 bond. They were also against him because he had taken up a piece of land.Mr Macalister said whatever was tho origin of the troub’e, Foley bad been tho aggressor throughout. Mrs Foley had interfered with Stewart’s cattle, and that she had no right to . flo.—Eia Worship said it appeared to him that both parties required to be bound over. 1 —Mr Macalister said he would like the evi- , dence of Mrs Stewart, who was in the hospital suffering from the effects of the assault, to be taken.—His Worship agreed, I and adjourned tho oases until next court day. POLICE COURT. ; Elizabeth Phillips (11) was charged with ’ stealing 7s 6d, the property of E. Collins. f Uenry Phillips, her father, stated that be [ could not control his daughter’s notions, and being a poor man, he asked that she be committed to the Industrial School. Order made . accordingly. On the application of Constable Walker prohibition order was granted against Annie k Jones, who had previously been prohibited * for 12 months. MAGISTRATE’S > Morgan Hayes v. Mrs 0 W Martin. Claim > £2 7a 6d for goods supplied. Mr Anderson for plaintiff, and Mr Ward for defendant. r After hearing evidence, judgment was given ' for amount claimed.