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Committee of the House of Commons. Defendant had been compelled to appear "before this Committee, and had, upon examination, handed in a list of certain public-houses, with the names of the owners. On the part of the defendent it was objected that this statement had been made under a compulsory process from the House of Commons, and under pain of incurring punishment, and that the declarations were not voluntary. Abbott, Chief Justice (than whom there was no higher authority in the law), was of opinion that the evidence was admissible. Upon that evidence he was indicted for an offence against the common law, and found guilty on that evidence. This case was tried in 1820, and no case had occurred since which had upset that decision. Mr. Moorhouse proceeded to say that in all cases where counsel was heard by a Parliamentary Committee, it was the privilege of the party affected that his counsel should be heard first, and he asked to have the opportunity of looking over the Commissioner's report, when he would point to language in it which would show that his client was charged with an illegal act. [Mr. Brissenden and Mr. Moorhouse then withdrew, and the Committee decided to again tender the oath to the former. They were then recalled.] 9. The Chairman.'] The Committee has considered the arguments which have been offered by your counsel, and I have been directed formally to tender you the oath. 10. Mr. Brusenden.] With all due respect to the Committee I must refuse. I have put myself in the hands of my counsel, and I must be guided by him. lam entirely in your hands. I wish the members of this Committee to understand that I came here intending to make a statement, a true statement, and to lay before them documentary evidence, as stated by my counsel. 11. The Chairman^] The Committee cannot hear you except upon oath. 12. Mr. T. L. Shepherd.'] I submit that the witness should be requested to. withdraw, he having refused to be sworn. 13. Mr. Moorhouse^] I ask permission to confer with my client. 14. The Chairman.] We have no objection to that. [The witness and his counsel then left, and returned to the Committee-room after the lapse of about five minutes.] 15. Mr. Brissenden.] Well, gentlemen, my counsel advises me to take the oath; consequently I am prepared to do so. 16. The Chairman.] (After the oath had been administered to the witness.) Tour name is Edward Torrens Brissenden ?—lt is. 17. What is your occupation ? —At present I am engaged in the purchase of Native lands for the General Government of New Zealand. 18. Do you remember the opening of the Ohinemuri Gold Reid ? —I do. 19. Do you remember the date ?—Early in March, I think it was. 20. Do you remember the day before the opening ?—Tes. 21. Had you about that time made application for a number of miners' rights ?—Tes. 22. What was the date of that ? —On the day previous to the opening. It was late ; about 8 oi\9 o'clock at night. 23. That was in the evening of the day previous to the opening?—Tes. 24. How many miners' rights did you apply for ?• —I handed in a list, and paid £53. First of all I paid £40, and then £13 more, to Mr. Allom, the Registrar. 25. Do you remember the names of those men in whose favour these rights were issued ?—I do not. I never saw them. 26. When did these miners' rights come into your possession?—On the morning they were distributed. 27. At what hour?— About 6.30 a.m., I should think. 28. How did they come into your possession ? —They were given to me. 29. By whom ? —I will lay this document before you. [Hands in letter.] It will, perhaps, save a great deal of questioning, and also your time. 30. By whom is the letter signed?—By Mr. Gerald O'Halloran. 31. I think, however, I had better repeat the question. How did you come into possession of those rights? Who gave them to you?—Mr. Gerald O'Halloran. 32. Tou have handed in this letter. Do you wish it read ?—I should like to have it read. It will perhaps save some trouble. [The letter was read as follows : —" Nelson, 20th August, 1875.—Dear Sir, —I am informed that the evidence given before Major Keddell, the Commissioner appointed to inquire into the irregular issue of miners' rights at Ohinemuri, points to your having improperly taken the rights in question without any authority. I feel bound, therefore, to say that there is no ground for such an imputation. I was at the time acting as clerk to Mr. Mackay, and a number of miners' rights were in my possession. Knowing that you had. paid for about forty, I, at your request, handed to you those I thought you were entitled to. —Tours truly, Gebald O'Halloban. —E. T. Brissenden, Esq., Wellington."] 33. After these miners' rights came into your possession, what did you do with them ?—I took them down to the place where I had been stopping—the house of one Taipara, a Native. 34. What then ? —Some time afterwards—l cannot well tell the time, but I should say it was somewhere about breakfast time—a person named Dillon, one of the prospectors, came to me and asked me if I had got the rights. I said, " Tes, I had," and I gave them to him, with strict injunctions that he was to be careful not to use them before the time. 35. Mr. T. L. Shepherd.] Tou have stated that you got possession of these miners' rights on the morning of the day that the ground was declared open for pegging. That was on the 3rd of March, was it not ?—I think that was the day the field was declared open. 36. Do you remember when you put in your application for these rights ? —About 10 o'clock on the previous night. 37. To whom? —Mr. Allom, the Eegistrar. 38. Where?—At the Warden's tent, if you can call it so. 39. Where ?—At Mackaytown.
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