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Mr. Adam Poeteb examined on oath. 356. The Chairman."] What is your occupation ?—A miner. 357. Do you remember the opening of the Ohinemuri Gold Field ?—I do, on the 3rd of March. 358. Tou have sent a petition to the House on the matter ?—Yes. 859. Will you describe the circumstances of the opening, so far as affected yourself? —-When the "Luna," with Sir Donald McLean, Dr. Pollen, and Mr. Mackay, was at Ohinemuri previous to the opening, there was a meeting of miners, and myself and two others were appointed to wait upon Sir Donald McLean, when he had finished negotiating with reference to the opening, to ask when the country would be proclaimed open. He informed us that it would be opened in about ten or fourteen days. That was about fourteen days before the opening—about the middle of February. AYe had a conversation about how the rights were to be issued, because we thought, if there were two or three thousand applications, some would have a great advantage over others by being able to get them sooner. It was then understood, from a suggestion made, I think, by Captain Fairchild, that the rights would be written out on the night previous to the opening, and that the Armed Constabulary would be employed to issue those rights. Some short time after this a Proclamation was issued, signed by Mr. Mackay, Agent of the General Government, and saying that the field would be opened on Wednesday, the 3rd of March, and that money for rights would be received on the 2nd March, the day previous. It was understood that the regulations, as published, would be issued at the same time. When on board the steamer, I myself, in conjunction with others, put a question to Sir Donald McLean, if, after paying the money for our rights, we could go on the ground, peg out, and get our rights afterwards. Sir Donald McLean said that, in his opinion, we could not do that, as we had no business there until in actual possession of our rights. That was the impression left on the minds of some 150 men, who were on board the steamer. We went away with that impression, and the question then was, who could get first on the ground. On the evening previous to the opening, I was the first that paid money into the Warden's olh'ce for rights. Myself and C. F. Mitchell went in together. I paid for sixteen or eighteen rights, and Mr. (Mitchell paid for thirty. We got tickets representing the money we paid in. On the Wednesday morning, the 3rd of March, I got a horse—everybody seemed to be getting horses. I got a horse belonging to Te Kepa, of the Ngatikoe, which was supposed to be as good as any. When we got the rights, some ten or twelve started at once for Karangahako. I managed to get there first, but when I got there the very first words told me were that I was too late. Some said, "We have had our rights here this hour." The ground that I intended to peg oft' had been pegged oft'; I found there were four other parties who claimed possession. Three of those parties claimed possession by having prior rghts on the ground. These parties afterwards registered one as "The Golden Hill." I myself registered as " No. 1 South." Immediately I found that these rights were issued, I went to Auckland to take legal advice, and from what I learned there and elsewhere I believed that these rights which had been got before the time of issue were of no value whatever. Acting upon the advice I received, I did not commence proceedings, but became defendant in a case, Payne and party versus Porter and party, that lasted up to the 23rd of April. The Warden's opinion was that he had no jurisdiction to divide the ground. I myself was agreeable to divide the ground and take a portion, instead of amalgamating. The Warden, from the Act, had no power to divide, but advised an amalgamation of interests. The amalgamation took place, I think, on the 23rd of April, that a company should be formed for the ground claimed by all the parties, the No. 1 South and the various other names. I was to surrender one-half of the ground to these other three parties, each party to pay their own expenses. A Company was then formed of 10,000 shares, called "The Mazeppa Company." I took 5,000 as representing my party; and the three other parties, known as Payne and party, Howard and party, and Riordan and party, took the other half of the capital of the Company.^ During the time that the lawsuit was going on, from the 3rd of March to the 23rd of April, we had twenty men on the ground, because if we did not man the ground it could have been jumped within twenty-four hours. The value of the ground up to the present time hns never been ascertained. Immediately after the ground was pegged out, some of the holders sold at from ten pounds to twenty pounds per quartershare. At present, we cannot tell exactly the value. When I left, they were negotiating to endeavour to get a battery erected for the purpose of testing the ground. I may say that it is my own opinion that if these rights had not been issued we should have had no lawsuit regarding the ground, because no one, I think, disputes that I was the first that arrived on the ground. From the place where the rights were issued to the Karangahake Spur is a distance of a mile and a half or two miles, and on the whole length of the road there were miners, two or three hundred probably, and I could not be lost sight of until I got to the Karangahake Hill, and when I arrived at the foot of the hill, that I was the first that had arrived. It was impossible for any person to' pass me, as there was only one road, and that a very narrow one. 3GO. Was there no short-cut ?—There was no short-cut. The only short-cut was one I made myself. I have known Ohinemuri for some years, and the reason I made such a rush was that Thorpe and party had put in an application for a prospecting claim some years previous. They told me where the ground was, and I arranged not to interfere with their application for a prospecting claim, but agreed to peg out alongside of them. Three days previous I went over the ground with one of the Natives, who showed me where they intended to claim as a prospecting claim. I then took my mates on the ground and showed them where, in my opinion, they ought to peg out. On the Tuesday previous to the opening, a surveyor went up and surveyed what was to be the Prospector's Claim, and 1 believe were stopped by some of the parties claiming the ground. The decision was not then given who was to have the prospecting claim. Then the ground became as well known to hundreds as it did to me. The surveyors went up to survey the ground, and Mr. Mackay went up himself and pointed out the supposed course of the reef, and where the pegs of the prospecting claim were to be put in. So far as the miners were led to understand, the men who were there first with rights were to be the owners of the ground. That was the reason why the race out took place. 3GI. You state that you had reason to believe you were the first on the ground after the issue of rights from the tent. When you reached the hill, did you find the ground you had intended to peg

Mr. Adam Porter.

Ist Sept., 1875,