The Argus at KellyGang 21/2/1874
THE BENALLA LAND INQUIRY
(FROM OUR SPECIAL CORRESPONDENT)
BENALLA, Friday
The inquiry by the land board (consisting of Mr Holmes, PM, and Superintendent Barclay) appointed to investigate and report upon certain cases of alleged dummyism upon stations in this district, adjourned from the 7th inst., was continued this morning. The cases of the Tullagaroopna and Seven Creeks having been previously disposed of, the case of the Taminick Station was proceeded with.
Mr Evan Evans, the licensee, was called upon to show cause why his licence should not be declared liable to forfeiture; and the following selectors, R and G Barry, A M'Donald, J Doyle, and J R Cowell, were also called upon to show cause why their selections should not be forfeited.
Mr G P Smith appeared on behalf of the Lands department; Mr Purves for the pastoral tenants-Messrs Spicer and Cowell; and Mr M'Donald for some of the selectors.
Mr Purves submitted that notice of the proceedings ought to have been given to Messrs Spicer and Cowell, the holders of the run.
Mr Holmes held that notice given to the licensee was sufficient.
The first witness called was Thomas Nixon, district surveyor in the Benalla district, who stated that he knew the Taminick run. Mr Evan Evans was the gazetted licensee, but Messrs Spicer and Cowell were in occupation of the run, and had been for some years. Knew the following selectors on the run:-Angus M'Donald, who selected 15th March, 1871; Richard Barry, 11th March, 1871; G Barry, 15th April, 1871; J Doyle, 5th May, 1871; J R Cowell, 27th December, 1872; J W Cowell, 12th April, 1872; S Larkins, 16th September, 1872 ; Edgar Larkins, 29th August, 1872; and M'Dougall, who selected earlier than the rest. Licences were granted to all except the Larkins and J W Cowell.
To Mr. Purves.-M'Dougall selected partly on the Taminick and partly on the Springs run, which was managed by Mr Graves. M'Dougall was a farmer, and had a mulberry plantation on his selection. When witness had visited the selection, about nine months ago, M'Dougall was not residing on the land, nor was there a house upon it. He had not reported the fact to the Lands department. He had not been asked to report it. M'Dougall had been in possession of his selection or over two years.
James Graves stated that he was a partner in and manager of the Tatong, Emu, and Springs stations. He know Mr Spicer a little. In August, 1872, he became aware that two men named Larkins had selected land on the Springs run, close to the boundary of the Taminick run. From inquiries he made, be came to the conclusion that the selections were not bona fide, but were taken up in the interest of the Taminick run. He had an interview with Mr Spicer on the subject, and told him that he understood the two Larkins were in his employment, one as gardener, and the other as in charge of a shed, and that he had found the money for them. He also pointed out that their selections were in the vicinity of others taken up by Spicer on his run. He asked him to refute these statements or explain. Spicer admitted that the men were in his employment, but said nothing about the money.
He also said that if he had known witness was the new purchaser of the run, the selections should not have been taken up, and he promised that nothing more should be done with them, he asked witness, "Why do you keep in your employment such a blackguard as that M'Dougall? He was induced to select on my run before you came here." Witness said M'Dougall was a relative of the previous manager, and as he found him there he did not care to turn him away.
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