Difference between revisions of "The Argus at KellyGang 21/2/1874 (4)"

Latest revision as of 21:06, 20 November 2015

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Both Larkins and Spicer told him to do so. Larkins said he had bought the slabs, and Spicer told him he had sold the slabs. He had received money on account from Larkins. He had been working on contract for Spicer and Cowell. He gave Anderson a cheque to be changed. It might have been Evans's or Spicer's.

M'Dougall, overseer of Springs station, gave evidence relative to the selections on the Taminick run. He believed that some of the selectors were living on their selections. He was a bona fide selector himself, and had a great deal of his land under cultivation, he resides about 346 yards from his selection.

George Fox, rate collector for the district, stated that he had received rates from Doyle, Barry, M'Donald, and other selectors. They paid him with Spicer's cheques. He called at the station, and they went to the station and got the money. G Barry was absent from the station, and Spicer paid the rate. The men would have been summoned if the rates had not been paid.

Charles Witt, Crown lands bailiff, gave evidence respecting the condition of the selections. There were some improvements on R Barry's, M'Donald's, and Doyle's selections when he visited them 12 months ago. He valued the improvements at about £30. There were no improvements on G Barry's selections, nor upon J R Cowell's, which had only just been granted to him.

- Simpson stated that two years ago he had been employed to put up a boundary fence between R Barry's selection and the Taminick run. G Barry employed him, and Spicer paid him.

Mr Smith intimated that the case, as regarded the licensee, was closed.

[BY ELECTRIC TELEGRAPH]

(FROM OUR OWN CORRESPONDENT)

Mr Purves said that the licensee, Mr Evans, was not in Victoria , and had not been for years. Mr Cowell was the owner of the station, and he had not been summoned to appear. He was not a person who claimed an interest through or under the licensee. He (Mr Purves) should not call any evidence, but should put statutory declarations before the Minister of Lands.

Mr G P Smith then addressed the court, and contended that by the action of the defence the case was allowed to go altogether unanswered. He submitted that a prima facie case had been made out, and that the license should be declared forfeited. The other side were called upon to show cause why the licence should be renewed, but instead of endeavouring to meet the case openly they had thrown every possible obstruction in the way of proving it. There was no attempt to deny the evidence, and Mr Spicer, who was no doubt a truthful man, did not dare to come forward in the witness-box to deny what Mr Graves had stated. He did not think that the Bench could have any doubt that a clear and distinct case had been made out.

Mr Purves renewed his objection to the constitution of the board, and submitted that notice ought to have been given to Mr Cowell, who was well known by the Lands department to be the owner of the station. The board was, in fact, an escape for the Minister of Lands, and upon it the real responsibility of the decision rested. No decision ought to be arrived at from mere suspicion, but should be based only on the real substantial facts of the case. He contended that there was no evidence to justify them in reporting that Mr Cowell or any one with his sanction or authority or in his employ had been guilty of a fraud upon the act. The principal evidence concerned the Larkins, and they were selectors upon another run.

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