THE BYRNE CLAIM

Ashburton Guardian, Volume 48, Issue 82, 17 January 1928, Page 2

THE BYRNE CLAIM

SITE OF CHRISTCHURCH.

FENDALTON LADY’S INTEREST. Association) CHRISTCHURCH, This Day. A claim made for a large slice of Canterbury, including the site of Christchurch, interests Mrs M. Ellis, ol 23 Garden Road, Fendalton. She is a grand-daughter of Captain Byrne, who, it is claimed, purchased the land from a Maori chief in 1839.

Captain Byrne was a whaler, with headquarters in Australia. He reamed the Southern Ocean in search for whales, and had a small fleet of vessels. His ventures took him to New Zealand. From discussions amongst members of the family, Mrs Ellis, who has not seen the documents, believes that the price was 3s 6d an acre, and that Captain Byrne wished to secure the land, then known generally as Port Levy, for a whaling station. The area, 20,000 acres, is a large one for the purpose, and it is somewhat difficult to understand how Christchurch comes into it. Mrs Ellis’s theory is that, as the Maoris would not sell a small area, it was a case of taking a big block or nothing. She has heal'd that in those early days, when surveys were troublesome and difficult, it was the practice for seller and buyer to climb to the top of a hill and define the area involved “as far as the eye can see.”

In any case, Captain Byrne came to the site of Christchurch. His family remember him saying that he came in a boat—up the Heatheote or the Avon evidently—and that Christchurch then was merely a flax swamp, a succinct description that tallies with descriptions by very early settlers. The claim’ lias often been discussed by the family, especially as far as it concerns Christchurch, which almost always was mentioned. As a matter of fact, it was the association between Christchurch and the family that brought Mrs Ellis, who is an Australian, to live in this city. She spent weeks searching the Deeds Office in Christchurch.

Her mother, the oldest claimant, Captain Byrne’s daughter, is 89 years of age, and lives in Australia. Mr George Byrne, of Aimealey, Queensland, who is pushing the claim, is Mrs Ellis’s uncle. Mrs Ellis’s father, Mr George Salter, was Inspector of Police in New South Wales. He took part in steps taken against the notorious Kelly Gang. Being only a son-in-law of Captain Byrne, he hardly cared to take any action in regard to the claim, but Mr John Byrne, a son, came to New Zealand years ago to investigate it. Originally, the case wa9 placed in the hands of Mr Jellicoe, who, some 35 years ago, was a prominent Wellington lawyer. Captain Byrne seems to have bought many Australian properties, partly for whaling stations, but in some instances as speculations. He bought a plr.ee at Narellan, 25 miles from Sydney, from which Mrs Ellis’si mother received rent for 70 years. He also boiight many properties in Sydney. Most of his time was spent at sea, but when his wife died he lost interest in things, stayed in Australia, and died at Newcastle.

Mrs Ellis feels that her grandfather’s practice of buying properties lends colour to the claim, even if that evidence is only circumstantial. One of Mrs Ellis’s personal recollections connected with the claim is associated with a document bearing representations of two Maori faces and tattooing. As a girl she always heard that Christchurch was included in the area her grandfather bought. Delay in prosecuting the claim is explained by the fact that the family knew that it would be a costly affair, and that the money to meet the expenses was not available. Besides that, Captain Byrne’s sons, who held Government positions, could not spare time for it.