WARDEN'S COURT.

Inangahua Times, Issue 89, 31 October 1877, Page 2

WARDEN'S COURT.

Tuesday, Oqtobeb 30th, 1877, '. (Boforo E, Shaw, Warden, and Messrs. E. E. Gulline, 0, Wise, J. WaUh, J. Aloxandor, | Assessor,) ] IqUTLEB V,. BAYJFEII.D. : Tbi9 was a complaint Betting forth tbafa on or about Monday tho 20th : August last, the defendant illegally i interfered with and/ encroached upon a mining. leaso situated in, Murray Creek, by applying : for the same whereby com* ; plainant prays, that defendaut be ordered to desist.. Defendant entered, a. plea of " not guilty." i Mr.Staite appeared for tho complainant I and ;Mr,l?itt defended. 1 Mr Stoite, proceeded at some length, to i open the.- case for.- the complainant,, and- ' thon called Uig following evidence. John Butler — I am the plaintiff in, this I action and recollect Monday 2(Hh.AugUßt. ' I made an, early start f'rom.Koefton on tho ' morning in question.. I left at G. o'clock, i and wont by the old track to the, jporoevcr» i anco ground. I, went there- to .peg out a claim, and did so.. I. pegged tho land ' shown yellow on, tho map produced. I commenced to peg at about 7-: o'clock.. I-, swear positively that I-commonced to peg. by 7 o'clock. I< used four pegs. They, ' were all. of the regulation size, and I: " placed one, at each asgle of the ground. I believe tho surveyor adopted my pegs. ' exactly as. I placed them. . It took me an hour and a half to peg the ground. I ' knovr\ the ground pegged iby Twohill, .and ' I, do not think it could be pegged in loss ' than,two hours. Otic of the lines is very, difficult and steep.. I beard Twohill give hig evidence on a, former occasion, the , spot he pointed out as where ho put hia peg is not a',corner of the ground. I. was with , Mr, Woolley on the Thursday he \ went to survey tke ground* Bayfeil&may have pointed out a peg to Woolloy. I did not see four of Twohill's. pegs pointed out by- any. one £ only saw- one peg pointed out the S.E. peg, . it is about an inch through. I, have walked- round the ground, .and could ;not see any other peg. lfc Was my opinion that they, were pegging the ground as they, went along, with Mr Woolley. Twohill left without showing Woc-Jley tho B»W. peg: ; Woolley was looking for that peg and could not find it. The pround pegged by Twohill comprises ' portions of other leases, .# did not throwout any of Twohill's pegs.. l did.not think there -is a man living who could mark out the ground described by Twohill in halfM an-hour. Heaphy pegged iout the ground ' taken up by me, and he stated as his reason that he did not think J had pegged ; it out right, but when I' went up and \ showed him my pegging ho agreed, that ifc was properly pegged. Cross-examined —It was before sis o'clock when I left Beefton on the morning question. It was a quarter to six. It was a quarter to six. It was broad daylight. The sun was not up. It was a pretty clear inorninp,. I first decided to. ; peg out the ground on. tho Saturday night previous. I was laid on to the ground und determined to start- early. I did not ' hoar who was to peg out tho ground. It was a littlo before 7 o'clock; when I arrived on the pround and' commoncod to peg at, 7 o'clock. I, started, at "tho S.E :

jorner and went to N.E, corner. I did lot see IVohill there nor any of bis pegs. [ have been on the ground U-ico since, md could uot find; his pegs. Twohili jointed but one peg tb Wbolley. I used airvey peg*- I think it is' usual to use mrvey peps they wee supposed to bo three Inches, by 3 feofc 6; inches. The- pegs were lathe ground and I pulled them out;, md, put them in again* S did not note bho exact time it took mo to peg ; oat theground. / By the Assessors— l am. quite sure- the pegs had not been moved, in the morning before I went up. By, the Court— lt took me a couple of hours- to peg the ground 1 . Some of the lines were cvt i. but tho- west lino- was not cut* I cannot say how long it took me more than nit hour. It took me- less than an hour to go up. to the ground*, but E took my time coming back.. I was in no hurry pegging out the ground, and took my time- It was about 2' or 3 o'clock when,!' lodged! my application. I am not tho holder of a miners right or business license, but, hold a. mining lease. G. W. Woolley— l ara district, surveyor. I recollect the 24th August. On that day I went to survey the application of Butler and Bayfeild. I saw But* ler's pegs- The pegs were old survey pegs and of the regulation size. 1 only saw three of Twohill's pegs. Two- of the pegs were found, and- the third was a splinter or slab. TwobJU's pegs were not of the regulation aizj or height. I don't think an axe had been used on any of the pegs- It went up to survey both claims. I fixed tho pegs of both 'applications,, but did nofc cut the lines.' before I made the plan. I Hw Two&ill's fourth peg. Twohili pointed up towards Walsh's Look Oiltas the situation of bis fourth peg. To put bis fourth peg these- he must have mistaken tie direction. Cross^osamiQed — Had »o difficulty in seeing TwohiH"s three pegs as they were pointed out to me. Ke-cxamined — There- are numerous pegs in tho locality, and any*porsoo wishing could easily point o»fc r pegs. By tho Couit — It was, arranged to go ovor Twohill's pegs first, and in doing so oamo across Butler's pegs* Butler ami Bayfield wore with me. Saw Twobalß's fourth peg on the 29th August. Re-examined?-*! believe Btatleir was present when Twohill's ".first peg was pointed out, but I won't 3wear. By an Assessor— A parson could go round and put i». tho peg*. i» the ground in an hour, and if the pegs were ready made, and the person knew tho ground it could be done- in, hi If that time. Twohili seemed to know- t&e ground pretty well, but he pointed out as the site of his-foi&rfch peg a position which was contrary to&at in which he ultimately took us.' William Heaphy— l taaow the in, dispute. J pegged it ofif myself about tho 21st of August. I pegged the ground bocause I thought it had been wrongly pegged by Butler. Subsequently Buffer pointed out his pegs, and I abandoned the ground becauso I could see he haef pegged it properly. I know the ground pegged by Twohili. I believe they applied for 16 J acres, but there was only fire acres. It took mo about two hours to peg tho ground. I don't think I could peg the ground claimed by Toohill in less thau two hours. The country is rather difficult to get ovor. I have no interest in Butler's implication. It would take halfran-hour to go from Twohill's ground to BlackVPoint. liwa3 there when the surveyor waa there. Twohili went with the -surveyor towards Walsh's Look Out to.pointout his fourth pog. He went* to the-top of the bill, but I can't say where ho went from .there. I pegged my ground on, the same day as Butler, but did not see any one on thc-ground. No one would recognise TwohiH's pegs unless they were pointed out. The day in question was a clear one. By Assessors— »Twohill did not blsze lines, as there are old lines already cut. John Wallace— 2 ? am a storekeeper re« siding at Blacks Point.. Recollect Twohil looming to.. the store on. the morn> ing oft the 20th, August, It was* about 8 o'clock. He said he had been, taking up a lease at Murray Creek, and wanted to know whether R&msay and T would go in with him and bis brother. Wecon* sentedito go in along with him* He said there would be four in the party* bat when going away. he said "by the- bye we will have to give a share to the man that marked out the ground 1 ; Never authorised Mr Bayfeild to say that ill was a shareholder with him. Cross-examined— l' would not object to take a share in the ground if Bayfeild got it. Niehol Ramsay — I'am a storekeeper at Black's Point. Recollect Twohili coming into the store a little after 8 o'clock on the morning of the 21st August. He asked me if I and Wallace would join with him aad:his brother in a spec to take up some ground ; wo agreod, and ho then said that he would have to give a one-fifth share to Walter Ryan who he had left to peg out the ground; He- said -if ho pegged out tho ground M. Byrnes would' discharge him from the Perseverance. Cross-examined — Bayfeild called at tho store and said he was going to peg out the ground. I told him tho ground was ours. He said .that was the first ho had heard about the matter. Twohili did not say that he h'adipegfed the ground, but said he had left Ryan there (o do it. G. W. Wooiley— My survey is -according, to T.vrouillY-uegging,

This closed the caso for the complainant, and Mr Pitt opcued the case for the defendant called the following evidence : — James Twohill 1 — lam a minor and was working in the Perseverance mine. I recollect Sunday, KHh August. I was in lloeftofton tfyafe evening, andi started for M'mray Creole. I intended' to mark out a loase nortfr of the Perseverance. Myself, Heaphy,. an& Banner, went to Cement Town, to Neilson's. I stayed there that night,, and nest morning I loft and went up the Perseverance Gully and marked the claim. £ left Nelson's a little after daylight, and a littl© after 7.' o'clock, reached the ground. It took me about 20 minutes to get on to tho ground. X was alone. I put in. tho first peg about tbe middle of the south boundary. I next went to the fowa of the hill and put in the-S>E. peg.. I then, went to the N.E. and put in a peg, and lastly came, down by the Defiance paddock and) put 40 tho S.W. peg. It took mo about half an hour. One of the pegs was five feet high, some of them 4 feet,, and one was a- small one. The pegs were plainly visible, After compbtieg the pegging 1 left for Black's Point. It took me about 20* minutes or half tin hour to walk the- distance.. I wont into Smith's store and then* into Bam* say's. Saw Wallace end Ramsay, nndi told Wallace that ltyan was to peg the ground for me that morning if I was at work; but as I v*a3 not at work I pegged, it myself. Ryan was to* have a share because I had arranged that he was to peg it out. £ then came to Reefton and saw Bayfoild, and he put in the appKca- ' tioa. I told ham who tho shareholders • were to be. On Wednesday following went on to the- ground with Bayfeild and Ryan. We found the S.E. peg thrown out. Had no- difficulty in finding our pegs. Never saw Butler on. tho Monday morning, nor any indications of recent pegging. On Thursday was on tho gronnd, and pointed out ihrco of tho pegs to surveyor. I told Woolley tho direction of thjP fourth peg, and he told mo to go over and coooy. I did go over and cooey but got no answer. It was about 8 o'clock when I reached Black's Point after the pegging. It was a fine morning. Cross-examined — I heard tho order about witnesses leaving the Court. I was in Doart for two or three mieutes while Mr Pitt was addressing, I will swear that on the former occasion I did not point out a spot in the middle of B a tier's ground in the direction of Walsh's Lookout as one of my corners. I did not goup with Mr Wooiley to Walsh's Lookout. If they have stated that I did they hare said wfeat is untrue. Tho pegs shown in the survey are the same as claimed by me originally. I had somo di&culty. ia pointing out my fourth peg 00 the map at the former hearing. The fourth pec may be in the direction of Walsh's Look-oist. My S.E. peg was thrown out when I went up the second time. To tho best of my belief I did not swear that two of my pegs were two feet six inches high. I could not swear to the height of my pegs- I had no axe when 1 was. pegging. 1 did not tell cither Wallace or Ramsay that I bad loft Ryan to peg out the ground for fear of getting the sack myself. I was told tbat I had pegged out somo of the United Baod of Hope-. It might take me about half an hour to peg out the ground. It did not take me much more than half an hour. I can't account for having put three of tbe pegs in a line. I thought I was pegging out a square block. A man can't .tell where ho is going through the bush. On Sunday night it was Ryan that was to peg out the claim on the following morning. I commenced my pegging in the middle of the Perseverance boundary, and tho others as stated. Did not see Butler on the ground. If? was arranged on the Sunday night that Bayfoild was to have a share. Neilsou is to be a witness in this case. He is a sharebolder in the lease. By Assessors— l made one mark on a free with a penknife as I passed down the line. t Walter Ryan — I am a miner. On August 10th I was in Reefton, and on tbat day saw J. Twohill, ond made an arrangement with him about pegging out ground adjoining the Perseverance. I was to go up with him on the Monday morning and peg the grotjnd. Twohill expected to go on. his shift at 1& o'clock or* Sunday night, and 1 it was arranged that I should meet him at 8 o'clock nest morning and go to the ground. On the Monday morning I met Twohill in Reef ton* and ho said he had pegged the ground. 1' was to have a share- in theground. We went to Bayfeild*. I did not peg off the ground! I was on the ground when- the surveyor was there, and saw Twobill point out the pegs. Iwohill had shown me the pegs ou tho previous day. Ho had no difficulty in finding the pegs. It would take a man about half an hour to peg the ground if he was pretty quick about it. Cross-examined— l was to meet him on the following morning and peg the ground. lam telling the truth. It was about 9* o'clock, when I met Twohill. I know ■ what regulation pegs are. 1 will not swear that none of Twobill's pegs were under 3 feet. Charles Noiison— l am a storekeeper atCemout Town. Twohill came to my place on Saturday 19th August. Had somo conversation with him about pegging out ground. He remained at my place that night, and leftrnext morning at about half-past 0 o'clock. It should not take more than half-an-hour to go from my place to the Perseverance. By Assessor— l think it would take about an hour to peg off; tho ground in question. A. D. Bayfeild— l- am tho applicant in this case. I lodged my application a few minutes after JO o'clock on Iho morning of tho 20th August. I first saw tho ground ou Wednesday 22 od. On tho way called at Ramsay's atoro and had a conversation with him. Then proceeded to tho ground with Twohill aud Ryan and saw tho pegs pointod out. Ono of tho pegs .was out of its place autl Tovvhill

described it and Ryan- found it There were footprints about. J Cross-examiacd— l lodged the applioiw tion on behalf of myself J. lYohill, P. Twobill, Wallace, T^msay*.aad Ryan. I never- told Ramsay that I was uot awarn th.it ho bad an interest in the lea.«n. I did not tell him Mint I would try and get him. ao interest. Cannot recollect whether evidence was given at the former hearing to the- effect that ono of the pegs was only 2 feat ftinchos high, .v-pf. This closodt the case for the defendant. 3Vfr Pitt, aud Nfr St.iite. anitho War* den, having summed up. exhaustively the- issues were left to the Assessors : First as4o> whether the-peggin,<» by Butler ■was prior to- that of Tvohill. 00-l second as to whether the poking by Twohill was a pegging' within the meaning of the regulations. The Assessors after a short deliberation came to tho conclusion- unanimously that tho "peeking of Butler Tssas- prior to that of Twohill, and lastly that the pegging of Ttrohill was not a pegging contemplatedby the regulations. Tbe Court then adj mrned.