ORIGINAL CORRESPONDENCE.

Otago Daily Times, Issue 302, 8 December 1862, Page 5

ORIGINAL CORRESPONDENCE.

ROUTES TO THE NEW DIGGINGS. "* j.'' Mb Gibson's,Statement. - {To the Editor of tiie Daily Times.) Sib, —As' there is at present so much excite ment relative to the Cardrona gold field and the so-called Pox's Rush (which I conceive would be more correctly styled McGregor's), perhaps a few lines from one who has had two months' exparience «of the- Dunstan Diggings, and in the course of that peiiod has travelled over nearly all the present workings, may bo acceptable to your readers. I have often heard it stated, both in town and at the Dtsristan, that the best' route to the Cardrona was via Invercargill : this I hold to be an error, and will endeavour to show why I consider it so. The distance by the West Taieri route is -as follows:— ,

; -'■' ' ■ "■■ : . ,■■■/■''■ ■ . "■■ •■■■ : 156". I ana another person started from the Dunstan township in a spring-cart, driving tandem, about three o'clock on the afternoon of Tues<laj' (camping out where we" found good feed for the horses), and-'..reached Duhedin easily by three o'clock of the afternoon of Thursday following, finding no difficulty with the vehicle, the road beiag very gool all the way. Our route was as follows :—From the Dunstan to the foot of the Rough Ridge, where we passed our first night on -the road. Thence to Campbell Thomson's Station, where we found two accommodation houses, but the one was quite full, and the other notyefc complete; however, we gqt some feed for our horses, and, doubtless, in a while travellers will be readily supplied with-all they want, judging by the capital supper furnished, by Mr Kerr, who regretted that he had no sleeping accommodation for us. '.this we found at the Woolshed on the station, for the payment of the small fee of a shilling a head-—not unreasonable for a good shake-down and shelter for the night.

In the morning we started again ; and after a drive of sixteen miles, reached Marshall's Accommodation House at the Deep Stream (three miles beyond Healey's Station), where we found the provisions of the besfc kind and everything very clean. Thence to Dunedin our route was an easy one, there bsing places of accommodation all along, the road, where food for man or horse is easily obtained. Now, Sir, I consider this route as immeasurably superior to that via Invercargill, with its long delay on the Lake, which I have heard stated sometimes takes three weeks to get up, as the wind blows mostly down the Lake.

In conclusion, 1 may state that th« route via Oarnaru offers great advantages to any one drayng goods to the gold fields, as the distance from Oamaru to Wilkins's station (where you may cross the Clutha in a good boat) is 140 mile s of an excellent road:* Thence to the Cardrona is only 16 miles; and to the Arrow 16 miles more, which last is reached by pack-horses. As regards the foot traveller, for upwards of ninety miles from Oamaru there areaccomodation houses where he can procure food and shelter; but thence he must carry provisions, and make up his mind to camp out till he reaches the diggings. Trusting that the importance of the subject may excuse this long letter. I remain Sir, Yours &c. Jamhs Gibson. (Late of M'Leod & Gib3on). ■ • . ■' . '■'' '"■..' —•—♦ ~ ' ■ ■ .'. '. ■■. ; ISAACS V. LUSCOMBE. - {To the Editor of the Daily. Times.) Sir, —Permit me through your columns to call attention to the manner in, which this case has been; prosecuted in the Supreme Crart, and I will leave the public to come to their own conclusion about it, asl havti alre Vdy, aud pretty conclusively, come to mine. In this case I have the misfortune to be a plaintiff, seeking damages against my architect, for: the injury he hal done me by placing my building b?low the street level. The case came on on Thursday.la«fc for heaiirig, and after J and my witnesses were examined, Mr Gilliei applied that I should be non-suiteil. Mr Barton, whoappcared for me, argued against my being non-suited, and stated that the plaintiff de3ireil the case to go to the jury. Now, sir, it scenw thai the law is, tliat the plaintiff may if lie likes, rafuse to be nonsuited, and take his chance of the jury agreeing with him, notwithstanding the adverse opinion of the Judge as to thesumciency of the CUB 2 made, but Mr Justice Gre*sou did not appear to be atvari thAs such was the law, and he arid after hearing thß^rguraenfci—" I agree with you Jfr Gillies, and I'll nonsnit the plaintiff, now let me have your points in writing."- Upon this Mr Gillies got up and stated his paints, which the Judge took down in his notes (and your reporter sir, also gives them in, his report) and then~ &Ir Barton gob up and requested the Judge also to''take his "objection to being nonsuited on his notes, and the Judge entered that objection, and thereupon the jury was discharged and the case was ended, and I went away rather astonished, at losing what appeared to myselt to be a dear case. I now find to my greater astonishment that the Judge says that the case is not over at al.', aid that he expressed his intention to call the jury up again on Monday, and to inform them that I am not nonsuited, and direct them to give a verdict against me, without any evidence being given for the defendant. Now sir, I protest against thi,,-1 say that every one, including the jurymen went away with the full knowledge and belief that I was non-suited, and the ca«e over. lam told the Judge now says that he did not non-suit me, because he has found out that he hod no right to non-suit me, but I say that whither he had the right or not, he did, and that he entered all the "grounds of non-suit in his note 3, aud my counsel's objections, and that he discharged the, jury And they separated and scattered, and are no'more a jury now, than any other twelve^ men that tried a case together last, year, and that now finding himself to be indefensibly wrong, he will do an outrageous wrong by calling up the jury and directing them to find a verdict against me. It may be «aid if my counsel were willing to take his chance with the ju?y w whyam I not now willing to take the same chance on Monday ] I answer that it is not the same chance. On Thursday the points were fresh in the minds of the jurymen, and even though the Judge > should have charged against me (as of course he .will do i now,) I expected theai to return a verdict for me, in the same manner as the jury did in the previous case of i Smtih against Cleve,m wlrchthey askel upon their own' opinion of the case against the strongly conceived opinion of.the Judge as expressed in his charge. But, now Sir, the facts are.gone out of the jurymen's minds, and the Judges change will in all probability be the foundation of their verdict. Now, Sir, the jurymen are upon their oaths to find according to, the evidence, and I ask you if the Judge is wrong' upon, a plain matter of Law in this case, and now insists that" he did not nonsuit me, because, he finds, himself in the^ wrong"; raayjie not be wrong also when he t*»lS tliem that though my bailing is nearly two feet below, the level of the street, that in fact Jbe does not conceive thai it isfo in law If lie is'not infallible in hia law aa to a nonsuit, now can he be in* fallible in his lew as to, the position of my building.' - The jury in the,case ot Smith v. Cleve; felt bound to actupon their own judgment, rather than that of' the Judge's, Sir, 1 say that my case lias been disposed of, and'l protest against this mode ot dealing with C.it on Monday. ,' ~' -„, „ . | am, ice.,, ' , # " * , ' S; G. Isaacs. • * Dnnedin, 6th December, 1862.- - ''' '

; ■ :/_- ;:-A;v-■■>;■;;■■...-.: v-,,./.,:; Miles. Danediri to the West Taieri ...;.;^.. 2tf ' Wesir Taieri J to Cainpbeii thoiii- ' ; JSOn's ....;..;...... ...................... 20 - C, Thorasoa's to Upper Tuieri .;.... 25 ' Upper Taieri to Greig aud^Turn- ; bull's -.-...........;............;...... 5 Greig and Turnbuti's. to Miuisoa's;,; 6 Murison's to M'Phefson's .....;......! u it'PhersoQ's to Sheenan's ............ 12 Shcenan's to Danstaa Township ... 8 Dunstaii to Junction of Karwarau... 14 Karwarau Junction to Sardrona ... 18 Carilrpna to the Arrow Diggings... 14