THE LUCKY HIT CASE.

Westport Times, Volume IV, Issue 679, 2 July 1870, Page 2

THE LUCKY HIT CASE.

(Abridged from Thames Advertiser

June 6.)

A large meeting of miners was held at the American Theatre, Shortland, on Saturday evening, to consider the Warden's decision in the case of Campbell v. Macfarlane. Mr Sutherland (chairman) said that the entire community viewed with alarm the judgment given that morning by Mr Warden Davy, as it entirely invalidated the power of a miner's right—a document on which all miners looked as a strong defence. The ob ject of the meeting was to support those men in their just claims in another and higher Court than that in which the case had that day been decided. '

Mr W. S. Greenville moved the first resolution, as follows : —" That this meeting views with alarm the decision as given by Mr Warden Davy in Campbell v. Macfarlane (Lucky Hit Claim), inasmuch as it lias, and tends to deprive the miner of his just rights ; as also establishing a new precedent altogether contrary to the customary system of marking out claims on this field.

This was carried at once, and Mr John Brown proposed the following resolution : —" That we, the Thames miners, are convinced of the injustice of the late decision of Warden Davy, in the Lucky Hit case, and we hereby pledgo ourselves to support the plaintiffs in any action they may take to defend their rights. Mr M'Leod was received with cheers. He supported the resolution

and believed that law was on their side.

Captain Newby, No. 3 H.R.V., asked permission to address the meeting, which was granted by the chairman. He said, " Diggers, we want no more words; we want fighting. If you all come forward and enrol yourselves as Volunteers, we'll d n soon have Ohinemuri opened." (Cries of disapprobation, and " Put him out.") The resolution was then put to the meeting, and carried unanimously.

Mr Henderson looked at the decision as a glaring injustice, and would propose —" That a petition be duly drawn to his Honor the Superintendent, to be signed by the miners and others, setting forth the peculiar judgment iri this case, and requesting that his Honor, in consequence thereof, do refuse to grant a lease applied for by Thomas Macfarlane, and which comprises ground known as the Third of May, lately Lucky Hit." Mr Hawkes said that in "Westlaud, where the laws were far better than here, they had to start a Mining League for their own protection, and he would like to see the same thing started here. The mining interests of New Zealand would muster about 40,000 men, and if these were all to combine they could bring a pressure to bear on the Government; but small parties could do very little. With reference to the Lucky Hit case he believed the decision to be morally wrong, but legally right. In equity, Campbell and Macandrew were justly entitled to the ground they took up. Mr Grey, Mr Nixon, and Mr Campbell, addressed the meeting, and the resolution was carried.

Mr Macandrew proposed, " That this meeting pass a vote of censure on Mr Davy for his decision in the case of the Third of May." In the course of iVI r Macandrew's address it transpired that he had given a retaining fee to one of the lawyers, Mr Macdonald, but that gentleman, on second thoughts, declined to act for them. He left the meeting to judge of the motives by which he was actuated. Captain Newby attempted to contradict the statement, but was answered with hisses, and calls of " Put him out,'-' on which Captain Newby defied the whole meeting, and told them all to come to his office on Monday, and he would fight them consecutively.— (Laughter.) "When the confusion was abated by Captain Newby leaving the stage, Mr Macandrew's motion was put to the meeting, and carried with cheers. Mr Brown then announced that a monster meeting would be held on Monday evening. Three groans were then given for Mr Davy, and a vote of thanks to Captain Butt for the use of the theatre, and to the Chairman, and the meeting terminated.