WARDEN'S COURT

Western Star, Issue 1541, 4 March 1891, Page 2

WARDEN'S COURT

Tuesday, 3rd Marcli. (Before Mr Warden Rawaon).

KONG ?UN AND PARTY V. LEE AND OTHERS.

The hearing of the application of Georgo Lee, Henry P. Young and Thomas Hudson for sluicing claim at Round Bill, situate at the lower end of applicants' tail race and Evaus' tail td.99, and which is objected to hy Kong Fan, Kong Chong, Sue One and Chung Ling on the ground of encroachment was resumed vesterday morning. Mr Brodriok instructed by Mr 0. A. Port again appeared for applicants and Mr Turton (Queeostown) for objectors. The first witness called was

H. Tresoder, authorised surveyor, who deposed he surveyed the ground in dispute since last Ceurt day. In the course of a lengthy examination he stated that the area within the Chinamen's pegs was 99,200 ft or just over nine men's ground. The area marked green on Mr Sharp's plan stated by the Europeans as the island claim wa3 nearer the original island claim than the area mirked piuk, described bv the Chinese as the claim. Mr Turton said he was free to admit the objectors had too much ground. That was quite true, but that fact did not give the applicants a right to peg off tho ground. The right of occupation is to be respected and if the auplicants were to g;-t ground as marked o £f by them, the effect would be that his clients would be ruined. The applicants were simply jumpers who sot on a rail and watohed the Chinamen bring up the deep faco and then steppe i in. It would be most uniust and most inequitable if they were allowed to take what portion of the ground thev wore pleased to mark. Counsel contended over and above that the applicants had not taken the right procedure; they should have applied for forfeiture of ground held in excess by objectors. Mr Brodriok submitted that the procedure was in order as applicants did not admit hayin<* pegged out ground in tho Chinamen a claim He asked that his witnesses be heard, and it would be shown conclusively that the Chinamen had not the slightest tifclo to the ground. The Warden said it would appear tint the Chinee occupied ground by the pegs before the Europeans. It was admitted thoy held a good deal moro ground than they were entitled to. and the question seemed a simple one. What portion of the claim was tae ground in excess to be taken from ? Tho correct course would seem to be to take it from the corner pegs. A long argument ensued on tho question as to whether it would be necessary to proceed further with the hearing of evidence. Mr Brodriok contended that objectors oould nor, chim to hold the ground under miners rehts, and quotod in support of this view. Counsel stated that his witnesses would prove that the Chinamen's pegs, m at present shown, were not in the same position ai those that originally marked the special claim. He claimed that after his case was heard tho objection could not be sustained. Mr Turton said his learned fnsnd seemed to think that the Court had no discretion in the matter. It bad tho discretion to do iustico and could refuse the application. The Warden considered no good purpose could be served by prolonging the case. Applionnts witnesses might say things quite different to objectors, and th«y would be in much tho same position as they were. Ho wished to save time and expense, but as Mr Brodriok insisted on going on ho would hear tho apolicants case. Mr Turton then called Kong Pun, one of the objectors, who through Wong Chang, interpreter, deposed ho bought out Won? Jack's interost in claim for £lO 10s 61. Witness wont with Wong Jack and had peg 3 pointed out. On Saturdaylastwitness pointed out the position of Wong Jack's pegs to Mr Tresoder. Witness after buying out Wong Jack, removed the pegs and marked out a frosh claim ; Wong Jack's pegs, round ones, wero thrown away. Witness got a certificate for the fresh claim, and tho pegs a 3 put in at the time have been maintained ever since; there is grass growing round the pegs, fxoorge Lee knew witness' claim, and was often tbor». He (Lee) served notice on witness to show his pegs on Tuesday. The witness was fully examined as to the extent of his rights and his connection with tho island claim. George Reynolds gavo oviclcnco to the effect that the result of the granting of tho application would be to render the ground of tho Chinese useless.

Robert Dykes and Anthony Thompson wero also examined, and gave ovidencs on behalf of objectors. Mr B-odrick said he would mfc delay the Court with any opening remarks, but would cnll his first witness,

Joseph Thurgood who pointed out on map the position of Vie origiual pegs. The pegs marking the ground now are in totally different places and must have been shifted recently, Edward Tbornhill and J. H. Chestor gave similar evidence.

Thomas Goldie stated that in responso to a reqiTst Kong Pun showed him his pegs in February. After seeing the po.?s ho withdrew his application for oliim. Thomas Hudson, ono of the applicants, was cross-examined at length in regard to transactions in connection with the is'and claim. Witness denied having spoken to anvone connected with the Hound Hill Sludge Company, wishing the company to purchase the claim they were applying for. He inkhfc have offered to sell tho claim for £150.' George Lee deposed the claim he marked out did not take in any part of the island claim. Witness saw no pegs when marking out the claim. Tho witness was still under exauruation when tho Court adjourned at 5 p.m. till 10 o'clock today.