9

C—3

After McDonald purchased the land I had a conversation with him ; he stated the reason he was anxious to purchase the land was that Mr. Bastings had previously told him that the purchase of the land would improve the value of the property by £200; and prior to the purchase of the freehold by McDonald, Bastings had made an offer for the property, and the price was to be increased by £200, if McDonald could succeed in obtaining a freehold of the 50 acres. I understand from McDonald that his sale to Bastings was not concluded until after he had obtained tho freehold of the land. I should never have imagined that au application to purchase the 50 acres would have been successful. I understood from McDonald that Bastings was desirous to have the freehold from McDonald if he (Bastings) purchased. Mr. Bastings was possessed of a water race, which he acquired through De Carle, before McDonald purchased the land, and such race was through the 50 acres ; and such water race also worked a wheel used for pumping and drawing trucks in a claim adjoining the 50 acres. George Skeene. William Wilson, Miner, residing at Switzers, examined. I know the 50 acres in question and the Break'em All Claim, in which I worked; that was in March, 1871. I have, during my working tho claim, tribute received from £2 to £10 per week, and the last dividend I received was £1. The claim was neglected and I ceased working. I believed there was a lead of gold from that claim through the 50 acres, and I also believe the ground would pay in ordinary claims. The claim was paying £4 a week to Simson, as agent for Bastings, for water, at the time the Break'em All Claim was sold by order of the Warden's Court; it was purchased by Simson, aud commonly reported on the joint account of Simson and Bastings. I was working in the 50 acres four months ago ; there was good gold in the wash ; there was a lead running the way I always thought it did, going with the hill and across the paddock towards Murphy's Hill. his William x AVilson, Witness—R. Shaw. mark. James H. AVilkie, Miner, residing at Winding Creek, examined. I know the 50 acres, the subject of this inquiry. I also know the Break'em All Claim; there were two-thirds of the original Break'em All Claim in the 50 acres. I believe it was three or four acres. The best prospects which have been obtained in the Break'em All Claim is in the 50 acres, and the best gold at that place is obtained out of the claim known as the One Acre Claim, adjoining the Break'em All Claim. At the time McDonald purchased the land I cannot say if any claims were working there. At the time McDonald bought the 50 acres, there were no workings going on on the 50 acres. I offered to purchase some ground there from Mr. Bailey-, with a view of working it. Ido not remember Mr. Simson offering the claim to me. The water rights held by Simson were necessary for working the ground. At the time McDonald bought it, I considered the 50 acres auriferous and good ground then, although Simson and party had not been successful. Mr. Simson has told me that he has got since the purchase of tho land between 20 to 60 ounces a week since he first struck the gold. I have seen at Simson's claim as many as eighteen men, and as few as two working. I had conversations with Simson regarding the land. McDonald took possession of the property in December, 1870. There was good gold got on the one acre prior to his taking possession of it. Several claims were protected there at that time. There was no active working at the time McDonald was there. James H. AVilkie. John Hurley, Miner, residing at Switzers, Winding Creek, examined. I know the 50 acres at Winding Creek, the subject of this inquiry. I saw a notification in the TTitness newspaper that Allan McDonald applied for 50 acres in the Hurdon District. I cut it out of the paper and took it to Mr. Acton. I asked him it' he would like to see it; he said, Yes. He saw the application, and kept it. I knew at the time that McDonald was applying for the land. The paper said, "This land would be granted if Acton's signature could be obtained." Acton told me he would not give his consent. I said to him it was a bit of a swindle. I went to Braithwaite and asked him if he knew anything about it. On the same day that I saw the application 1 saw Mr. AVood. He said, Bastings had the deeds of tho land. I said to Mr. AVood, "Is this correct about McDonald getting this land, the 50 acres?" He said he had seen the transfer of 50 acres in Mr. Bastings' iron chest; he also told me that he knew nothing about the sale of the land whatever, until he heard it from Mr. Bastings. Ido not remember having a conversation with McDonald on the subject of tho 50 acres. I cannot say if the land in the 50 acres is auriferous; but I know it was reported that Simson was getting good gold. John Hurley. Christopher Rea, Miner, residing at Switzers, examined. I hold a miner's right [Certificate of miner's residence area produced] and a residence area on the 50 acres. It has been sold to Mr. Bastings, and included in the 50 acres. I have had no communication with Mr. Bastings on the subject. lam aware that I can be removed by him if he liked. I heard nothing about the sale of the land until it was purchased. If I had done so I should have objected. I value my improvements on my residence area at £85 without the crop. Christopher Rea. Dugald Matheson, Butcher, residing at Switzers, the holder of a miner's right, examined. lam at present the holder of a residence area on the 50 acres sold to Mr. Bastings. I never fenced the area in, but the acre is now in the 50 acres fenced by Simson. A few days after I bought the residence area, I heard it was sold. The cost of it was £36. That was the amount I gave for it.