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146. Is David Andrew, junior, correct if he says that his father had no sheep on it ?—He is not correct. 147. You know a bit about this place ?—Yes. 148. You lived there in former years? —Yes, for many years. 149. The first mode of haulage from the mine was by means of an aerial tramway ?—Yes. 150. That connected with the railway, did it not ?—Yes, at the Chain Hills Tunnel. 151. It cost a good deal of money? —Yes, a large sum. It was a very costly work. 152. Then you started to make a railway. Who provided the money?— The company. The Andrews were asked to contribute, but they did not, they gave their land. 153. Would you have made the railway if you had not got the land for nothing ? —I think not. It required £5,000 more outlay for the railway. I think if there had been any proposition to buy the land it would have turned the scale against the construction of the railway altogether. 154. When did you leave Dunedin, Mr. Howorth ?—About seven years ago. 155. Up to that time had you heard of any claim for the land by the Andrews ?—No. I am quite surprised to hear that there has been a claim set up. I made the arrangements for the land. We had to satisfy the mortgagees that the land was our own. I believe there were letters or something of the kind from the Andrews, stating that there was no claim. 156. Did you see old Mr. Andrew on the subject?— Yes, often. 157. Who was his solicitor ?—I can hardly tell you at this time. 158. The land was mortgaged, was it not ?—Yes. 160. So far as you know, was there ever a claim made by the Andrews for the land on which the railway was constructed ? —Never. 161. The water-race was taken through that land ?—Yes. 162. Do you remember the Compensation Court sitting to determine David Andrew's claim ? How much money was awarded to him ?—I remember the Court sitting, but I cannot say at this moment how much the award was. 163. About £1,200? —I cannot say. It might have been. . 164. The whole of the land of David Andrew was leased to Alves ?—Yes. 165. Would the coal have been of any value without the railway ?—No. But for the railway it would have been abandoned. 166. The railway worked the coal-mine ?—Yes. 167. There was a dead-rent to Andrew?— Yes. Ido not know of how much. Andrew, senior, always received it. 168. He treated it as his own land?— Yes ; he often told me it was his when conversing about Lonney's trouble. 169. The promoters got nothing out of it ?—No. 170. It was a great loss ? —Yes. 171. How many thousands were lost?— About £10,000, besides the railway. 171 a. Mr. Macgregor.] You were one of the promoters?— Yes. 172. The two Andrews and the other proprietors gave their land for nothing?—No; with the exception of the Andrews, the proprietors of the land were paid. 173. Who was acting for Andrew at this time; had he a solicitor ?—I do not remember. 174. You do not remember that Sir Bobert Stout acted for him ?—No. 175. Andrew says that Sir Bobert Stout acted for him, and, acting on his advice, he declined to complete the agreement ?—lt is a long time to remember; I could not say. 176. You cannot remember; then, if Andrew swears distinctly that the agreement was prepared by you, and that Sir Bobert Stout advised him not to complete it, you could not contradict him ?— It would confirm my opinion that the land was to be given for nothing, and, speaking from recollection, whatever document was required was completed. 177. Will you contradict Andrew's statement ?—I do not think it is true. 178. He is a respectable settler ?—Yes. 179. If his opinion and yours conflicted on that point, do you not think that he is right and not you?—No ; I had to satisfy the mortgagees that the land was clear from cost. 180. Do you mean to say that the land was your property ?—There is a Proclamation by the Governor. 181. Will you be surprised to find that the land still stands in the register in the name of David Andrew ?—I cannot say whether the Proclamation has ever been registered. 182. You know that a petition was presented to the House in 1891, by James Gray, in connection with this railway ? —Yes, I have heard of it slightly. 183. Would you be surprised to find that this is one of the clauses in this petition : " That the said company, to enable them to construct said branch railway, entered into an agreement with Messrs. Brown, Freeman, Sampson, D. Andrew, and J. Andrew, the owners of the freehold, for the purchase of the land required, and paid them about the sum of £850 for the same " ? —I think he is wrong. 184. It paid you to get the railway made ?—No. 185. You had a big bill of costs ?—That is quite another matter. 186. Is it correct, as Mr. Andrew has stated, that he applied to you on several occasions for payment of his claim, and that you always put him off?— That is not correct. 187. Your memory may be at fault?— No. 188. Is Mr. Andrew telling an untruth when he says that he called on you and you put him off ?—I think so. He never had a claim. 189. He says that you put him off? —I never put him off. He gave the land for nothing. 190. You say that the land was not his at all, that it was his father's land ?—Yes, I say that. 191. You were his father's solicitor at the time of Lonney's trouble ?—Mr. Barton, my partner, acted in Lonney's matter, in which he was interested.

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