CROMWELL.

Dunstan Times, Issue 711, 3 December 1875, Page 3

CROMWELL.

(FROM OUR OWN CORRESPONDENT.) The following important judgment was given in the Warden’s Court here on Friday last. Star of the Last Gold Mining Company v. T. Halliday.—This was a complaint that the defendant had trespassed upon the claim of the complainants, and committed damage to the extent of L3h Great interest was taken in the case, the Court being crowded. The evidence was very conflicting. but the. b•dance of testimony was in fa-or of tbe Star of the East. The Defendant relied upon the abandonment of the ground, owing to the complainants having failed to maintain their pegs. His Worship •aid that the defendant practically admitted having been guilty of a trespass, but relied upon being able to establish that the cround in question was a piece of spare ground between the Heart of Oak and the Star, and that it had been abandoned owing to the complainants having neglected to maintain their pegs. While on this subject he could not help referring to the contradictory nature of the evidence respecting the height of the pegs, one of the managers of the Star asserting that they were only from two to two and a half feet high, and the other as positively declaring they were over thr°e feet. It was in evidence the complainants had applied for a piece of ground, taking in the original Black Horse claim, anil that the application for a geld mining lea°e had been properly lodged, and therefore the ground so applied for was under protection. It was possible that Mr Halliday took the pegging off of this claim as a shifting of the original pegs ; but the Court could hardly hold that because a peg was out of the ground and could not be seen that such a circumstance necessarily implied an abandonment ; the Court could not rashly arrive at that conclusion, the more so when it was remembered that the Star had thirty men continuously at work.. The Court had every confidence in the evidence given by Mr Scott, the Manager for the Oak, and believed' that the centre line of pegs were down when Halliday and Scott measured their tunnel, both from underground and surface. Mr Catneron, the mining manager of the Star, had sworn that the pegs were in on the 7th, but independent testimony had been adduced on the part of the defendant, which gave an entirely different version ; but even if the pegs were out, (which he believed was tbe case), could this be construed into an abandonment, and would it not be straining the regulations too far. Doubtless the maintenance of pegs was most impmtant, and the Court would see the Regulations in that respect strictly enforced. It it could have been shown that the onmplainan s had include i their original claim in the application for the lease, then insufficient and improper pegging of that jvortion of the claim would have impressed the Court very unfavorably towards the Star. The evidence for the defence had gone a long way to prevent the Court from casting him in substantial damages, owing to the careless and improper way in which the complainants had kept their pegs. It was the duty, however, of the defendant to have gone to the manager and ascertained tbe exact position of the pegs. He regretted that the evidence'had been so conflicting and contradictory, as it was evident—tense a mild phrase—that some of the witnesses were troubled with a “defective memory.” Gross carelessness in maintaining the pegs had been shown to exist on the part of the Star, which was calculated to mislead the defendant. Under these circumstance he would only give nominal damages, Is and costs of Court only. The judgment gave general satisfaction. Some amusing applications for tunnels find their way into the hands of the Warden, as instanced on the last Court day. A party of miners applied for a tunnel 7 feet high, and eighty feet wide, which, however, was not gianted. Now I think the Warden was a little unkind, as there are numerous bricklayers and masons out of employment, and I have no doubt they would have been glad of a job. One can easily understand the Warden when he said the application was absurd. Masonry ind bricklaying are yet unknown in connection with tunnelling at the Bannockburn, and these experienced miners should be content with the ordinary tunnel of ten feet, but it may be that they were only perpetrating a “goke.” The laying of the pipes for the Water Works is being rapi ly pushed aheal by Mr Drummy, the contractor, but how they are to stand the vibration of the bridge remains to ho seen. Some months since the Engineer inspected the Cromwell structure, and it was then declared that immediate steps would be taken to place it in a thorough •tate of repair. The summer is again upon ns, hut there is no sign of the expiring Provincial Government seeing this nmet necessary work attended to. What say the advocates for Provincialism : It is surely time that something was done to improve tho dilapidated Cromwell Bridge, and let their last act ornament their political tomb.

A man named diaries Stewart was drowned at the Morven Dills Station, whilst attempting to cross the Sheopwash Creek

when in a state of flood, on Tuesday, the 23rd ult. Ho was a native of Kelvin Grove, near Glasgow, and had been out in the colonies about eight years. The deceased was an engineer, and lately engaged at Tokomairiro Constable Gallager was dispatched to the place, but alljattempts to discover the remains have been unsuccessful.