RESIDENT MAGISTRATE’S COURT.

Evening Star, Volume IX, Issue 2632, 25 July 1871, Page 2

RESIDENT MAGISTRATE’S COURT.

This Day. (Before A. 0. Strode, J. Fulton, and I. N. Watt, Esqa., Resident Magistrates.) THE ANDEBSON’S BAY ROAD. Holmes v. J. Macandrew (Superintendent) and others. Mr Macassy for the prosecution, Mr Haggitt for the Superintendent, Mr Barton for Messrs Bradshaw (Treasurer) Mr Gutteu, and Mr Bathgate (Provincial Solicitor.) Alex. Cairns, called by Mr Maoassey, said he had had conversations with his Honor the Superintendent and Mr Bathgate. They were only of a general nature, and related to the progress of the work. His Honor asked “how a.e you getting on with those works you were ordered to go on with,” or words to that effect. In reply, he said “ They are progressing favorably.” He also had a convetsation with Mr Bathgate, he thought after he became a member of the Executive. It was quite of a trivial kind—so trifling that he could not distinctly remember it. Mr Reid was at the head of his department. The work was being done by prison labor. '! he prisoners were under the supervision of Sergeant Outrain, principally on the VauxUaU side, and Sergeant Flanneiy

on the opposite side. Cross-examine'? by Mr Haggitt:—The nature of the work was to connect two points of land by a cart road, in order to make a near access to Vauxliall side. • There was also to be a wharf for the purpose of unloail’ng cargo and loading bricks and stone from a quarry disclosed by the works in progress. The powder magazine was in the immediate neighborhood, and the wharf was intended to be used for discharging powder for its being taken to the magazine, and for reshipping or ca -ting it away, so as to avoid coming near the town. The Gas Works were also in the neighborhood, and it had been talked of making the wharf a landing place for coal, to be used in gas making The water on that side of the Harbor, as far as Grassy Point, was deeper and freer from mud at all times than on the Duncdic side. He originally received his instructions verbally from Mr Duncan, in his then capacity of Provincial Treasurer. The land on the Vauxhall side, from which the road or wharf commences, belonged to Provincial Government to the extent of about 13 acres, and was reserved. There was a rock of valuable building stone on that reserve. Without the road and wharf it would not be so valuable to the town and for general nse. In re-examination by Mr Macassey, the witness said the primary work was to connect the two headlands across the inlet of water at Anderson’s Bay. The length was to be 19 chains by 16 feet wide. It was to be built of rock and debris obtained from both sides of the Bay. The quantity of earth-work might be 10,000 yards, or it might be 20,000; it depended upon tests in course of being taken. It was contemplated to leave one opening for the passage of boats and small craft into the Bay. The opening would be about 60 feet wide. At high water to the bridge there would be a space of from three to four feet to the floor of the bridge, if carried out as contemplated. He contemplated making a wharf at each end of the road on the west side. He had formed the plan himself from the first idea of the work. Without the road the mcessity for wharves would not have arisen. The intention was to provide an easy means of loading aud unloading small craft which there was not at present. The distance to the gas works for the transport of coal would be reduced one-balf, and in addition to -that advantage the road would facilitate access to the town by inhabitants residing in the Peninsula. From the Peacock Hotel, at the south end of Princes street, to the foot of the new road the distance was 1 mile 900 yards. The land opposite the Vauxhall side of the road would skirt land belonging to Mr Gotten. James Caldwell, governor of the gaol (examined by Mr Macassey), held his appointment under the Provincial Government. He acted under instructions from his Honor the Superintendent He received instructions to proceed with the work at Anderson’s Bay under date 17th March, 1870, and he had also received orders from the Superintendent under date 15th April, directing him to go on with the Peninsula beach road as soon as prisoners could bo spared. He had also further instructions under date 20th May, directing him to suspend operations in Anderson’s |Bay, and employ the prisoners on that part of the road near Mr Outten’s property until the decision of the Court was known. On the 13th July he received orders to draft off 20 men from the new market road, and to place them under the direction of Mr Cairns at the Pi ninsula beach road. They were sent on the 14th.

John Outram, sergeant, and overseer of the gao', took 22 prisoners to the Vauxhall side of Anderson’s Bay on the 14th July. They were employed in laying down rails for the construction of a road. About two chains had been constructed prior to the 14th inst. At the point where the road had now reached the depth of water was generally about a foot at low water and at high water about six feet.

Cross-examined by Mr Haggitt: He was subpeeaned as a witness against Mr Caldwell and Mr Cairns, in proceedings instituted in the Supreme Court, connected with those roads, and the case was not called.

William Thompson, Harbor Master of Otago, examined by Mr Macassey, bad resided in Otago sixteen years, and had been twelve years Harbor Master. He had given attention during that time to the condition of the harbor, and he could not say that there had been any perceptible changes in the condition of the lower harbor, owing to reclamation works in the upper harbor. There has been a shifting of sand banks from on? place to anoth r. One effect of reclamation was to shut out a great quantity of water that it formerly contained, but the depth of water in the channels was not affected. As a mend er of a commission to enquire into the operation of reclamation works, he knew the opinion qf scientific men on the subject. He had alsp reported respecting the possible effect of constructing a road across the Hay from Dunedin Police barracks to Vauxhall, but it had no reference to Anderson’s Bay road, of which he knew nothing at the time. The effect of such works os were proceeeding at Anderson’s Bay, depended entirely on the manner in which they were done. It was true that there would bo a small quantity less water in the harbor, but from what was proposed, he thought in all probability there would l|e a scour which would deepen the water, so as to more than compensate for any trifling obstruction. This effect had taken place on the other side of the basin at Rattray street jetty. Cross-examined by Mr Haggitt:— Two roads hud been constructed across Pclichct Bay within twelve months. The distance would be about the same as across Anderson’s Bay. He had noticed no other dangers in the harbor than the shifting of the banks—a circumstance that occurred previously to their construction. John M‘Gregor, Civil Engineer, examined by Mr Macassey : He had been seven years a resident in Dunedin, and had for the last four years closely watched the appearance of the harbor, but not with reference to works under construction. The result of works of reclamation in a tidal estuary in the upper portion hail a tendency to injure tho lower reaches of a harbor, especially when there was a bar. He looked upon the Dunedin harbor as a tidal reservoir, and any reclamation that would exclude the tidal capacity would exclude so mu<;h watar from it as a reservoir. During a heavy flood tide a certain quantity of water came in over the bar, and of course the same quantity would go out during ebb, which would preserve depth of water on the bar. fie had studied the works of Sweetman, Stevenson, Rendall, Kcnnio, Scott Kussell, and Calvert, who all agreed that works of reclamation in estuaries would bo injurious. The embankment at Anderson’s Bay was 18 feet wide, and 4 feet above high water line, with slopes on each side of 1 to 1. From the top of the road to the bottom of the era-

bankment, he judged to be 22 feet. The width at the bottom would be nearly a chain. He thought the road would have an injurious effect, but only very trifling, taking into consideration the area reclaimed in proportion to the area of the harbor ; but it was only a question of degree. The principle was wrong. To form the road would require 1,000,000 cubic feet of stuff below high water, which would exclude the same quantity of water. The effect of an opening of 50 or 60 feet would be that a scour would bo created to a limited extent, which would not extend far. The ind nt enclosed would be liable to silt up. He thought the forma* tiou of the road would have a tendency to till up Anderson’s Bay. With the proposed opening, the bay would be accessible to boats.

Cross-examined by Mr Haggitt: He held no diploma as Civil Engineer from any associated body. He had practised as an architect. He did not remember the first work in which he practised as a civil engineer, before he came to Dunedin he had never practised in that capacity on his own account lie tried the depth of water but had not tried the depth of mud. The water was 1 -foot 6 inches at low tide, and at high water 7 feet 6 inches ; he had not tried the depth of mud, but he heard a gentleman say that he could drive a rod down 30 feet. He did not base his opinion on that evidence but had not tested the depth. It was impossible for any man to _ say how deep the earth works would sink until the road was formed. He thought the weight of the stuff thrown in would sink to 11 feet 6 inches. His esti* mate of the width at the bottom was based upon calculation. 1,000, 000 cubic feet might not sink more than 10 feet, and it would diminish the capacity of the harbor, because it would raise the level of the mud. He had seen the mud. raised on each side of the present embankment. The bottom was so t mud. With a north wind the waves would have an effect on it on this side of the road, but not within the Bay. The mud might be used to construct tbe embankment. It was possible to fill up to the level of low water mark without affecting the scour. He was aware that the water was deeper where the road was now being formed than at Rattray street jetty. He thought the difference of time between high water at the Heads and at Dunedin, was about an hour or an hour and a quarter. It was an element, but not an important one in the consideration < f the effect of reclamation works. He did not know the depth of water on the opposite side of the bay, he thought the set of the current was in that direction, but he was not aware of any current between Uanedin jetty .and Anderson’s Bay. On the last occasion, the authorities he referred to were Leslie, Cubitt, Walker, Jessop, Richardson, and Stevenson—he had read that list since and also before.

John Millar, C.E., examined by Mr Macassey, had practised upwards of 30 years, and had been eight years in Dunedin. He had iuv. riably advised the authorities to be careful of reclamation in Dunedin harbor, lest they might affect the water at the Heads. He had nob noticed the works, or progress at Anderson’s Bay. He did not think the question fair of the effect of such an opening as was proposed at Anderson’s Hay, without being professionally employed, because in giving a specific. opinion borings and measurements would be required, which alone would enable him to anise at a correct conclusion. If no sufficient opening were left, the construction of the road would be injurious to the surrounding property. If the opening were not sufficiently wide, it would be injurious in degree. He would not commit himself to a positive opinion on the effect of an opening of a specific width without knowing the area of the Bay, the rise and fall of tides, and so on.

Cross-examined by Mr Haggitt: If the openings of the works in course of construction were sufficient, he did not see any serious objection to them on the score of their affecting the Bay, Adjourned to ten o'clock on Thursday,