WARDEN'S COURT.

Thames Star, Volume XII, Issue 3869, 24 May 1881, Page 2

WARDEN'S COURT.

YESTERDAY.

(Before H. Kenrick, Esq., Warden.) B. T. DOUOALB AND OTHEBS T. D. E. o'sULMVAN.

This was an application to hare an order of the Court. awarding a piece of ground at Hape Creek to defendant, set aside on the ground of fraud. Mr Brassey for complainant, and Mr Miller for defendant,

Thos. Johns deposed—That he recollected two pieces of ground called the Fearnaught. He pegged out one piece of ground containing ten men's ground on the 6th September. At 12 o'clock the same day he pegged another containing six men's ground. He recollected a man named Moore coming down to him when he was at the Warden's Office and telling him that he had taken in a piece of the Major claim. The first time lie put in about nine pegs, and on the second occasion about seven. Moore did not assist him to put in any of the pegs on the second marking out. lie would also swear that none of the timber used came from Adams' yard. He did not not speak to the Adams' Bros, that day. Five of the pegs he got from his mate (Stone) he put into- the ground on the second marking out. He would again swear positirely that Moore did not assist him to re-peg the ground. He would swear the pegs were of the regulation size. The pegs produced were not his, although the marks on them were similar to those he had placed on his pegs. All his pegs were three inches and orer in

thickness. The reason k. j-j» a? any objection tX U ld T> *& O'Sullivan a fewwe e k ß »in a Hi* ** he did not want the cai m ° a 7^ cc*"c gave it to him. He assisted O'SuUivan to re-peg the claim. He left his oute (btone) to lockspit the pegs, but did not Know whether he carried out the work Witness heard that McQorroick and others had taken.up the ground and were working it. He would swear the pegs were not portions of an old tramway. U&tone gave corroborative evidence; TnJm". who was Presenfc when McCormick, Adams, and J. Agnew, gave evidence for the plaintiff. The defendant and Johns Rare evidence. The latter denied Moore's cvi. dence. Stone likewise deposed that the pegs used bad been of regulation size The Warden in giving judgment': said his sympathies were with complainants and he trusted the present anomalous state of thing would soon be twept away. He trusted that the law with regard to pegging out and registration would be amended. Although his sympathies were with complainants, lie must abide by the evidence, and give judgment thereon. His Worship then commented a apon ■, the evidence, and said he could not do otherwise than dismiss the application. If he was certain that others were 'interested with defendant (O'Sullivaan). he would certainly give heavy costs against defendant ; but be was not, and the eate would be dismissed without costs.