Page 3 Advertisements Column 2

Thames Star, Volume XII, Issue 3884, 10 June 1881, Page 3

[▲DVSBTISSMKJrr.] (To the Editor of the Evbt*l"<* Star.). SIR,— With reference to the late cases in tbe~ Warden's Court, viz —R. T. Douglas and others v. Daniel Ennis O'Sullivan (although, by the way, I did not know that be waa my former acquaintance Dan SulHv»n, or later on Daniel B*aj^o'Sulliv»n, T>ut T i'appose Barry means music "and Ennis means hossifer in Irish), I want fo show a few, facts to th* public; which, I-believe, as yet they are unaware of:—First: £n« °. atn sworn by Stone that he would get a share in the ground if he j WOnld Vflpp his irirtrtfh »hnf tn p^rh-rp n ;> own I mate Jo n<, which' he did ; and tliaL lu> was to receive a 'hare for opening his mouth | in tlie abore oaae* i which he did with a vengeance) and succeeded in robbing * lot of poor bird*working men out of their present livelihooa.end future prospects. Johns likewise swore that he was swearing fcr an interest, (and he swore, hard for it) ; for in the face of Moore's going to the Warden's Office and telling Johns that he waa sent by Johns' mate to put him right in-pegging out, because he hid pegged wrong in the moroing; »nd further, that he (Moore) was to get one pound for mch information and assistance ; yel.^ we find Johns shearing that Moore n» ver assisted him in any way but went to his work. Now, was the thing likely or feasible. A fter Moore wearing point blank that be aesii-ted Johre to re-peg, and that the pegs produced in Court, were the same with which the ropegging was done, and which were not the legal size in any .way,, being 2 x 2and '£ x 3, and only 2 feet long. Now, sir, Moore being an independent witness, I. think the Warden ought to have looked a.little .more int the circumstances surrounding the case, as the , two witnesses (Johns < and Stone) were both swearing for an interest, which Moore was not, directly nor indirectly, Besides* ; Moore swore to the marks on the prgs of truckwheelt; phicb, w*C corroborated by Adams to a great extent, as he swore that h- had been asked by MoortL for,ilhe pegs to peg out l.he irpund,.»nd,.flo qtVr scantHng b?ing on or about the claim, he believed the pegs produced were the same, on.account of truck marks on 'jAism^.^Yet,tbe\Ward'en did not stick to the pegging that Johns was sued oh—viz., six men's gr. und, or Johns *nd Moore's re-peg-ging at, 12 noon (but then you see, sir, Stone's mouth was closed by a full »hare, or he could ,haTe proved tbe s former, pegging, iriz., at. 6 30 a m., which" would have upset the c»*e o Sullivan v. Johns) —but goes back to Johns and Stone's pegging at 6 30 a.m., which he said was not disputed Byj'tts. '"Certainly not, as we thoughl tht< t! cV rawing of "five or sixL pegs, which wa- sworn to by Moore, and giving fresh notice of re-pegging out, surely was abandoning the first pegging, as the first was temrei.'s ground sild-the latter onlyeix men's ground, and which has the *ame boundary exactly. J«ut the Warden gave oni of bis #ec*/t>r judgments—that all the ground that Stone said.be,had pegged out should be come the'property of Sullivan, both what was contradicted by.evidence and wh*t was not. Although Stone swore .that six or seven days after" be* had pegged out; there Was not the vestige of a peg^or lock-spit to be seen on the ground. Now; Sjr, we wanted the Warden to come ori the claim and see for himself; but he would* not^ but nevertheless I think it was his ( boiiriderrduly-to do! se; especially as through inefficiency Or pw haps " you know, you know," of either' the Warden's Department or Mining Inspector's sanctum sanctorum, p^or men were'publicly robbed by sharp practised—well, gentlemen, and who were assisted in I heir endeavors by the very department - which refused their victims the'same privilege; viz.,'to search the Jumper's' Eoll, or notices of marking' out. N'W, sir, on the occasion alluded to, I did not want to jump; I wanted to secure men in their right, but was told by a' friend outside, " Ob, I do not think they wirl let you look them over now," and I found my friend was right, for the office that is usually J' resided over by the court" one and obliging r> Burgess, waa'on this occasion? not « aW'of thieves, but of supposed civil servantS/viz., a bobby, bailiff, Mining Inspector, and l»st, but not least, the acting "Mining Registrar, with two gentlemen thrown in. wbo were in the ante-room. Well, I asked the JL.R. to let me see the notices of pegging out, as they were the 'only guide we had, as registration was already proved to be a farce, but be answered "What name, and what claim do you want?" Now, sir, I did not want, for good reasons that I will state hereafter, to tell my business in front of so many civil and uncivil' servants, for, supposing I had said the one that civil servants so-and-so, or uncivil servants so-and fo««are interested in, was, or is there, anything to prevent this information there and then acquired from goiog.out the back door before I got out of the front one. For example, just a few day* before a friend of mine went to the Warden's Office, and want d to know if a certain name for a certain claim was amongst the notices of pegging out, but some law, or order, or something else, had prevent ed the official from letting bim search for himself, although I have known the rogues' bundle to have been in the ante-rooms, and therefore out oi the office and their possession, for—Well, s >me considerable time ; so, 1 to his great surprise, the notice of pegging out wns nob there, but was there next day, and not ' only that, but the very parties most interested were there before him next -day, and had lodged a plaint' for non-working. Now, sir, the above needs no.oomment. It might have been an oversight; but you will admit it was •"strange coincidence. Now, sir, seeing the way that I was refused—nay, intuited—bj an unoivil oivil servant to see the notices of pegging out, and knowing how my friend h\d been served before, I made it my bunness to see the Warden on the matter, when he very courteously' informed me it- was very annoying,-- and that Mr Allom hud made a mistake (although in rry pre-eence'Mv."-Allom. asked ■ Mr McLaren il it v»a?L settled jet whether those notices cf Mg^ing cut" thosiUtrbe a«en or not by the public, and the answer was " No|'); but the Watden*»id, :'lr r alright twji* we have decida4U»t you ©an 'see there,!* for, as t c! lastly remarked, what pther means ha a man of finding out if be is taking-up a piece of ground-th«t~ha« been occupied, and is still occupied by some of the profession siruo 1873, as there w no^entry in the book*, and registratfep being, ruled Ino title. Now, sir, what a pity his honesty did not rise to prompt his discretionary powers on the first appearance ot such a bare-faced—well, ease. But then he had given two blundering decisions in two similar caaav before, Hit , Waibi and Pinafore, the latter against the famous Dan, and neither eass4'-b«vinjg' apftaaled against such decisions, be concluded, I suppose, that ift Jwelwroßgtftroald not make a right three would. So he told us that the reason he did not use that diajSfetionary power (which, in many instances, as well as the above, he has abused by not using) was to save, u« frojn the terrors and expenses of a Supreme Court case, knowing ibjlywe were poor ftan^nd that the Supreme"CowVt would' ratify,,, ni* decHon Now, how did be know, in the first place, wb^ber we'wwrenot backed up, like our opponent!, by.ißileence, both in purse and person P and/aeMtwllf^'it nad-goae' to the Bupreuie Obur%, wtttMer'tl*> Court would have upheld his decision ? Bit his 1 bumming up was the best of ait; in my opinion, it was adding inrfftW£rijtjry, «V, in-other words, rubbing it in. He eeid w» badibi* entire sympathy, and that so s)oobt sharp practise was used against us wbien we took with a certain amount of eeiti«M:-^e*e^Wbi dismissed ihe ease, and we lost onr all. But one t hiog we are certain >wf/inVW«kfcwy' will not keep* our wives and HfelHtee wUrteg 1 the winter,'' when his diserefionrrv wew*r = would hare done so.—l toq,----4^ * r WpUAX 8. McOOBXICK. Hill Street, Shortland, June 4tb, 1881.