This Day.

Thames Star, Volume XVII, Issue 5183, 27 August 1885, Page 2

This Day.

W. S. Greenville, sworn, stated—He was a miner residing on Block 27; and bad lived on the allotment now occupied by him uince January 1868 ; hut he pegged it out in November, 1867; there were then a good many allotments pegged out, several of which were in the vicinity of the one pegged out by him When pegging out, he pat in four pegs by virtue of his miner's right, and then applied at the Warden's office for the necessary forms of application, which he obtained and posted —one on the .ground,? and the other at the Warden's Office, in compliance with instructions given by Mr Baillie, Warden. At the expiration of 14 days he applied to Mr Baillie for his certificate, who informed him that the forms had not,come from Government, but being on the goldfield, he was all right so long as he was in possession. On one occasion subsequently he had been informed by Mr Baillie that his title was quite good. This was after he had built I his house. The surveyors came to lay off the present Earaka road. They left word he was to shift big house, as they wanted to put a road through it, whereupon he applied to Mr Baillie, who replied—"You are on the goldfields ; tell the surveyors to go to h ■ -." • Defiod the surveyors, and refused to remove his house, telling them he had the authority of the Warden. Believe that Mr Mackay afterwards instructed the surveyors to go round his house in making the road, thus causing the bend now in the road. Was mining on Block 27 in January, 1868, and had then a shaft down 105 ft. Pegged the claim out—the Prince of Wales—under his miner's right. There was no objection made by the Warden or any other official. Mining was going on on other parts of the Block at that time, and witness never heard of either the Warden or the natives ever interfering with the industry. Had occasion to go over the B"lock twice a day at that time; it was then covered with scrub, but did not see any survey line cat. There was certainly no line at Augustus street. The only boundary he knew of the diggers' camp was Kolleston street. To Mr -Cotter: Did not remember at any time seeing placards posted showing the township boundary. Pegged out a residence site as nearly as he could recollect 33ft. by 66ft. He was told by Mr Baillie that he could peg out a resisite and build above Kolleston street. Never saw any posts to indicate the diggers camp. Early in 1868 he was in formed by Mr Mackay that he could not get his residence site; because the land on which he was had been formed into a township. He had nothing in writing, but simply acted upon t'-.e Warden's word. Did not know that all he had done was at his own risk until his.residence site was granted. Did not make any complaint until after he got his lease, which was dated 27th January, 1872. Up to the time he heard that his residence site license would not be granted,. there were about 20 residences pegged out, but he did not remember any of the names of any who were now living. Would not say that the whole of the 200 petitioners were not living there at the time, but would not swear that they were.

To Mr Lush: Within the last ten years frequent representations had been made to Government for redress.

D. O'Sullivan, miner, residing id Block 27, deposed—He arrived here in September, 1867,- and camped on the beach for about ten months, afterwards pitched a tent on the north west side of Noke JNoke creek. About February, 1868, went to the Warden's Court to obtain the necessary information to secure the right to a digger's residence site under the Goldfields Act; saw Messrs Mackay and Baillie there, and asked the former what steps he should take to acquire the title, who told him to peg out a section on the digger's camp. He gave witness the necessary instructions, with which he complied. Saw Mr Mackay some days afterwards, who told him that Government had not forwarded the printed forms, but as soon as they did so, he could have the site. Saw Mr Mackay on more than one occasion, bmt he never told witness that he should be building at his own risk. Informed Mr Mackay where he.intended to build, at the time he made the applcation. Mining was carried on there about this time, but he was working in another part of the goldfield. The titles to the claims worked byhim were acquired in exactly the same way as those mentioned by Mr Grenvillp. Lived on the. sections (419 and 420) for about 12 years. In the early days there were finger boards placed along what is now known as Bolleston street, with an under finger, and the "diggers camp " painted thereon, pointing towards.it. Saw no boards pointing out the boundary, and he passed over the Block three or four times a day.

To Mr Murdoch: Was not aware that the goldfields regulations regarding residence sites were not in force when he made his application. ~ .. To Mr Cotter: He had no interest in sections 419 and 420, as he had sold them. Resided on section 45 of the Block, for which he was paying an annual rental of £25. Purchased it from a man named Gribble some four or five years ago. He was never informed tnat anyone going on to the digger's camp must erect only temporary accommodation. Was never told that his and other applications would have to stand over until they could be inquired into.

Thomas E. Shaw, sworn, stated : He arrived on the goldfied in 1867. Acting on verbal instructions, he pegged out a site on the Block. Applied at the Government oflioe, and received three forms. Was told to post one outside the building, one on the allotment, and the other with the Clerk of the Court. Took

possession of the.site, and held it for seven years. Mining was going on on the Block, and never heard any objection to it. In Eolleston street there were several notices marked "digger's camp"; there was also one up the Hape Creek.

To Mr Cotter : Believe it was the notice boards that directed him to the digger's camp. He was not one of the petitioners.

James Thompson deposed—He arrived on the gold field towards the end of 1867. He resided near the sawmill, but three or four months later he pegged oat on Block 27 ander his miner's right, being told that if he pegged cut beyond a line now known as Eolleston street he would be protected by reason of his miners right. Pegged out not far from Tommy's Lane, and lived there some four or five months.

To Mr Cotter: Did not get his certificate, and after applying at the Warden's Office for it two or three times, he gave it up. Thos. Whitehead deposed—He held a miner's right in 1868. Was living in a tent on the flat at Shortland about September, 1868, but was told by a policeman to remove it and go to the diggers' camp. Took up a residence site on Block 27 within 200 yards of Tommy's Lane. Gave the usual notices at the Warden's Office, and no objections were raised. Never heard that locality called a township at that time. There were notices posted up in Eolleston street referring to the diggers' camp. . These were all he saw.

To Mr Cotter: Applied two or three times at the Warden's Offico for his certificate, but was told that they had not arrived. He did not get it, and did not see Mr Mackay about it. Gave up the allotment, and did not trouble any more about it. Before pegging out his allotment he was directed to the rise of the hill, and was told that all on the other side of Eolleston street was the diggers' camp. Nothing was said to him by the constable about not erecting permanent residence sites.

John Ellis stated that he came to the Thames about October, 1867, and first lived on the flat, but was told to move to the camping ground. Was there for about two months, and then applied at the Warden's office in the usual way for his certificate, but he was told they could not give it to him then. The officials of the Warden's office never interfered with his holding the site, which he built upon. F. J. Burgesi, Mining Registrar, recognised several documents produced as records of the Warden's Office. George Smith deposed that he came to the Thames a few weeks after it was opened, and pegged out a residence site up the Karaka, on what he believed to be the diggers' camp, and did not recollect being interfered with by the officials of the Warden's Office. Had lived there ever since, and never saw any notices posted up stating that it was a township; never heard of such notices until to-day. Jas. McCormick, sworn, stated—He was a miner residing on Block 27. To* wards the end of 1867 he pegged out an allotment where the Wesley an parsonage now stands. He gave up the ground to the Wesleyan Church authorities," who paid him the cost of removing his dwelling. His right to be there was never disputed, This closed the case for the petitioners. W. H. Crick, sworn, stated—At the opening of the goldfield he was in the Government service. Remembered getting instructions from Mr Mackay with regard to Block 27, which was then known as the digger's camp. It comprised about 5 acres, the Noke Noke creek running

through it. There were three—if not four—-posts with boards upon them, with the words " Diggers' Camp" painted thereoD. He was instructed by Mr Mackay to direct all new arrivals to that camping ground, and to inform them that they were only to put up temporary r«sidences. Two constables stationed there

at the time were similarly instructed. Witness carried out these instructions. Mr Mackay (re called) stated—Previous to the issue of the regulations of 1868, the Warden's Office at the Thames was not in possession of any forms of applications for residence sites. Complete sets of forms ware sent from Auckland as soon as the regulations were issued. Exhibit Gr (produced) is a notice issued by him in 1868 with regard to the forms. The reasons given by various witnesses that the absence of the necessary forms, was the only reason for the non-issue of the certificates for residence sites for Block 27 were utterly false. He gave the proper reason, and told Mr Baillie to hold them over. Wit* ness never informed anyone that all to the eastern side of Rolleston street was open for occupation as residence sites; regulation 102 would bear this statement out. Ec the exhibit marked E, (produced),

which was an application by W. S. Mc-

Cermiek and party for a prospecting claim on Block 27, he might say that such would have been unnecessary if Block 27

had been opened as a goldfield. [Another document, marked exhibit F., was also put in.] When the boundary of the township was finally settled with the natives, Mr Thomas Sandes, now County Engineer at Waikato, placed notices at all the angles between the Hape Creek and JECaraka, with the words township boundary thereon. This closed the evidence. [Left Sitting].