WESTPORT JUSTICE.

West Coast Times, Issue 619, 18 September 1867, Page 4

WESTPORT JUSTICE.

TO THE EDITOB OF THE WEST COAST TIMES.

Sib—l am one of a party of' miners working on the Caledonian Terrace, Westport.. Though not skilled in writing letters, I simply desire to state the facts connected with a case recently heard in Westport, before Commissioner Kynnersley, Esq., and to ask you. or any other person acquanted with mining matters, •whether justice has been done, and whether miners, really „ enjoy the protection which the Goldfields Regulations intend they should do. ■ Our case is as follows : — Being desirous of reaching gold in the terrace where our claim is situated, we commenced to construct and drive a tunnel into our claim a length of 239 feet. In doing so, we had to drive through Power and party's claim. Our tunnel was registered on the condition of our obtaining Power and party's consent; such consent was obtained. Shortly after that, Power and party soldiheir ground to Steel and party, who proceeded to work it in a mannerdangerous both to themselves and us. Being desirous of taking from us the right obtained by the -consent- of Power and party for our tunnel to go through their claim, consequently they applied to the Warden for an injunction, stating that we were preventing them from working their claim by driving our tunnel through the ground they had purchased from Power and party. The injunction was disallowed, the Warden (Mr Kynnersley) on doing so distinctly told Steel and party that he would allow them to work the ground above our tunnel, but'\that they were to timber aid secure the ground properly, so as not to injure our tunnel, otherwise they would be, liable for all damages. Steel and party did not timber their ground properly, as witness after witness in our case. has shown; the consequence was that fifty feet of our tunnel was destroyed through the neglect of Steel and party. It was sworn in Court that our tunnel could not have been better timbered, and that Steel's could not have been worse as far as protecting our tunnel was. concerned. Yet the Warden, Mr Kynnersley, in spite of his former warn, in^io Steel, gave judgment in their favor. Since that, we applied to Mr Kynnersley for "a re-hearing of the case with assessors, which he has refused, which leaves us without a remedy, unless we appeal to the District Court at Greymouth, which would cost us a great deal of time and expense.

Yours, &c, Thomas Fabbeli. Westport, Sept. 14, 1867.