WESTPORT WARDEN'S COURT.

Westport Times, Volume IV, Issue 649, 23 April 1870, Page 2

WESTPORT WARDEN'S COURT.

Eeiday, April 22. (Before J. Giles, Esq., Warden.) Lawrence Lawson and Peter Sorenson, v. Andrew M'Shane. The plaint set forth that the defendant was in illegal possession of the ground of complainants, situated at Bradshaw Terrace. Peter Sorenson, one of the complainants, sworn, stated that on Thursday the 14th instant Lawson, in his presence, marked off the ground in dispute. It measured 94 feet by GO feet. The defendant had a claim adjoining. Complainants worked there on Thursday and Saturday. Witness did not go to the ground on Tuesday, the I9th. but Clarke went in his place, and also on Wednesday. Defendant claimed the whole of the ground in dispute. Lawrence Lawson stated that after having sunk further up the lead on Wednesday, he, with Clarke and Sorenson, took up the ground in dispute the parties adjoining, to the south, pointing out their pegs. Hecould not take three mens' ground being stopped by pegs. There were two mates of Andrew M'Shaue on the ground when he pegged off and they pointed out the pegs. M'Shaue came on the ground the same day and claimed the ground. Complainants worked in the ground till Weduesday. M'Shane was on the ground and ordered them to desist working. Defendant used some violence.

By the Court: Defendant, on Wednesday, denied that the parties were working with him. He said he was by himself. On the 14th he acknowledged them to be his mates ; there were three in the party. By defendant: You pointed out your south peg. One of the men working in the vicinity proved that the ground had not been occupied prior to the 14th. There was five or six mens' ground between witness' party and Hunter's party. He believed defendant had worked on the ground although he had not seen him. There were a great many pegs in the ground which had been often pegged off and abandoned. Complainants put in pegs alongside witness' claim. Andrew M'Shane stated that on Tuesday, the 12th, he went to Bradshaw Terrace with a mate named Jas. Grey, working on Welshman's Terrace. They pegged off two men's ground adjoining Hunter. Grey said he had a better show on the terrace, and on the following morning he pegged off 20 yards along the lead, south of the two men's ground which was taken up the same morning by two strangers. Witness put in four pegs in the surplus ground leaving about ten feet unoccupied between himself and Murray and party. Came in on Wednesday night to obtain forms of application, and on Thursday returned, when he found the complainants in possession. They insisted upon working, and he left them. No pegs were shown on that day. Pegs were in on that day. The pegs to the north had been pulled out since. On Tuesday last Lawsou came on the ground by himself and asked witness for his pegs. He pointed out the north pegs. Lawson went away peaceably, and returned on Wednesday with Clarke. Witness inquired if he claimed the ground, and advised him to let the Warden decide the matter. Lawson appeared anxious to provoke an assault, and insisted upon washing some stuff. Witness resisted him.

Benjamin Cunard stated he had beon working further south on the lead than the ground in dispute. On Wednesday, the 13 th, witness saw complainants working ground some claims distant from that in dispute. The Warden decided to adjourn the case till Saturday for the evidence of the two men working to the north of the ground in dispute.