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140. The Chairman.] When in usualheath, you can write Chinese? —Yes. 141. Bt. Hon. B. J. Seddon.] Do you know Harry Moss?— No. 142. Do you know Johnston's store? —Yes, I knoW Johnston's store. ■143. Do you know anybody in that store ?—I do not know now. I have been sick a long time. I do not know who is in Johnston's business now. Bt. Hon. B. J. Seddon : I must have Harry Moss here, Mr. Chairman, before I can do anything with these witnesses. The Chairman : We will have him summoned to attend. 144. Bt. Hon. B. J. Seddon.] King Foo, have you ever heard of a Chinaman named Wong Shung Wai ?—No. 145. Or have you ever heard of a Chinaman named Tsai Chung ?—No. 146. Have you not heard that name before?— No. Bt. Hon. B. J. Seddon : That is all I have to ask, Mr. Chairman, at present. J. A. Muedoch sworn and examined. 147. The Chairman.] What is your name ?—James Alexander Murdoch. 148. What are you ? —A solicitor. 149. Where are you resident ? —At Kumara. 150. How long have you been so resident there ?—For five years. 151. Bt. Hon. B. J. Seddon.] You are a native of the West Coast, are you not ?—I have been on-the West Coast ever since I can remember. I was born in Adelaide. 152. You have been on the West Coast for twenty years ?—-Yes. 153. What age are you now? —Twenty-eight years of age. 154. You have been on the West Coast about a quarter of a century, then ?—Yes. 155. You are practising now in the Borough of Kumara as a solicitor ? —Yes. 156. And attend the Warden's Court ?—Yes. 157. You are well acquainted with mining law and procedure? —Yes. 158. Do you know of a claim that was held some years ago in the Greenstone Creek ?—I know the ground. 159. You know its position ?—Yes. 160. What is the position ? —Just below the junction of the Blackwater Creek and the Greenstone Creek. 161. Have any parties taken up that ground ?—Yes. About four years ago a party of Chinese, who, it was alleged, had come back from China, or some of them, took up the ground and tried to erect a " wing dam," and they were flooded out; then that ground was taken over by their creditors, but these did nothing with it, and since that Gardener Wilson has taken it up as a prospecting dredging area. 162. The original party of Chinese had been away and abandoned it ?—Yes. 163. Then the original party came back and took it up again ? —Yes. 164. What did the party named Wilson call it?— They called it the Bung Tuck Dredging Claim. 165. Why was it called the " Bung Tuck ? " Was he one of the original party?— Yes. He was one of the original party of Chinese, and there was a good deal of litigation in connection with the Bung Tuck party and the holding of the claim. 166. Has anything come under your knowledge in reference to this ? Has anything occurred that specially directed your attention to this matter ?—Do you mean to the name of the claim ? 167. Yes?— Well, it is generally known in Kumara that a lot of litigation occurred in connection with it, and that you were identified with the litigation. And it is significant that whenever there was a row on in which the Chinese were involved you always represented them. 168. You have known me to appear in the Courts as a mining advocate and agent ?—Yes. 169. In respect to litigation that had taken place, I had been there as the agent of the party ? —Yes. It is supposed to have been a " good thing " for you, owing to the good fees. 170. What do you mean, that my charges were stiff?— Well, I should be very pleased to get them myself now. This place was always considered to be very rich ground. There was supposed to be a4O oz. or 50 oz. nugget got out of it. That reputation for richness is really the motive that is inducing these dredging holders to take it up. 171. Speaking about fees and charges: Do you know any practice amongst the profession of the advocates with regard to taking a transfer of interests, and holding interests for the principals, or taking transfers as equitable mortgages ?—Yes, that is frequently done. It frequently happens that a party of Chinese will come into your office, and request you to make application for what is supposed to be Crown lands. This very often gives Europeans the idea that the ground is payable, and very often you have long objections to answer and long sittings of the Warden's Court to get your title, and, of course, a considerable bill of costs runs up. Then the frequent course is simply to take a transfer of the title after it is granted, and hold it then as security for costs. 172. Have you ever done that yourself ?—Yes, I had one set of applications that ran a Chinese party into about £60 of costs before the litigation was finished. Just near the Bung Tuck ground —on the Terrace. This account was paid without a murmur, and the property was reassigned to them. 173. Then you were simply the mortgagee?— Yes. Of course the doctrine, " Once a mortgage always a mortgage," applies to all such dealings. This doctrine leaves you in this position: the moment the amount is paid the Chinese are entitled to compel you to retransfer, or in default they can go to the Warden for a rectification of the register. Transfers are taken for the purpose of convenience. 174. What do you look upon this " transfer " here produced as ?—Well, I would not look upon that as a usual assignment. For this reason—-there seems to be only one title transferred, " Certi-
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