Thursday 16 April 2020

the Finnertys of Nichol's Creek


The Field Naturalist Club made their first excursion for the season on Saturday afternoon. Notwithstanding the fineness of the day there was a very small attendance, but those who did turn up at the appointed time went over the ground — up the Leith Valley to Nichol's Creek, and up that gully to the waterfall. The more this locality is examined, the more there is to see in it. Independent of the botanical specimens to be found in it, the very remarkable scenery of the place will repay frequent visits. The floods of the past winter have wrought some slight changes in the bed of the stream, and the waterfall is not now so difficult of access as it used to be. The pool into which the water fell is filled up, and a large boulder has been washed down from above and lies in the wash, which it prevents from scooping out the pool again. Some curious mineralogical specimens were picked up, consisting of vesicular basalt, the cavities filled with a white substance, partly crystalline, but decomposing into a soft opaque matter, which the water was dissolving, leaving the rock full of irregular holes. After spending some time admiring the "linn," the party turned and made the best of their way down again, collecting plants as they went. Some good ferns were got, and one of the party made a fair collection of the mosses which abound everywhere — on the trees, the rocks, the ground. After thus spending a couple of hours very pleasantly, the main valley was reached, and the return to town made just before dark.  -Otago Witness, 28/9/1872.



Visitors to Pakeha waterfall, Nichol's Creek, will perhaps be glad to learn that a road is being formed from the main line up the bed of the creek to within 80 yards of the fall. This will make access to this  romantic locality very easy. The road is being formed by the proprietor for the purpose of utilising the fine large timber growing on the higher benches up the hillside. Lovers of the beautiful may regret this, as the roadmaking has caused the destruction of all those overhanging trees which gave the place such charms, and formed such a succession of fine pictures, with all the variation of light and shade, caused by the diffusion of the sun's rays through the leafy screens which overhung the creek. By the time the fine weather of spring returns there will no longer be any occasion for the rough scrambles which characterised a visit to this place, but instead, a good road at a gentle grade all the way.  -Otago Daily Times, 16/6/1876.



The Naturalists' Field Club made their first excursion for the season on Saturday afternoon. There was a fair attendance, and as the weather was remarkably fine, the roads were dry, and the party enjoyed themselves well. Nichol's Creek was the locality selected for the Club's work. Passing up the Leith valley, the creek was soon gained, and when up a little way, out of the influence of the sun's rays, collecting was begun and carried out perseveringly until the waterfall was reached. Not without a good deal of labour, however, for a flood during the winter has destroyed the track, and rendered access to this lovely place nearly as difficult as ever it was. The track is at some places altogether washed away, and at others covered over with branches and other debris to a considerable depth, which made it disagreeable at times for the lady members. After a rest, the return journey was made over the spur to the Leith road again, by which another section of the bush was passed through and explored. Altogether, the party did very well, having collected 25 ferns, a number of mosses and hepaticae, and some flowering plants, though not many of these latter are yet in bloom. Town was reached about 7 o'clock, and the next outing was arranged for the 21st, to Pelichet Bay and its neighbourhood.  -Evening Star, 9/10/1876.


The weather was really grand for picnic parties on Easter Monday. Among the spots principally patronised were the Ocean Beach and the Water Works. (Ross Creek, GBC) At one time during the afternoon there could not have been less than 60 persons at the picturesque Waterfall at Nicholl's creek. This place seems likely to increase in popularity, as it becomes well known to our citizens and visitors. A few enthusiasts paid a visit to the top of Flagstaff, whence a magnificent view was obtained, the atmosphere being clear and favourable.  -Otago Daily Times, 10/4/1877.



SPARE HALF HOURS.
By Henry Lapham,
IMPORTANT TO VISITORS.
WATER OF LEITH FALLS.  (abridged)
It has been my luck to do a deal of "flitting" in my time. I have endured the fierce heat of the Australian Christmas-tide in more than one large Victorian city; I have feasted my eyes on the beauties that charm each traveller who sails over the broad estuary of the Derwent; I have dozed along placidly amid the soft, sleepy, quiet streets, orchards, and gardens of Nelson; I have reached a land "in which seemed always afternoon" beneath the bright skies of the North Island; I have endured the gales and rains that distinguish with unpleasant preeminence the Empire City; I have wandered in deep content along the willow-veiled Avon; and the conclusion I have come to is that nowhere throughout Australia is there to be found more varied and more beautiful scenery than in our own province of Otago, nor a pleasanter place for a temporary sojourn than our own good city of Dunedin. But I fancy that a great many visitors to Dunedin go away without knowing one-half the beauties that are within reach of even those who have only a day or two to spare. People come here and admire our churches, banks, and other public buildings, and gaze delightedly at the green encircling hills, take a walk through the Botanic Gardens, a trip in the Mornington tram, and a drive out to Blueskin, and fancy they have "done" Dunedin, whereas they have really not been able to see some of the most charming spots that lie within reach of a day's excursion. If any visitor wishes to spend a day of pure delight, let me recommend him, or her, to take a trip to the Waterfalls at the head of the Leith Creek. A tram car will convey them to the lower end of George street; then comes a walk up a pretty valley, with handsome and picturesque residences upon each side the way. The Leith prattles merrily over the stones, and here and there, in some lone quiet pool, you will see an angler plying his gentle craft, while a plump trout leaps through the surface. About three miles up you reach the tributary creek on which the Falls are situated. If you prefer, you can follow rather steep roadway that goes direct to the Falls; but by so doing you will miss some of the chief points of interest.
So, having at the outset made up your mind for a little rough scrambling, put on strong boots and clothes that will stand brushing, then take the path up the creek. In five minutes you are out of sight of the road, and, following the creek, as it slips from mossy boulder to mossy boulder, or lingers in deep pools beside some huge rock, or coyly hides beneath the bending ferns. Very soon you are walking between huge upright walls of rock, with only a far-off glimpse of a strip of sunny sky overhead, then the walls close in and you are in deep cloistered gloom. The walls are hung with moss of richest green, through which the slowly trickling water-drops shine like diamonds. Every now and then there comes an open spot where the sunshine pours down and illuminates with startling effect huge spreading trees, feathery ferns, dancing water, and emerald moss. All the time you are moving onward, and upward, climbing from rock to rock, rustling through thick bushes, brushing amongst moist lovely mosses and ferns, with always the cool sweet scent of the woodland air around and above you. The water at your feet is as silver, clear and cool as if flowing from an ice bed, for, during the greater part of its course, it has scarce seen the sun. At length, after about half an hour's climbing and merry scrambling, you mount a rocky platform, and there is the Waterfall — a veil of frosted silver slipping over a precipice sixty feet in height into a deep clear pool. A thousand little cups and hollows in the rock scatter the falling water into diamond drops. Above, the tree tops bend and make an arch over the stream. A cold spray rises deliciously from the basin. In the foreground are mossy rocks and trees, but nothing to obscure the beauty of the Fall. It is vain to attempt to paint in words a scene like this, a dream it is of rare woodland beauty. It is a something to be looked at long and earnestly till it be photographed upon the mind, and to be reproduced in days long after amid the din and worry of city life to charm and refresh the inward eye. To one who is versed in nature's lore such a spot is simply a Paradise. The rich and varied growth of mosses, lycopods, ferns, and shrubs, will give him delight and employment for hours; but "he is oft the wisest man who is not wise at all," and to such one, perchance, the place will furnish sweet dreams and tender thoughts such as the man of science cannot appreciate nor understand. Leaving the Fall, with many a reluctant backward look of admiration, a very few minutes brings you into the heart of the bush. Here easily you may find a score of places shut in by trees where a green twilight broods, or with ferny tufts softer than cushions of down, on a spot where there is a sloping lawn, but not too wide, gay with sunlight yet close to shade, and there a fire may easily be lighted and a billy swung. For my part, I never passed a day of greater enjoyment and purer pleasure than that at the Falls of the Leith Creek.  -Otago Witness, 24/1/1885.


THE AMENITIES OF DUNEDIN AND ITS NEIGHBORHOOD. (excerpt)
At the meeting of the Otago Institute last evening, Mr A. Bathgate read the.following paper on ‘The Development and Conservation of the Amenities of Dunedin and its Neighborhood’: — 
...The association might also secure the land on which is Nichol Creek waterfall, and which I think is private property, so that the bush around might be preserved from further destruction. But I am afraid of frightening you by the extent and magnitude of my programme, so I shall conclude.   -Evening Star, 12/9/1888.

Late Advertisements
LEITH Valley, from Duke street.— Break running to Waterfall will carry Leith Passengers for Threepence.   -Evening Star, 3/10/1889.

Nichol's Falls were taken as the model for the Fernery at the large NZ and South Seas Exhibition set up in the south end of the city.


New Zealand and South Seas Exhibition

The Fernery. This is a little paradise without the serpent — a charming retreat that will command the admiration of all but the unhappy few in whom the love of nature is not developed, and even these will appreciate the cool shade and the running water and the suggestion of quiet to be here found. There are two entrances, both from the rear of the main hall, the doors opening on to the gardens serving as exits only. An arrangement of this sort is necessary in order to prevent confusion and avoid the risk of damage to the tender growths within touch on every hand. The building is constructed of unbarked wood, the dimensions being, roughly speaking, 250 feet by 60 feet. The pathway is of wooden battens — the only sort of track that would serve the purpose, for the interior is, of course, kept as damp as possible so as to provide the humidity in which alone ferns and mosses thrive. Almost every one of the best known ferns found in New Zealand have a place in this unique collection, and there are besides specimens of the stagshead from Queensland, and other rare descriptions from other colonies, while overhead and in odd corners are to be seen some lovely mosses in all shades, forming an appropriate and pleasing background. The arrangement of its interior reflects very great credit on the Committee and those whom they employed, particularly Mr McNeill, who personally superintended the putting up of the ferns and also built the cascade and the waterfall. The waterfall, it may be mentioned, is a fair representation of the fall on the Leith, and what it lacks in absolute faithfulness to the original is more than compensated for by the greater beauty, though on a smaller scale, of the surroundings. In corners are to be seen recesses containing rare samples of the most beautiful ferns. These miniature gullies are perfectly enchanting in their fidelity to Nature, and when lit up with fairy lamps a most delightful effect will be produced. The cascade, too, is a work of art; and altogether the arrangements are such as to deserve the greatest praise.   -Evening Star, 26/11/1889.

CONSERVING THE WATERFALL.
TO THE EDITOR.
Sir, I was very pleased to see that Sir Robert Stout has brought under the notice of the Land Board the desirability of at once reserving any unsold forest land along the line of tourist traffic in the Lake district, and of generally conserving the beautiful lake region for the benefit of tourists. It is a pity that this matter was not taken up years ago; but better late than never, as much may still be done.
Commercially speaking, we have in New Zealand few better assets than our scenery, and we have at our doors in Dunedin one little item in the account, the conservancy of which for the benefit of the public demands prompt attention. I refer to Nichol Creek waterfall. Its attractiveness has been amply proved this summer. Crowds of visitors now daily resort to it, and the conveyance of these visitors to the mouth of the creek keeps a large number of cabmen fully employed. This creek, however, is entirely on private property. The bush is being rapidly felled, aud, in a few years more, seems likely to be all destroyed. Can nothing be done to save tnis pretty spot to the community? The land is rough and of little value and probably a strip embracing the creek to near its source, so as to secure all the falls, might be bought at a low price. Here, then, is a most worthy subject for the Dunedin and Suburban Reserves Conservation Society to take up, and I commend it to that society and to your advocacy.—I am, etc., G.A.R, Dunedin, February 6.  -Evening Star, 7/2/1890.

Nichol's Falls in the 1890s.  Hocken Library photo.

The distance up to the first Waterfall is about half a mile, and on the road up, by way of the creek bed, a passage is made between precipitous rocks, rising on each side, leaving only a narrow way between, the sides of the cleft being decorated by the hand of nature with a covering of ferns and mosses. At length the fall is reached, and as the quantity of water in the summer after dry weather is comparatively small, it may, at first sight, be to many disappointing, but as it drops over a face about 30 feet in height, which is covered with mosses of the finest green, it possesses beauties of its own, and on a hot summer's day it conveys a suggestion of coolness, not afforded by a more turbulent stream. After a fresh, however, the volume of the stream is of considerable magnitude, rising, as it does, from a rift in the side of old Flagstaff itself, and gathering its waters from a considerable water-shed above. A little period of rest and dalliance is generally indulged in here, admitted by all to be extremely pleasant. This over, those so disposed can tackle the ascent, not very difficult, and reach the upper falls, four in number, one of which is considered by some finer than the lower, and all of them derive a charm from the fact that the bush above is still almost in possession of its virgin beauty.  -from "Picturesque Dunedin: or Dunedin and its Neighbourhood in 1890.  Alexander Bathgate.


Nichol's Falls, print Ca 1890.




THE HOLIDAY AT DUNEDIN.
(PRESS ASSOCIATION TELEGRAM.DUNEDIN, January 20. To-day was observed as a general holiday, but outside the Exhibition, which was largely attended, there were not special attractions. Harbor excursions were largely patronised and some thousands visited the waterfall in the Leith Valley. The weather was splendid until late in the afternoon when it turned somewhat cold.  -Press, 30/1/1890.

Mr David Nicol, another of the old identities whose ranks have been very much thinned during the past year or two, died at his residence, William street, yesterday afternoon. Mr Nicol arrived in the ship Strathmore in October, 1856, from Edinburgh. Not long after his arrival he became head gardener and manager of the Glen properties of Messrs Macandrew and Reynolds, which position he filled for about two years. He subsequently moved to the house he has ever since occupied in William street, and carried on his business as a gardener. Nicol Creek, in which are situated the waterfalls, well known as a place of resort, takes its name from Mr Nicol, who owned about 200 acres in the locality. Nr Nicol has been out of business for a number of years, and had been in failing health for a considerable time. He leaves a numerous family, who are all grown up and most of them married.  -Evening Star, 6/3/1890.

CITIES AND TOWNS IN NEW ZEALAND.
DUNEDIN AND THE EXHIBITION.
THAT CUP OF TEA
Dunedin is well lighted with gas; the streets are well paved, and the roads cleanly kept by the municipal authorities. There is an excellent water supply, obtained from a reservoir at the head of the Leith Valley, about four miles from the city in a north-westerly direction. This is one of the favourite spots for a Sunday afternoon outing, and on a fine day numbers of persons are to be found wending their way either to the reservoir or to Nichol's Creek Waterfall. The road to them is very steep, but the scenery is very lovely. Passing through Woodhaugh, with the Water of Leith Paper Mills to the left, the turning point leading up to the waterfalls is soon reached. There are two paths to it, one by ascending a hill, and the other by exploring Nichol's Creek itself. The latter, however, is rather a rough way, for visitors have to clamber over boulders, to creep through the overgrowth, or to make their way through the wild luxuriant growth on either side of the creek, which, as Mr Bracken's poeticals describes it, "stretches across the gorge to the the hills in leafy knots of love." I took the hill for it, and was well satisfied I did so, for when a third of the way up my companion and I reached a little house, where refreshments were provided, and, it being a hot day and both of us very thirsty, we were there able to obtain a cup of good tea from the Scotch hostess who was in attendance. The tea was excellent, and my thirst on that occasion was so great that it took two cups of that very refreshing beverage to quench it; but it is one of those things that will be retained in my memory for the rest of my life. The falls were at last reached, and I must own I was disappointed at them. There was but a puny dribble of water falling from some height into "foliage thick, and of varied trees of green." This I was told was owing to the drought, but that when the rivers were full of water the cascade was truly grand.  -Taranaki Herald, 7/5/1890.


A daughter of Mr John Edmonds, of St. Andrew street, while visiting the Nichols creek Waterfall, Leith Valley, yesterday, fell down a cliff there and was a good deal cut and scratched about the face and body, but fortunately appears to have escaped anything more serious. Messrs R. Rossbotham and Smeaton, who witnessed the accident, personally assisted in conveying the girl to her parents' residence, for which service her parents are grateful.   -Otago Daily Times, 8/12/1890.


At about this time, with the waterfalls increasing in popularity, problems began between neighbours.  It is possible that a neighbour of the Finnertys, a Mr Rossbotham, built his house over the road line - that is, on a public right-of-way - part of which gave access to the Falls.  It is also possible that Mr Rossbotham, in his position on the local Council, prevented a survey of the road line due to the possible consequences of his house being found to encroach said right-of-way.


The Finnerty family relied to a certain extent upon the charge they made on visitors to their land and Mick Finnerty spent much time and effort in making tracks leading off the old logging trails to give easier access to the upper falls of the valley of Nichol's Creek.  

Still discernible of those tracks is a short loop off the logging trail on the south side of the valley to overlook (and possibly climb into) an are of the creek known to trampers as the "cups and saucers."  This is where the creek runs for a short distance through the "Abbotsford mudstone layer" - a geological region of compressed sandy clay, deposited about 80 million years ago, which the creek has eroded into a series of bowl-shaped depressions.

Also to be seen if you make the effort are the approaches to a long-gone bridge which crossed above the third waterfall.  The track reaches the bridge from the north side and descends to the creek bed on the south, presumably leading upstream to the fourth waterfall.


Maori Hill Borough Council
Miscellaneous
Michael Finnerty wrote asking to have the road from the Leith Valley road to his property, the Waterfalls, defined, and for the assistance of the council in forming it. —Referred to a committee to report.   -Otago Daily Times, 4/9/1891.



THE WATERFALLS.
TO THE EDITOR.
Sir,— In answer to your correspondent "Picnic," I beg to inform him that the land and Nicholl Creek Waterfalls have been secured with the intention of making further attractions and laying out the land as pleasure grounds. It is not our intention to close them to the public or to make any charge for entrance at present. We hope that the public will give us their support in preserving the ferns and grounds, and in providing for their comfort. Should it be found necessary, after this season, to make a small charge to the public to cover expenses, the fact will be duly announced.
— I am, etc., Manager, Leith Valley, October 22.  -Evening Star, 22/10/1891.

FOR SALE, Refreshment Rooms and Furniture, at the Waterfalls, Leith Valley, as a going concern; a splendid chance for anyone with small means. Apply Samson and Co., auctioneers.   -Evening Star, 22/10/1891.


Things came to a head between the Finnerty's and Cr. Rossbotham soon after.  For a condnsed version of the incident(s) I recommend the earlier story from fellow blogger Amanda Rose Nunn, found here.

INDIGNATION MEETING AT LEITH VALLEY.
COUNCILLOR ROSSBOTHAM ATTACKED. 

A meeting of ratepayers in North Ward, Maori Hill Borough, was held in the Leith Valley Schoolhouse last night, when about twenty gentlemen were present. Mr G. Butler was voted to the chair.
The Chairman said the object of the meeting was to consider what steps should be taken to prevent them from going into an expense that they had no right to be put to — viz, the cost of the survey of a new road line to the Waterfalls in North Ward. It appeared that the Maori Hill Council, or at any rate some of the members of the Council, had seen fit to authorise the survey to save Cr Rossbotham from removing his house and other obstructions which, it had been found by recent survey, were built on the original road line. They wished to survey another road to suit Cr Rossbotham, but in the present state of the ward’s finances it was hard that the ratepayers should have to put their hands into their pockets to suit any man, and it was now for the meeting to say what steps should be taken. Those who wished the new survey should pay for it. He did not know whether the survey was being legally carried out or not, but he knew that the ratepayers would have to pay for it if they did not take some steps in the matter at once. 
An irregular discussion followed, in which it was stated that it was Cr Tanner who was making the survey by the instructions of the Council. One gentleman said Cr Tanner was liable to a penalty of L50 for doing work for which he would receive the ratepayers’ money, and the chairman expressed the opinion that any of the councillors oonld take work from the Council up to L5. It was also stated that Crs Watt and Harbour, who with Cr Rossbotham represented North Ward in the Council, had both been asked to attend the meeting, but neither of them put in an appearance. 
Mr B. Button, after speaking of the beauty of the Leith Valley and the loveliness of the surrounding hills, produced a parcel in which he said was the cause of all the trouble and expense the ratepayers had been put to. On opening the parcel the contents were seen to be a peg and a number of chips of wood, which, on being placed side by side, showed the figure 8, This, said Mr Button, was road line survey peg No. 8, which Cr Rossbotham had removed, which the chairman and Mr Finnerty saw him removing, and which, although he at first denied it, he afterwards admitted to tbe mayor and councillors he had removed, adding as an excuse that he “didn’t know what he was doing.” He (the speaker) had shown the peg to several lawyers, to Chief Surveyor Adams, and to the Inspector of Police, and if the Council would not prosecute Cr Rossbotham for his misdemeanor he (the speaker) would take in hand to do so himself; and be would see that Cr Rossbotham had his due for his offence, the penalty for which was L50. The cause of all the trouble was the removal of the ancient land-marks, which the ratepayers had a right to see were not interfered with; because if they were interfered with the means were taken away of showing where were the tracks and the roads that were surveyed by the Government. The Council, however, had hoodwinked the offence because Mr Rossbotham was one of themselves, but if a poor man — a man living in a hut — had been the offender the case would have been very different. The ratepayers should insist that the Council should not place upon them taxes to resurvey roads that had been surveyed and pegged by the Government. The speaker went on to refer farther to the matter, using some strong language in his remarks, and concluded by saying that through Cr Rossbotham's action all the plans he had made for bringing his family from England to settle them in Leith Valley had been knocked on the head.
The Chairman said Mr Button’s remarks were all facts.
Mr Button farther said that there were two roads to the Waterfalls — one up the creek and the other through the land on which Cr Rossbotham’s house stood. He would be firm and insist on having the road on which the house stood, and then Cr Rossbotham would in all probability let them have the other one.
The matter was discussed at length. Mr Finnerty and the Chairman gave their versions of the peg-shifting, in which they saw Mr Rossbotham engage. They said he had a slasher, with which he was knocking off chips of the peg, that he afterward pulled it out of the ground and threw it into the bush. They ran down to him, and accused him of shifting the peg, when he said: "I'll swear I never touched the peg.” They then gathered the chips he had knocked off the peg and secured what remained of the peg itself, and kept them. They were now in Mr Button's possession. A survey which had since been made showed that the peg that was missing from that spot was No. 8. 
The Chairman said there was no doubt about the peg-shifting, because Mr Rossbotham admitted it in the Council before the mayor and the councillors. When he and Mr Finnerty accused Mr Rossbotham of removing the peg be ordered them off his land, but they told him they were on the public road line, and that they had as much right there as he had. Mr Rossbotham, of course, had an object in destroying the pegs, as his house was on the road line. In further discussion it was said that the instruction to Cr Tanner concerning the survey was not legal, as it had not been given at a proper meeting of Council; that Cr Rossbotham had won the rest of the Council over to his side by entertaining them at his house when they were inspecting the road line through his land; that at any rate one of the other members for the ward objected to Cr Tanner's survey being made; and that the Council were not doing their duty in countenancing the offence Cr Rossbotham had committed.
Messrs Lawson, Scott, Booth, Davie, and Carlton spoke expressing their disapproval of the action of the Council in shielding Cr Rossbotham; and it was moved by Mr Samuel Scott, seconded by Mr Davie “That this meeting of ratepayers protests against the action of the Council in spending the ratepayers' money in deviating a road line for the benefit of Cr Rossbotham; and this meeting of ratepayers request that the original road line be adhered to, or that any fresh survey be at Mr Rossbotham’s expense, subject to the approval of the ratepayers.” It was decided to send a copy of the resolution to the Council at their meeting on Wednesday night Mr Lawson asked if there was any foundation for the report that Cr Tanner was making the survey by the instruction of the Council.
Mr Scott said that Cr Tanner had told him that he had been employed by the Council to do the work, and that they would pay him for it.
Mr Davidson raised a question as to whether the councillors for North Ward had not the confidence of the ratepayers. The Chairman said it was evident that their councillors were not doing their duty, and he believed a majority of the ratepayers had lost confidence in them. After a discussion on the question, Mr Button moved and Mr Davidson seconded — “That this meeting sends a petition, signed by the ratepayers, to the Council asking that Cr Rossbotham be requested to resign, in consequence of his action in removing the road survey pegs, and protesting against the Council overlooking Cr Rossbotham’s misdemeanor.” The motion was carried unanimously, and Mr Button volunteered to take the petition round for signatures. A vote of thanks to the chairman terminated the meeting.  -Evening Star, 28/2/1893.


Our Dunedin Letter
Mr Rossbotham, of the Maori Hill Borough Council, is the most pugnacious man in Dunedin. A short time ago he was the cause of having a resolution passed in the council ordering all those persons whose houses had been found to be on a certain roadline to remove them forth with. The houses were consequently removed at considerable cost. It now appears, from a recent survey, that Mr Rossbotham's house is on the same roadline, and in their turn the already "evicted" ratepayers are now insisting that Mr Rossbotham should remove his house, and thus share the pleasures of his neighbours. Of course, he objects, and his persecutors regret to learn that he has a chance of evading much trouble by having a new roadline surveyed — a proposal which he himself made in the Council, and which the rest of the Council appear to agree with. The matter is being fiercely debated now. It is also alleged, and it appears to be a fact, that Mr Rossbotham has removed several of the original roadline pegs, with the object of making good his title to the land on which his home stands. One day two of his enemies caught him in the very act of removing a peg and cutting its number and the broad arrow from its upper end. They secured the peg and the chips and it is now in their possession to be brought up in evidence against him. Whether the case will be carried further is a question, as the council appear inclined to shield the offender, but now that the question has found its way into the public prints, more may be heard of it before long. Mr Rossbotham one night admitted to the council that he removed a peg, but he added that he "didn't know what he was doing."  -Clutha Leader, 3/3/1893.

MR ROSSBOTHAM REPLIES.
TO THE EDITOR. Sir,—The meeting in the Leith Valley Schoolhouse on the 27th ult. was a hole-and-corner affair. It was neither advertised nor convened by circular as a meeting of ratepayers. Seeing that no member of my family nor others living in the immediate vicinity of the sohoolhouse knew anything whatever of the so called "indignation meeting of ratepayers" until it was over, it is not surprising that none of us were present. The whole thing was pre-arranged in the interests of a few wire-pullers. Now, the statements made at that meeting by Messrs Button, Butler, and Finnerty were simply a tissue of misstatements of facts. In the first place, there is no road line being surveyed to the Waterfalls. The peg question was inquired into about two years ago by the Borough Council, who exonerated me from all blame in the matter. In the next place, the survey recently made on my property will be paid for by myself. 
The irrepressible Mr Button, who is neither a ratepayer nor a resident of the district, but who seems to have had a deal to say at the meeting, was a tenant of mine, but his tenancy I cancelled for non-payment of rent. The facts are clear from your report that those men wish to force a road through my private property, to which I have a decided objection; hence their scurrilous attack on me. For several years past I have allowed the public a permissive favor to roam all over my property, but if I am to receive nothing but abuse in return for my kindness the public may find Nicol Creek permanently closed to visitors. 
—I am, etc, R. Bossbotham. Dunedin, March 3.  -Evening Star, 4/3/1893.

THE ROAD TO THE WATERFALLS.
A meeting of ratepayers to consider the question of a road to the Waterfall, Leith Valley, was held in the schoolhouse at the latter place on Saturday night. The mayor of Maori Hill (Mr P. Pilkington) presided, and  there were about 40 present, including Crs Powell, Harbour, Mitchell, Bain, Pollock, McDonald, Tanner, and Watt. 
The Mayor stated the objects of the meeting. He said that there was nothing new to lay before those present except a fresh plan. Before settlers had determined to get either one road or the other he had spoken to Mr Rossbotham on the matter, and that gentleman distinctly declined to give the road up the creek. Then the settlers said they would have the old road. For his (the speaker's) part he would not acquiesce in that, and for this reason: Mr Rossbotham offered them a much better road, and he thought it would be a pity if they did not accept it. He looked upon it that the very fact that Mr Rossbotham's house was on the present roadline was a boon to the district, because if it were not on the road-line such an advantageous offer would never have been made. His advice was that they should accept the offer. He did not think they would get the road up the creek. If the creek belonged to him rather than give it up he was sure that he would shift the house a dozen times. What he would vote for was to accept Mr Rossbotham's offer of a new route. In answer to Cr Powell, the Mayor said that Mr Hay was of opinion that the route offered by Mr Rossbotham would make a better road than the old road.
Cr Powell said that he put a question at the council meeting and it was not answered. He would ask it again. He wished to know the reason why the road up the creek had not been granted to the ratepayers. He thought the mayor should not have prejudiced that case in the manner he had done by saying that if the creek were his he would not give a road leading up by it. —(Applause.)
The Mayor replied that he did not prejudice the case. He stated the matter fairly.
Cr Powell repeated the question, and wanted to know why Mr Rossbotham objected to give the ratepayers a road up the creek.— (Hear, hear.) Mrs Rossbotham said she would answer the question. Although she represented her husband there that night, she was also a ratepayer. The time was not far distant when the valley would be studded with factories. That creek belonged to her family. They owned the power — the water power. That would be preserved, not for her, but for her children. She did not bear any malice towards Mr Finnerty. Her house she would give up, but the creek would be preserved as she was a living woman. Hitherto she had always allowed people to pass through her property to the waterfalls, and she had done so at personal loss. People who came up there frequently broke down her fences and out the wires. They had even shot her geese on the nest. Boys who went out shooting and could shoot nothing else shot her geese. She had borne all these things, but she was determined that she would preserve her rights to the water power.
A Ratepayer: Will giving a right-of-way up alongside the creek impair the water power?
Mrs Rossbotham replied that it would have that tendency, for if a road were made alongside the creek there would be no room for the building of a mill or of a factory. For that reason and that alone the house would he shifted six times over before the creek road was given. Whoever had been saying the things that had been said about her was entirely wrong.
Cr Mitchell contended that the road could be made and still the water rights could be preserved. It could be stipulated that the road could come within a certain distance of the creek, and it would be conducive to the interests of the owner to have it made. They had to consider the fact that this road was not only needed by the ratepayers but by the citizens of Dunedin and visitors to that place. He thought the council should take steps to immediately secure the best route to the falls. It was all very well for Mrs Rossbotham to say that she had certain rights, but they also had rights. In years to come that would be considered one of the prettiest places around the city.
Mrs Rossbotuam: And that's the reason why you want to wrest it from those who own it. 
Cr Mitchell said that they would buy it. 
Mrs Rossbotham: But perhaps we don't want to sell.
Cr Mitchell then said that it would be a matter for the council and the ratepayers to see how the road could be obtained.—(Applause )
A Ratepayer: If the road is made where will it lead to?
The Mayor: To the falls. The speaker then went on to say: "If we could by any means wrest the road from those who hold it we would do so. But we have no power."
The Borough Clerk: Nonsense.
The Mayor: All they have to do is to move the house off the present roadline. There is the lady here to-night that holds the property, and she tells you distinctly she will keep it for her children. There is no good talking about it, as it will lead to nothing.
Cr Powell: So far as I can see the road will not be detrimental to the property.
Mrs Rossbotham: But that is for us to say.
Cr Powell: But you must remember that if you deprive the settlers of their proper road they have a right to choose the best road to replace it.
Mrs Rossbotham remarked that she was giving them a better roadline than the one they had before.
The Mayor remarked that he hoped the meeting would look at the matter from a business point of view. If Mrs Rossbotham would not give the Creek road, they should take the next best. They might get the road under the Public Works Act, but he never considered the matter in that light, as to take proceedings under the act would involve considerable expense.
Mr Button said he quite agreed with those speakers who said the council had the power in their hands to secure the best road to the waterfalls — that was by the creek. He could speak with confidence, as he had communications with the authorities — the chief surveyor and others under the Government. There seemed to be doubt floating before the minds of many at the meeting. The Mayor had said that it was a boon to the district that Mr Rossbotham's house was in the roadline. It could not be a boon to any district that a house should be on any public roadway.
The Mayor: What I meant was this: The fact that Mr Rossbotham's house is on the roadline gives us an opportunity of selecting a better road to the falls.
Mr Button: Well, I want to ask one question, and it is this: What is the date on which the council had the report of the peg-shifting submitted to it? — (Cries of hear, hear, and dissent)
The Mayor: The meeting is not called in reference to that matter,
Mr Button: It bears on the question of the road.
Mr Mitchell: I am going to rise to a point of order. I think any peg-shifting or anything else like that should not be mentioned at this meeting. — (Applause.) He came here as a committee of the council to meet the ratepayers and get their opinion about those roads. 
Mr Button: Well, I will pass it over. I merely wished to ask if you are going to prosecute, as I am going to see the Minister for Justice on the matter. I have no interest in any property here now, but I have come to the conclusion that to secure a good road to the falls is acting in the best interests of the public. When I was far away in old England I always took an interest in the Valley, or else I would not have come out 16,000 miles to visit it now.
Mrs Rossbotham: Mr Mayor, he does not care a button about it — (loud laughter) — not a brass button. He wanted to float the falls into a company.
Mr Button (amidst much disorder): I don't see why Mrs Rossbotham should come here to interrupt the meeting. Mr Rossbotham should have been here instead of sending his wife. I don't think he has pluck enough to come himself.
Mrs Rossbotham (indignantly): Indeed! Mr Rossbotham attended the other meeting, and got ill through it. That is why he's not here. I knew they would be saying things like that. Mrs Rossbotham went on to refer to the question of shifting pegs, and the meeting became uproarious. The Chairman at length succeeded in obtaining order, and Mr Button took his seat.
Mr Powell asked if anyone present could say what was the steepest grade up the creek if the road were taken that way. He understood that the grade was one in three and a-half. That was quite impracticable for dray traffic. 
Cr Pollock rose to ask whether Cr Powell was going to monopolise the meeting, and disorder again ensued. A passage-at-arms then took place between the mayor and Cr Powell, in which Cr Mitchell's name was mentioned, whereupon the latter claimed the right to be heard. A lengthy wrangle followed, but at length order was restored and the question of the road was again disputed. 
In answer to Cr Watt, Cr Tanner said that he thought the grade up the creek would be about 1 in 12.
Mrs Rossbotham: You're not going to bring the road above the creek, surely? You will have numbers of people falling into it. — (Laughter.) There's a man talking about taking miles of land away from one person, and the same man wants £80 from the council for a few feet. — (Disorder.)
The Mayor: That's beside the question.
Mrs Rossbotham: Mr Mitchell can take £80 for a small piece of land. — (Renewed uproar.) You see what Cr Mitchell can do, and it was he who proposed this meeting. 
Cr Mitchell (to the mayor): I think it's your duty...
The Mayor: Never mind my duty. — (Laughter.)
Cr Mitchell said that the meeting was held because the council wished to get the opinions of the ratepayers.
Mr Finnerty said a good road could be made up the creek for 25s a chain. He was willing to pay for it himself. — (Applause.) 
Mr Button observed that gentleman in Dunedin would be willing to contribute, if necessary, towards the cost of making the road.
It had been stated that the falls were to have been closed to the public by the company that it had been proposed to form. Such a statement was entirely wrong. On the contrary, it was intended to create more facilities for the public to visit the place. — (Applause.)
After further discussion, Cr Powell moved and Mr Butler seconded — "That the council be recommended to ascertain the cost of getting a road up the creek under the Public Works Act."
Cr Pollock moved as an amendment, and Cr Watt seconded — "That Mr Hay's survey be accepted." The amendment was lost, three voting in its favour. The motion was then carried by a large majority, and the proceedings terminated.  -Otago Daily Times, 6/3/1893.

THOSE PEG-SHIFTERS.
TO THE EDITOR.
Sir. - I crave space to tell the ratepayers of Leith Valley who do not already know the facts that Mr Nichol Booth shifted a peg on the main line of road and at its junction with another road. Mr Davidson shifted a peg also on the main Leith road; yet the latter seconded a motion requesting Cr Rossbotham to resign because he happened to inadvertently move a peg on his own property far in in the bush when cutting a passage to follow his cows. Verily, those who live in glass houses should not throw stones. Not one of the ratepayers asked to prosecute these men; but my husband, for a far less fault, is not only to be prosecuted and persecuted — judging from their uproarious conduct on Saturday night, they would crucify him as well, or wrest from him his honest rights. I hope when this prosecution comes on all will be treated alike, for sauce for the goose should be sauce for the gander. 
—I am, etc., Kate Rossbotham. Leith Valley, March 7.  -Evening Star, 8/3/1893.

Passing Notes
When woman says she will, she will, depend on't; and when she says she won't, she won't; and there's an end on't. Such must have been the conclusion of the meeting of ratepayers of Leith Valley as they sadly wended their way homewards after a lengthy and futile attempt to induce Mrs Rossbotham to permit Mr Rossbotham to give the public a road up the creek to the Nichol's creek waterfall. The extent of the resources of the family in possession of the means of access to this desirable spot are great. Mr Rossbotham gets "expended," as they would say of military stores, at one meeting, and at the next the reserves in the shape of the lady gifted with dialectical ability are brought up, just as at a critical moment at the battle of Bannockburn the women and camp-followers appeared on the crest of the hill waving their — well, their petticoats — in the successful endeavour to appear like a new army. Mr Powell must have repented of his temerity in persisting with his question why Mr Rossbotham objected to give the ratepayers a road up the creek, for the lady promptly gave sufficient reasons and metaphorically shut Mr Powell up like a jack-knife, and gave what seemed to the mayor, who presided, good and sufficient cause for despondently saying that there was no good talking about it, as it would lead to nothing. There could not possibly have been paid a more delicate compliment to Mrs Rossbotham's faculty for resistance. Neither, I confess, would I have been in Mr Button's boots for a consideration. Notwithstanding his earnest protestation that he had come 16,000 miles to revisit this marvel of Nature, the irate lady promptly extinguished him by the well-known device, the argumentum ad hominem — that is, in a metonymical manner referring to him as a button, and a brass button at that. Mrs Rossbotham may accept the assurance that her appearance in a public capacity has been a decided success, and it may be presumed to have given a fillip to the woman's franchise movement. It may confidently be expected that we shall see the vivacious report of the meeting on Saturday evening quoted at length in some one or other of the journals which advocate women's rights, and possibly it may be placed in juxtaposition with the case of Mrs Charlotte Perkins Stetson, an American lady who found the trammels of domestic duty irksome because of her devotion to the platform advocacy of women's rights, and has accordingly obtained a divorce from her husband in order to obtain more leisure to reform society. To return to our muttons, or our waterfall. I should think the public might be pardoned for inquiring how it comes that access to Nichol's creek is dependent upon the consent and privity of Mr and Mrs Rossbotham being first had and obtained. It might also be interesting to learn whether the decided views on the right of Irish landlords to deprive people of the gifts of Nature, enunciated by one Kate Rossbotham in a number of letters to the Star a little time since, are quite consistent with the present determination to hold on to Nichol's creek for the sake of the unearned increment -Otago Witness, 9/3/1893.



THOSE PEG-SHIFTERS.
TO THE EDITOR.
Sir, The statement made by Mrs Rossbotham in your last night’s paper, so far as it relates to myself, is absolutely untrue. I never "shifted a peg." The matter to which Mrs Rossbotham alludes was the following: When the land I occupy was first surveyed the main road by which it was bounded was left one chain wide. Subsequently the road was made half a chain wider, and the acreage purchased by me was reduced accordingly. When I wanted the exact boundary of my land for fencing purposes a surveyor authorised by the Land Office laid off my boundary, and he moved the peg marking the original survey back on to my land, showing the main road as a chain and a-half wide, instead of one chain only. This is the only connection, direct or indirect, I have had with the serious offence of "pegshifting."
— I am, etc., Nicoll Booth. Leith Valley, March 9.  -Evening Star, 10/3/1893.

LEITH VALLEY ROAD.
TO THE EDITOR. Sir, — In your Saturday's issue a correspondent, signing himself "Leith," asks various questions about the Leith Valley road dispute, and in reply I have to state that there were three surveys — one made by Michael Finnerty, for payment of which he passed around "the hat." There was a deviation survey ordered by the Borough Council, for which they no doubt will pay. There was also a deviation survey made by Mr R. Hay, ordered by myself, for which I will pay.
— I am, etc., R. ROSSBOTHAM. Leith Valley, March 13.

TO THE EDITOR. Sir,— I believe this matter about survey pegs in Leith Valley is not quite understood by the public. It would seem that Mr Rossbotham, while clearing a track through his bush some two years ago, accidently knocked out what was afterwards discovered to be a peg, but this was removed by somebody else. I am informed that when Mr Rossbotham missed the peg he put in its place a piece of quartering, which has remained in position from that day to this.
— I am, etc., Nemesis. Dunedin, March l6.   -Evening Star, 15/3/1893.

LEITH VALLEY ROAD.
TO THE EDITOR. Sir, —Mr Rossbotham is wrong. Mr Finnerty did not pass round “the hat” for the first survey. It was I, for I gave a lecture, the proceeds of which went towards that survey; and through the unanimous efforts of the people in the Valley the desired object was attained.
— I am, etc., Benjamin Button. Dunedin, March 16.  -Evening Star, 17/3/1893.

LEITH ROAD DISPUTE.
TO THE EDITOR. Sir, —Mr Rossbotham's letter in your issue of the 15th is not an answer to, but a confirmation of, my letter of the Saturday before; but from it I think your readers will see that his letter of the 4th was intended to mislead. 
With reference to the main point in dispute — viz., the peg-shifting — I propose to lay before you what I find to be the prevailing opinion with reference to the facts, based principally on the personal knowledge of persons whose evidence I consider in every way reliable, and must leave it to Mr Rossbotham to set himself right with his neighbors if he thinks the case as I lay it before you is not correct. Some years ago Mr Rossbotham was the owner of some land fronting the Leith road and a section at the back, on which the Falls are now found to be situated. Through some unfortunate circumstance the back section slipped through his fingers, and more recently was bought by Mr M. Finnerty. The road to the back section is through the land still held by Mr Rossbotham, who has it fenced in as a part of his paddock. When Mr Finnerty bought he reasonably wanted access to the back section, and as he only knew of some of the pegs on the road, but did not know of the exact position of the road in other places, and also anticipated trouble from Mr Rossbotham if he got off the legal line in forming a track, he applied to the Borough Council for assistance in surveying the road, which application the Council declined. A day or two after the Council meeting Finnerty and his mate happened to be on the property, when they saw Mr Rossbotham going slowly up the hill with an axe in his hand, and apparently looking for something on the ground, and when he got to where they knew a peg to be, he carefully examined it, and commenced to chip the number and mark off the sides, and then pulled it up and threw it away. The men at once called out to him, and, going over to him, charged him with destroying the peg, which he stoutly denied, and after some sharp words, probably on both sides, he went home again. When the men looked for the hole where the peg had been taken from they could not find it, and it was afterwards found that a small dead branch had been put in and the hole filled up. They then picked up the chips that had been cut off the peg, and afterwards found the peg itself. Mr Finnerty then made a complaint to the Council, and a committee was appointed to inquire into the matter. The Committee met on the ground, and Mr Rossbotham pointed out a place which he said was the position where the peg had been; but Mr Finnerty denied it, and pointed out another place a few feet away, which, I understand, was believed to be the proper position. I am told Mr Rossbotham first denied, but afterwards admitted, having destroyed the peg, but tried to excuse himself on the ground that he thought it was only a peg showing some internal position on his own land; and he never even hinted that he did it "inadvertently while cutting a track to follow his cows," as now put forth by him through his wife in her letter in your issue of the 8th. This idea is believed to be an ingenious afterthought, especially as the statement that it was "far in in the bush" is certainly untrue, as the position is in an open place, exposed to view from all round. The Committee reported to the Council, and the decision arrived at at the previous meeting not to assist in the survey was now overturned, and an amount voted to assist Mr Finnerty in getting his road; but, as the amount was not sufficient, and Mr Finnerty was too poor to add the balance necessary, the matter remained in abeyance until the sympathising neighbors (through Mr Button) subscribed the balance, and a survey was made, when it was found that Mr Rossbotham's house has been built on the road. Hoping that if there is any error in this version of the affair Mr Rossbotham will show what it is
— I am, etc., Leith.  Woodhaugh, March 18.  -Evening Star, 20/3/1893.



LEITH VALLEY ROAD.
TO THE EDITOR. Sir,—There is not nor never has been a dispute on the above road, for if the Council do not accept the deviation my husband is giving them, and which is a much better grade than the original survey, he will shift his house. As for the "peg" punishment "Leith" would mete out, it has long ago been expiated, when a committee of the Council, headed by the mayor, my husband, and his accuser, visited the spot, and the whole matter was fully gone into. Is it not a little surprising that "Leith" has no condemnation for the man who bodily carried off the peg and kept it for nearly two years to hurt a man who had often befriended him? But such, Mr Editor, is poor miserable human nature.
Now if "Leith" wants his letters replied to he must write above his name, or else plead guilty to the indignity of being bested by a woman; for, like my husband, I decline to answer further an anonymous correspondent. 
—I am, etc., Kate Rossbotham, Leith Valley, March 30.  -Evening Star, 4/4/1893.

It was in January 1895 that a man named Thomas Jenkins was killed by falling from the first waterfall.  His story can be found here.



NICOL’S CREEK WATERFALLS.
TO THE EDITOR. Sir, — I notice a letter in your issue of to-day with reference to a charge being made from visitors to the falls, and asking for information. I may be permitted to inform your correspondent that the land on which the falls are situated does not belong to the Government, but to a worthily respected and hardworking settler, who, I suppose, finds it difficult these hard times, and with a family of about a dozen, to make both ends meet, and is adopting this method of deriving a little revenue from his land in return for his care and labor in preserving the beauty of the falls and creek; a matter which I think even “R. W.” will admit has been neglected too long. Even the track leading up to the falls which “R. W.” refers to as “the public road” is the private property of another owner, who fenced up the entrance to it some years ago, after which another entrance was effected on the other side of the creek.

I was glad to notice that “R. W.” did not begrudge the 6d charged, and from my personal knowledge of the family can assure him that it will be put to a good use. It does not appear to me to be quite clear what visitors found to “disgust” them, unless it was the fact of their having to “part” 6d. I am sure it could not have been anything connected with the woman who would be there to collect it.
— I am, etc , Fern. Woodhaugh, December 14.  -Evening Star, 17/12/1895.


The question of access to the Falls through the Rossbotham property was an ongoing one.

MAORI HILL BOROUGH COUNCIL.
The ordinary meeting of the Maori Hill Borough Council, held last evening, was attended, by the Mayor (Mr W. Aitken), Crs Butler, Tanner, Pollock, Powell, Atkinson, Stevens, Booth, Aaskoy, Passmore, Buist, and Robertson.
Mr M Finnerty requested the council to open up the road to his property. 
Cr Butler moved — "that Mr Rossbotham be requested to remove his house and other obstructions at present erected on the road line."
Cr Powell seconded the motion, which was carried after a lengthy discussion.  -Otago Daily Times, 21/8/1896.


The Hon J Gavin Duffy
An Interview  (excerpt)

At Rotorua I was struck with the tupenny-hapenny charges that were made whenever you put your foot inside any fence, and I was pleased to be present at the opening of the Whakarewarewa Reserve, to which admission is free. Tourists do not mind spending a few shillings here and there, but when the thing is carried too far one gets the idea he is being 'done.' In Dunedin I find the same thing obtains. In the Leith Valley you have a lovely waterfall, but when you go to visit it someone at once demands a silver coin from you — by what authority it is hard to learn, — and in return you get only the right to enter the ground; one has to find for oneself the way to the waterfall, for there is not even a guide-post to show the way. One would think the municipality might step in in a case of this sort, and if there are any legal rights compensates the owner and make conveniences for the public visiting a beautiful spot of the kind. I can assure you, if we had that waterfall within 10 miles of Melbourne we would put things on a very different footing.

The Hon. Mr Duffy, with Miss Duffy, leaves in the Mararoa on Monday for Melbourne.  -Otago Daily Times, 6/2/1897.


Correspondance Condensed
M. Finnerty (who is apparently the owner of the land on which are situated the Nicol's Creek Waterfalls) takes exception to our remarks when commenting on the Hon. Mr Duffy's utterances on the subject of our natural beauties. Mr Finnerty asserts that for years there has been a good road to the falls; and in reply to our remark that a private person has been allowed to get possession of the land on which they are situated, says the reason is that "so long as you [the "you" presumably being the public] have been allowed to go scot free you did not care who the falls belonged to." Mr Finnerty further says that for years local residents have been allowed to destroy and carry away ferns and all that goes to make the place lovely, until it is almost denuded, during all which time we have never complained of the road being bad or advocated the spending of a single penny in their improvement.  -Otago Daily Times, 20/2/1897.


BOROUGH OF MAORI HILL. 

NOTICE IS HEREBY GIVEN, pursuant to the provisions of "The Municipal Corporations Act, 1886," that on the Seventh day of APRIL, 1898, a SPECIAL MEETING of the Council will be held in the Council Chambers, Maori Hill, at 7.45 p.m. on that day, for the purpose of CONFIRMING a SPECIAL RESOLUTION, intended to operate as a special order, adopted at a Special Meeting of the Council held on the 3rd day of March, 1898, in the following terms, viz:— 

"Resolved, by way of special order made pursuant to 'The Municipal Corporations Act, 1856,' and of all other powers vested in the Council in that behalf — 'That the course of the street through Mr Robert Rossbotham's land, being Section 72. Block V, Dunedin and East Taieri District, be altered or diverted as shown on the plan thereof deposited in the Office of the Chief Surveyor at Dunedin as D43; that such parts of such street as are no longer required for public use and coloured green on such plan be sold by the Council to the said Robert Rossbotham, the owner of the adjoining land, for a price to be fixed by a competent valuer appointed by the Council to value the same, and that the seal of the Corporation be affixed to the conveyance thereof.'" 

CHAS. GRATER. Town Clerk. Maori Hill, 4th March, 1898.  -Otago Daily Times, 12/3/1898.


MAORI HILL BOROUGH COUNCIL (excerpt)

Mr O. D. Wilson wrote withdrawing his offer to sell the piece of land he offered in Leith Valley for road purposes. —Received.
Mr R. Rossbotham wrote for a level crossing over the district road at his place.
Mr M. Finnerty wrote requesting permission to form a road near the place referred to by Mr Rossbotham. — The request of Mr Finnerty was granted, and Mr Rossbotham was referred to Mr Finnerty to make arrangements about the crossing.  -Otago Daily Times, 7/5/1898.


With this report, the Finnerty family might seem to have finally succeeded in their struggle to achieve easy public access to the Falls.  But things took a sinister turn.

INQUEST ON A FIRE.
Mr Carew and a jury of six (of whom Mr William Mackay was foreman) held an inquest to-day at the Magistrate’s Court with respect to the burning of the Waterfalls Refreshment Rooms, the property of Robert Rossbotham, on the evening of the 9th inst. Chief-detective O’Brien conducted the proceedings on behalf of the police. Robert Rossbotham, settler, residing at Leith Valley for a number of years, said that he owned a building at Nicol Creek known as the Waterfall Refreshment Rooms. It was situated at the corner of the main road up the Leith Valley and a track leading to the Waterfalls. It had been unoccupied from about November last. It was of wood, containing five rooms and a lean-to. He last saw the property intact about six or seven o’clock on the evening of the 9th inst. He lived within sight of the building. At a quarter-past eight he saw the place was on fire; flames were coming through the roof. Being in bad health that evening he did not go to the fire. A day or two afterwards he went and saw the ruins, going with a Mr Tanner, who called to ask about buying the iron. When he saw the glare of the fire he did not notice anyone moving about. The place was not insured. He valued it at £100, parts of it being old. The last tenant was Mr Michael Finnerty, who now lived immediately behind witness’s place. Before Finnerty left he and others complained against witness to the Society for the Prevention of Cruelty to Animals, alleging that his place was overstocked. That and other matters created a bad feeling between Finnerty and witness. Witness was not aware that that bad feeling extended as between himself and others of his neighbors excepting those who had complained against him. Mr Aitken and Constable Nolan reported that the place was not overstocked; thus showing that the complaint of Finnerty and three others was a pure concoction. Witness gave Finnerty a week’s notice, regarding him as a dangerous man, but he afterwards allowed Finnerty a month’s grace. At the Finnertys’ there were eighteen persons living, this number including Mrs Finnerty’s children by her first husband, named Hunt. Finnerty used his place as a refreshment room. Persons going to the falls had to pass through a portion of witness’s land. Finnerty demanded sixpence a head from persons visiting the falls. That was done against witness’s wish. Finnerty used to post his children to ask for the sixpences. The falls were on Finnerty’s ground. There were one or two other roads to the falls, not through witness’s property, but they were not made, and were inaccessible. Witness had told the people about that he would put a man into the refreshment room to collect the fees. To that witness attributed the fire, believing that Finnerty thought that if the refreshment rooms were away he would have a clear hand. Witness could not say what these fees were worth. Finnerty’s family had a spite against witness in consequence of their dogs. The dogs killed witness’s stock, but they had never paid him for the damages. 
The Coroner: The feeling, one would think, would be the other way. 
Witness proceeded to state that he had had several cattle killed by neighbors’ dogs, and his orchard was raided, and he was perpetually annoyed by trespassing. He could not, of course, prove who did these things. He had never quarrelled with the Finnertys about the trespassing. He was frightened, indeed, that they would set his own place on fire.
The Coroner: Did they ever give you any reason to fear this? Did they ever threaten you? 
Witness: Oh, no; they are too cunning for that.
Augustas Sourdon, a wood carter residing at Leith Valley, said that he was in town with a load of wood on the 9th and returned home between six and seven o’clock. He gave three of the Hunts and John Perry a ride up the Valley. Perry had been with him all day. The Hunts were William, Thomas, and Charles. He met them near the junction of George and Duke streets. He dropped them at his house, about ten minutes’ walk short of the refreshment rooms. The four of them went on, the three Hunts one road and Perry by the other. The Hunts went towards their home. In order to reach their home they would have to pass the refreshment rooms. He saw no more of the Hunts that evening. Perry came down to his place abont half-past seven or a quarter to eight and stayed there till about half-past nine. A man named Scofield said that he had seen a reflection of fire, and he and witness and Ferry went up the road and saw the refreshment rooms burning. They saw no one about the place. A settler named Maxwell and Mrs Harbour, who lived close by, were at their own places, and these were the only persons witness saw near. No one was trying to put out the fire. The Hunts to whom he gave a ride were not very drunk that afternoon. A couple of them, William and Thomas, had had a drop of drink, but they were not very bad. Charles Hunt and Perry were sober. They talked about nothing in particular; they said nothing about Rossbotham or the refreshment rooms. 
John Perry, laborer, residing at the Leith Valley, said that he was the man mentioned by the last witness as having got a lift in the dray. He had heard the last witness's evidence, and agreed with it,  and had nothing to add. He knew nothing about the fire. 
James Tabar, wood carter, said that he lived something more than a quarter of a mile this side of the refreshment rooms. On the evening of the 9th William Finnerty and Thomas Hunt called at witness’s place. It would be hard on to seven o’clock when they called. Hunt said they wanted to rest a bit. They were lying on some cut wood in a shed. He said “All right; you’ll do no harm.” Witness wondered how they had found their way so quietly to where they were. They could not have been much under the influence of drunk. They often called at his place to change their dirty boots for cleaner ones before coming into town. Hunt said, that Charley and Jimmy — meaning two more of the brothers — were coming to meet them. Both Charley and Jimmy Hunt came, about seven or half-past. Witness could not say exactly the time; he had no clock. When the two other brothers came they all went away together. They went up the road. He understood that they were going home. It would take them perhaps a quarter of an hour to go as far as the refreshment rooms. There was no talk about Mr Rossbothain or his place.
To the Coroner: Witness was on good terms with Rossbotham, who was not, witness thought, the kind of man to have many enemies.
Charles Hunt, laborer, said that he resided with Finnerty, his stepfather. He was in Dunedin on the 9th, and rode home in Sourdon’s dray with his two brothers and Ferry. On leaving the dray he stood talking for about ten minutes, and then went up the valley as far as the bridge near Rossbotham’s refreshment rooms. He went as far as the bridge in Mr Butler’s dray. On getting out he met his brother Jim, and they went back to look for the other two. He had thought they were ahead of him, but learning that Butler had not seen them he went back to see if they had stopped at Tabar’s, which was a usual stopping place for them to change boots and so on. Witness and his brother met the other two, and they all went home together. They stopped a few yards above the refreshment rooms, where there was an old dray by the side of the main road. Witness had put some parcels into young Butler’s dray, and asked him to drop them at the bottom of the hill. That was where the old dray was. Witness stopped to pick up these parcels, and then went up Sourdon’s sledge track, about two chains away from the refreshment rooms. He left his brothers at the corner of that track and went home. The reason of parting with his brothers was that they were camping in the bush. They would keep to the main road for two or two and a-half miles. Witness could go home in about twenty minutes. He did not see the fire, nor did he hear of it that night. He saw no sign of fire about the refreshment rooms as they passed. They did not call at the refreshment rooms for any purpose. He saw no more of his brothers that night. Witness was not merry that day; his brothers had had a drop, but were not bad. The three of them were summoned for being drunk that day, and were all fined. So far as witness knew his family were on good terms with the Rossbothams; there was no reason to be otherwise. Witness had not collected money from persons visiting the waterfalls, but he thought there was a toll put on by his people. Witness was a smoker and carried tobacco and matches.
Sydney Maxwell, settler, said that his house was seventy or eighty yards from the refreshment rooms, on the opposite side of the stream. He thought, from a guess afterwards, that the time of the fire was approximately a quarter to nine o’clock. He went as far as the bridge and saw no one about the burning building. He had seen swagsmen about the place, but had not seen the doors or windows open. Some of the windows were, he thought, broken. 
William Hunt, laborer, said that after leaving Sourdon’s dray he and the others had a sleep on the road and then went to Tabar’s shed, where they had a sleep. Charley and Jim joined them, and they went together as far as the track to the house, where Charley left them, and the three others went straight up to the camp. They saw no one about the refreshment rooms as they passed. They did not themselves call at the refreshment rooms.
George Butler, settler, living about two miles beyond the burnt place, gave evidence as to giving Charles Hunt a lift in his dray. The verdict arrived at after five minutes’ deliberation was: “The jury are unanimously of opinion that the place was wilfully set on fire by some person or persons unknown, but that there is not sufficient evidence to point to any particular party.”  -Evening Star, 26/7/1898.

A lot to take in.  One interesting thing to note is that Michael Finnerty was the last tenant of the late refreshment rooms.  This dates the house which he built near the Falls quite accurately.  It would seem that the ending of the tenancy was the beginning of bad feeling between the Finnertys and the Rossbothams.  The exact location of the burned building is uncertain, but I think I know where it might be.  To prove it, however, would involve work which is better left to a professional.

The wrangling over access to the Falls continued...


At the City Police Court yesterday morning, before Messrs G. L. Denniston and W. A. Walton, Elizabeth (20) and Isabella (15) Finnerty were charged with wilfully trespassing upon Nicol Creek Waterfalls, the property of Robert Rossbotham, in Leith Valley. Mr Stamper appeared for the complainant. — The girls were undefended, and stated that their father and mother were away from town and would not be back for some time. — Mr Stamper said the absence of the parents should not affect his client's interests. The girls were in the habit of taking visitors through Mr Rossbotham's property to the Nicol Creek Waterfalls. The complainant had suffered grievous injury through some person or persons trespassing. Fences had been cut, padlocks broken, a peacock killed, dogs stolen, and he had suffered general annoyance. — At this stage Mr Hanlon interposed as amicus curiae, and said that he and Mr J. F. M. Fraser, who was also in court, had thought it only right that an adjournment should be granted to these young girls. He had also just heard that the girls were only summoned on the Saturday, so on that ground alone they were entitled to an adjournment. Notwithstanding Mr Stamper's objection, the Bench remanded the case until next Friday week.   -Evening Star, 24/1/1899.

City Police Court
The Waterfalls Trouble.—Elizabeth and Isabella Finnerty were charged with having, on January 7, trespassed on sections 71, 72, and 73, block 5, Dunedin and East Taieri district, the property of Robert Rossbotham, and did refuse to leave the same when requested to do so. Mr Stamper appeared for the prosecutor, and Mr Hanlon for defendants, who pleaded not guilty. — Mr Stamper, in opening the case, said that defendants were in the habit of meeting visitors who wished to go to the falls at the foot of the road at the bottom of Mr Rossbotham's premises, and taking them up the road to a certain point, where, instead of continuing along the road-line, in order to avoid an ascent, they cut across plaintiff's paddocks. In addition to that, they loosened the staples and wires, and in other ways interfered with the fence. — Mr Wills: Did the girls cut the wire? — Mr Stamper: Yes, certainly.  Mr J Hanlon: On the day in question? — Mr Stamper: Yes, not only that, but they charged for taking visitors through to the waterfalls. On this day thirteen or fourteen visitors went through plaintiff's premises to the waterfalls. There was a proper road, but they would not keep to it. Defendants had been warned over and over again to desist, but with no effect. Mr Rossbotham had told them that the first time they trespassed in the new year they would be summoned. — Prosecutor gave evidence in support of the counsel's opening statement, and in crossexamination by Mr Hanlon admitted that he had fenced across a road by permission of the Maori Hill Borough Council, and, so far as his memory served him, he believed that permission had since been withdrawn. Within an hour on the day in question the two defendants earned 9s by taking visitors across his land to the falls. — Evidence was also given by Mrs Rossbotham and Michael Rossbotham. — Mr Hanlon said there had been a great deal of trouble between the Finnerty and Rossbotham families in connection with road-lines to the waterfalls, which were on Finnerty's property. Mr Rossbotham had collected toll from people passing up the creek, but when the house which was used for that purpose was burned down he ran a barbed wire fence across the creek, and so prevented people going up that way. Mr Finnerty had a large family and it was neccessary to make all he could out of his property. He had endeavored to get the Council to open the road-lines, which were his by rights, running through Rossbotham's property, and the Council had insisted upon this being done; but plaintiff refused to do it, because the most convenient way to the waterfalls was through his property. On the occasion in question one of the defendants went up with visitors, and, instead of going through the gate leading to their own property, they went through the fence into Mr Rossbotham's property. But they did so owing to Mr Rossbotham's wrong-doing in obstructing a road-line which was Mr. Finnerty's by right. Counsel submitted that so long as plaintiff chose to try and take away the paltry earnings from a poor family by blocking up the road he could not come to the Court for redress. He admitted that technically a tresspass had been committed, but it was one for which they should not be punished in any way. No injury was done to the propery, and no penalty should be inflicted. If Mr Rossbotham wanted a penalty imposed to keep the Finnertys off his property, he must first comply with the law and take away the obstructions from across the road-lines. — Elizabeth Finnerty deposed that she was not on plaintiff's property on the date in question. She met the visitors at the gate leading to her father's property, and took them through her father's property to the falls. Her brother and sister had brought the visitors to where, she (witness) met them. The Bench, after consideration, intimated that they had come to the conclusion that a technical trespass had been committed, but no penalty could be imposed. Mr Rossbotham would require to remove the obstructions on the road. That being so, the case would simply be dismissed. If Mr Rossbotham felt aggrieved, he must first of all remove the obstructions before he can succeed in a case. They quite agreed that a trespass had been committed, but still they could not see how it could very well have been avoided with the obstructions to the road.  -Evening Star, 8/2/1899.

TRESPASSING AT THE WATERFALLS.
TO THE EDITOR. Sir,— In your issue of last evening Mr Hanlon insinuates that my husband brought the girls Finnerty to court because their parents were away, which is not true; indeed, the first we heard of their parents’ absence was in court. They were summoned for the 7th January, because on that date they were more than usually defiant and abusive, more especially the younger girl. Mr Hanlon’s “rights” as to title and right will vanish into thin air before Her Majesty's Crown grant. The father of these girls has annoyed and injured us for years about a road which he and the Borough Council accepted in April, 1898, and which he, his family, and visitors will not now keep to, but insist on crossing over our paddocks.
— I am, etc., Kate Rossbotham. Leith Valley, February 2.  -Evening Star, 4/2/1899.

Another old identity, in the person of Mr Robert Rossbotham, has passed away, his death having taken place this morning at the age of seventy-two. The deceased gentleman was born in Belfast, Ireland, and left his native town when nineteen years of age for America, where, after remaining for two years, he proceeded to Australia. He first of all went into business at Bendigo in the days of the gold rush as a contractor, and was afterwards appointed manager to T. Robinson and Co., implement-makers, at Ballarat, He was also in Melbourne for a time, after which he received orders by the same firm to proceed to Dunedin, where he arrived about 1868. While here he severed his connection with the firm in question, and went in for railway contracts. His next venture was the engineering line, and for some time he carried on a foundry, where Messrs Cossens and Black’s premises now stand. In the early days he took an active interest in political and municipal matters, and contested more than one important election, but without success. Some fifteen years ago he retired into private life, and settled down in the Leith Valley, where he was particularly well known in municipal affairs. Two years ago he left the Valley to reside with his brother in Heriot row, where his death took place after an illness of only two days. Deceased leaves a wife and two sons to mourn their loss.  -Evening Star, 8/6/1901.

THE WATERFALLS - NICOL CREEK. 
TO THE EDITOR. Sir,—Can you inform me how it is that the waterfalls and Nicol Creek came to be rested in a private owner. It was a most unfortunate, not to say short-sighted and blundering, transaction that enabled such a thing to occur, as witness the destruction which is taking place of the native bush surrounding the creek and falls. Anyone who takes his stand on one of the hills overlooking the spot can see the havoc that has been made of what was undoubtedly the prettiest spot in or about Dunedin. It is not too late even now for steps to be taken to save what remains, if only the powers that be will move at once in that direction. 
— I am, etc., Dunedinite. September 2.   -Evening Star, 3/9/1901.

Mr J. L. Passmore (Mayor of the Maori Hill Borough Council) stated at last night's meeting of that body that when visiting Wellington recently he had approached the Tourist Department in reference to the Council's request to the Government to take over Nicol's Creek waterfall locality for the Scenic Department. He had been informed that the Commissioners would report re the matter on their first visit south.   -Evening Star, 24/6/1904.

NICOL CREEK. 
TO THE EDITOR. Sir, —Having read your report of the annual meeting of the Conservation Society, in which mention is made of Nicol Creek, it seems to me that there is some misconception in regard to what was proposed to be taken, otherwise the paltry sum (£600) would not have been mentioned.  
According to plan shown, it is proposed to take a strip about three-quarters of a mile up the centre of these properties, comprising twenty acres, which works out at £30 an acre, and seems a good price at first sight. My section (105 acres, containing the Falls) is twenty-four chains wide, and it is proposed to take eight chains out of the centre, leaving eight chains on each side, which would be almost valueless. This alone, I think, should justify more being paid, not to mention the Falls, for which a charge is made. It would be very different were the whole of the land taken, in which case the owners would be found reasonable. There are nearly 400 acres in Nicol Creek Valley, which would make the most attractive resort in the Dominion. From newspaper reports some time ago people were led to believe that the Falls were public property, which causes a great deal of annoyance, as pedestrians sometimes go back after walking a long way.
— I am, etc., The Owner. March 2.   -Evening Star, 4/3/1908.

Funeral notice 
The Friends of Mr MICHAEL FINNERTY (and Family) are respectfully invited to attend the Funeral of his late WIFE, which will leave his Residence, Glenleith, Leith Valley, 
TO-MORROW (FRIDAY), the 18th inst, at 2 p.m., for the Northern Cemetery.   -Otago Daily Times, 17/2/1916.

FIELD CLUB NOTES.
By G. M. Thomson, F.L.S  (abridged)
The charm of one of the most attractive spots near Dunedin has been destroyed, and the people who are most interested in its natural beauties — which are unexcelled by any other city in Australasia —have quietly acquiesced in its destruction. Nichol's Creek waterfall was a most charming spot before the hillside in which it is situated was sold and the bush destroyed. And destroyed for what? To furnish a few acres of steep, miserable grass-land on which a few cows might make a scanty living. The average bushman or the average milkman — as far as the amenities are concerned — is a vandal. The civic authorities — with no vision of the future — have allowed the greater part of the western side of the Leith watershed to pass into private hands. The annual shrinkage of the water in the Ross Creek reservoir did not awake in the minds of councillors of former days any forebodings as to the probable drying up of the hillside, and they allowed the property to pass into private hands and the bush to be destroyed before any one woke up to the necessity of conserving it, if only as a source of water for the city. What has been bought back of the Ross Creek water-catchment area — at a great cost to the community — will take many years to re-cover its water-conserving power, and though it may yet become an attractive place, its beauty as a piece of native bush is gone for ever, for it is now planted mainly with introduced trees. To restore Nichol's Creek to its primitive beauty, if possible at all, will take fully half a century. Yet it is worth doing for the sake of the future residents of Dunedin. The whole catchment area should be acquired and proclaimed as a reserve, close fenced, suitable paths made through it, and the whole planted with native shrubs and trees. Birds would help to fill it with fuchsia, hinau, mako-mako, and other succulent-fruited plants, and all the supervision needed as far as vegetation is concerned, would be to prevent elderberry from acquiring a dominant position among the trees, and to guard against fires.
But there is another protection needed, in which unfortunately the law is not drastic enough. When scenic reserves are secured and are expensively fenced, then unscrupulous people, whose properties border on them, instead of protecting them as they ought to do, are sometimes found to be preying on and destroying them. The last time the Field Club went through the fine bush reserve at Ravensbourne the members were disgusted to find a number of calves being pastured there. The miscreant who turns these cattle in is perfectly well known, and after due warning he should be pilloried. The departmental officers who have charge of these scenic reserves have been practically defied by this individual. They have power to pound his cattle; but what is wanted is power to shoot them. They destroy the undergrowth and nullify the efforts which are made to conserve the bush. If the residents of Ravensbourne who purchase milk from this individual were notified of the damage done to this fine public reserve, they would probably boycott him sufficiently to convince him of his public misdemeanour.
It is sad nowadays to go to Nichol's Creek waterfall, and — after paying toll to a modern shepherdess, who reads novels in the intervals of extracting sixpences from an acquiescent public —to climb laboriously up a creek bed from which much of the natural beauty has departed, to see a very much diminished stream come trickling over the face of the cliff. The thick umbrageous covering of trees and ferns has nearly disappeared, the stones are bare of the glorious masses of mosses, liverworts, filmy ferns, orchids, and oxalis, which used to mantle them, and Ichabod is written over all. It was pleasant, however, last Saturday afternoon, to hear the songs of some native birds, and to note that some of them are still to be found round Dunedin. And so I think this note might be devoted mainly to bird-song, of which unfortunately not enough is known, especially by our young people.  -Otago Witness, 4/10/1916.

LATE ADVERTISEMENTS. 
A BOTTLE of MORRIS'S Magic Electric Wash for accident has no equal in immediate danger. 
IT'S a Gospel Truth: No Preparation upon the market, has or can excel MORRIS'S Healing Remedies. 
DON'T FORGET.—Forget What? Accidents will happen. Be prepared with supply of MORRIS'S Magic Healers.— Grocers.
Visitors to Nicholl's Creek Waterfalls, Leith Valley, admitted FREE OF CHARGE. Please use creek road to waterfalls. Picnics not allowed.   -Otago Daily Times, 17/4/1919.

CITY WATER SUPPLY
MR COUSTON'S REPORT  (excerpt)
The following is the test of the report by Mr B. Couston, one of the two engineers appointed by the City Council to report on the Dunedin Water Supply.
Two creeks further down is are Nichol's Creek and Mount Cargill  Creek, both good streams at their interrsection with the Leith; but as it would be necessary to extend pipe lines up both creeks to the level of Morrison's Creek intake, to enable the supplies to be taken it conjointly with that supply, and necessary also to acquire the freehold, whilst indicating the source from which temporary relief might be obtained, I do not recommend their permanent taking, unless a supply from an outside source is ruled out, particularly as I recognise that the limit has been reached to which the Leith can be deprived of its waters lower down.   -Evening Star, 9/9/1920.

BEREAVEMENT NOTICES. 
THE FAMILY and BROTHER of the late MICHAEL FINNERTY sincerely wish to thank all kind friends and relations for kind expressions of sympathy shown in their recent sad bereavement.   -Otago Daily Times, 13/12/1929.


CITY WATER SUPPLY
200,000 Gallons A Day From Nichol's Creek 
When the piping of Nichol's Creek was completed and the water was taken into the Dunedin supply, 200,000 gallons a day were added to the amount of water available. A statement to this effect is made by the Water Committee in its report to the City Council. The quantity from Nichol’s Creek, which is in the Leith Valley, will be greater during freshets. Bacteriological samples of the water have proved satisfactory. The work cost a total of £3550. 
The city water storage gained 12,670.000 gallons from 8 a.m. on Monday morning to the same time yesterday, when the total quantity in the reservoirs stood at 141,836.000 gallons. The reservoirs will probably fill after yesterday’s rain. When full, they hold 149,000,000 gallons. The Water Committee is watching the position carefully, and will take any action deemed necessary to safeguard supplies.  -Otago Daily Times, 3/11/1950. 













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