Weekly Trinity journal., 1857-04-04
COM MUNlCATED

EDITORS OF THE JOJ JRNAI II nOtIce tnat In your
last iSsle your press was stopped in order to in
sert a card fIom the Honorable Jud &c Miller, de-
nying that he ever made any such decision as that
contained iH rly communication, and proncunc-
ing me q base giar and slanderer. AsI am not n
lawyer, and having for some reason been unable
to get etatcsmens of the decision from my attor-
ney, and the JWd &c having refused 10 write out
his decision, / am foacei in justice to myself to
ask you to publish ,ais isco'Nmuncation, containing
n copy of the complaint, the motion, and iudg-
ment rendered therein. ] have no desire to i1t
lure Judge Miller or any other man, ly making
false statement. and isr that reason requested
him to write Out his decision for me, so that there
should be no mistake, my own lawyer having re-
fused TO do it, and was surprised at his refusal,
for supposed he would be glad Of an opportun-
ty to make it favorable 10 himself as the facts
would warrant. 1t is the first time ever saw or
heard of IL Judge being ashamed OF his decisions
or of his getting angry becaHso Of their publ en-
tion. The amendments 10 the law givinH uris-
diction to Justice Courts passed in Aprl So on
page 1873. says that the Justice shall have juris.
diction of an action for damag for injury to the
person. or for taking or dctaining personal prop
crty. or for injuring real or personal property, if
the dana gcs claimed do not exceed two hundred
dsllars. | have obtain, d a copy of the complaint
anOi0n and judgment, which will show what the
acton was. and whether have lied about it
The complaint reads follows James Evans
and David c. Thomas VS.. Kuper & Co. In JUS
tice Court. D. III. II. NOrcrOSs j. p. Weaver town.
ship. Trinity co. SIS. The plaintiff in the above
entitled action complaining of the above defend
ants say that on or about the 9th day of Sepiem-
Der 1857, the plaintiffs purchased of II. Sanders
Hose, and W. l.. Marsh, certain mining claim
known and called ripple, situate in Trnity riv
cr, Trinity CO., and opposite Redding Bar, and
a few days thereafter commenced the construc-
tion of the nee, s'ary works to run wi eel for
the purpose of working the said ripple aud bank
dGgngs, and have from time to time. where the
water was low enough to admit OF working in sad
river continued to work at n, same up TO The
18th of November, 1856 or thereabOuts that Il G
said mining claims Of the plaintiffs as above des
cribed has been worked whenever the same were
workable. by the persons from whom the plaintiffs
derived the title for the last two or three years
And the said plaintiffs further say that on or a.
houtthe said 18th day of November the said de
PENDANTS we'll knowing the rightsof the plaintiffs
commenced damming the sad Trinity river short
distance below and by means of said dam caused
the water in said river to flow or set back up the
GiUer to such extent as 10 prevent the plaintiffs
from continuing their dam and wheel, and from
working their said claims by means whereof the
said plaintiffs have already sustained great dam
age, to wit, $2O0- The plaintiffs further say that
she defendants threaten to continue said dam and
obstruction, notwithstanding they have been no.
titled not to do so, to the damage of the plaintiffs
two hundred dollars, and therefore they bring suit
and pray judgment against said defendant. in the
sum of two hundred dollars and for costs and mon
cy disbursements, in this suit expended, &c. The
complaint was properly sworn to.
Copy Of motion. l-kupcr et al, ads Thomas ct
al Before Justice Norcross, Wpavervile town
ship, Trinity CO., Cal. Aud the said defendants
10y Pitzrr Burch, move this Court to dism
plaintiffs complaint herein for want of urisdc
ton for the following reasons lst. Because it
appears from said Hn"nlsi". ~. 49, I'll, of this
cause will involve WESTON Of the right to Ii,
use OF water, of which justice has 10 ur.sdc-
tlOn. I'd. Because complaint prays for the reno
val or abatenleDt of WHICH Justice has no iuris.
Giction. Pitzer & Bnrch. defts. atys.
LCopy Q JpdgmeW1--J James Evans ana David
C. Thomas We. kuper, Kuper Kuper. County
court Trinity CO.. Jan. term, 1857. Anpcal from
Justice O. IT. T.. NoYeFoss court. And now at
this time this cause coming on to be heard upon
appeal from the judgement of o. H. L. Norcross'
court, Justice of the Peace for Weaverville town
ship, county aforesaid, upon motion of defendants
counsel to dismiss the cause for want OF jursdic-
tion of Justice court in the premises whereupon
the motion is by this court sustained, and the
cause ordered dismissed at plaintiffs costs In
accordance herewith judgment is therefore here
by rendered against said plaintiffs, James Evans
and David c. Thomas and in favor Of kupcr IL
Co., the above named defendants, for the sum of
$I22 20-lOO, being amount Of costs in this be-
half expended and incurred by said defendants.
Judgment entered 9th January, 1857.
[Copy Of dIceptiOns 10 The Judgment flames Ev-
ans and David q. Thomas VS. kuper g. Co. In the
County Court in and for the Cnnnty of Trinity
and State OF California. Appeal from Justice
Court. This cause coming On to liz heard this
9Th day of January, 1851. on mation to dismiss
and after argument Of counsel the Court granted
the motion and ordered the Judgment below to
be reversed and the suit dismissed To which de
cision the plaintiffs by ther attorneys except.
(Sgned) u. ]. MILLER, Go. Judge.
will make no comments on the records, but
leave them to speak for themselves, ! am sorry
that am compelled by proper regard for truth
to publish this record but having been branded
base liar aud slanderer, could not do other
WISE ! am willing to leave it for the public to
Judge whether am base liar and slanderer or
not-Dated Weaverville March 81, 1857.
DAVID & THOMAS