Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-12-17
DEBRIS,
TWENTY-FIVE DAY OF THE sLIcKENs
CASE IN COURT.
Testimony for the Defense-soms History
of the Mining on the North
Fork Of the American,

The slickens case-The People of the State
of California VS.. the Gold Run Ditch and
Mining Company-was resumed yesterday at
$50 A. NJ, in Department Two of the Superior
Court, Hon. Jackson Temple presiding.
George E. Fl. Betten resumed the stand.
Cross-examined by Mr.. Byrne:
| Qnestion-Prior to the time you took the
stand yesterday, had you ever conversed with
me in relation to what your testimony would
be in this case?
| Answer had not.
Q.-Had you conversed with any attorney
in this case?
/ A.-No; did not. I have been in the
claim several times. and have obtained
what occasionally was the size of the giant.
/ believe the number of the giant is 2, but
it does not make SO much difference about
the size of the giant. it is principally the
nozzle attached to the giant that the water
discharges through. AS to the exact size of
the nozzle could not be very positive. I
think the last time | saw it It was about FIVE
inches. | have worked continuously in
hydraulic mines since 1868. Ihave used the
! giant since 1863. Water is always measured
before it enters mine. and never after it
leaves it. Here witness described the use of
the giant and the amount that would be dis
charged under a given pressure.l 1 have
tended pipes and giants for the last ten years.
Mr.. Byrne-I wish to offer deed which
| omitted yesterdays deed from William
Judd and Others composing the Miners
Ditch Company, to the Gold Run Ditch
and Mining Company, dated the 18th day of
August. 1870, conveying the property known
as the Miners Ditch, which is part of the
ditch of the defendants at this time.
H. L. NoIEs
Sworn Ito Mr.. Byrne)-I live at Gold RIM
Placer county, and my occupation Is that Of
a miner. During the last year 1 have been
mining in the Excelsior mine, owned by s.
Y. Haisey, In the capacity of foreman. I
was working in that mine from February to
July.
Q--Do you know how much water was
running in that claim or was used In that
mine ON the 18TH day of June, 1881?
Al do, sir.
Q.-How do you know It?
A.-By the fact of being foreman of The
claim, and have memorandum which I
have to keep in my time-book of the amount
OF water bought and run at that time.
Q.-What was the greatest quantity of
water bought and run in that claim on that
day:
A.-You mean the number of miners
inches?
| MIR. Byrne-Yes, sir.
-Vhera vvas Sn0 ,o;,o,,
from the Miners Ditch, according to miner
| measurement.
Q-Now L want you to describe to the
Court the measuring box that is used at the
mine.
A.-That is box that is set beside the
mining ditch, and it is connected with ditch
on dead level, averaging from twelve feet to
| sixteen feet square. There is no particular
distance IN regard to the length or breadth.
There is an aperture generally of four inches.
The water IN the measuring box is supposed
to be still.
j. F. TALBOT,
Sworn and examined on behalf of defendant
by Mr.. Bgrne, testified as follows: I came
to California In the spring of 1850 and have
been engaged since that time in mining. I
first went to Placerville, but in January. 1851.
| went to Placer county and mined at Grizzly
Canyon. mined in the spring and summer
OF 1901, the latter part Of the spring in the
neighborhood OF Yankee Jim's. In the
spring of 1852 | was prospecting and dis.
covered the diggings at Indiana Hill. and
mined there until 1856. WITNESS no ,
out on the map the point at which he first
made the discovery.l L made the discovery
of the Indiana Hill gravel bed in Nav or
June. 1852. The Gold Run mining district
was formed in 1852.
z. (by Mr.. Byrne)EWhen was work COM
menced upon the claim now known as the
Gold Run mine?
Mr.. Hart object to that, as immaterial.
The Court suppose you might make
statement broad enough that counsel can adj.
nit the fact although they deny the force and
effect of it.
MIR. Bayne-We propose to show BY this
witness that work was commenced in that
particular claim in 1852, and that it has been
continued from that time ever since, in the
same way and manner, with the same outlets
and the same or similar places of discharge.
The Court-And you propose to follow that
up by like proof of all the claims that Won
have; that they were located about 1852
that they had been mined ever since: that
they have discharged their dump matter into
Canyon creek and then washed down into
the American river, and that they have
mined with water-I suppose that is the
idea?
MIR. Byrne-At hrst L will say to your
Honor that the surface of the Indian Hill |
claim was washed through Indiana ravine, di. |
rectly into the North Fork, but that the |
other claims-the Church, Golden Gate. Tav- |
lor and North Star, and other claims |
washed into Canyon creek, and now the H. |
diana Hill, since the construction of the deem
tunnel, washes into Canyon creek.
The Court suppose it is likely thew |
could admit that as fact, though Directing |
to it as immaterisl.
Mr.. Rhodss-There viii be no objection to |
Indian ravine.
The Cortland that they located these
claims according to the mining customs. and |
mined them according TO the approved mode.
with water.
Mr.. Rhodes-We, however, object to that
as Incompetent. We can admit that tbev
could prove it by this witness.
Mr. Byrne-H it is proposed to make an
admission of that character, we would like
to reduce it to writing and have it in such
form that the record will show exactly
Leave was granted.
G. Thy Mr.. Byrne)-I understand Won 70
say that you had worked upon the North
Fork of the American river?
Ayes, sir; l did, in 1851. At Hieh
Bar, the particular place where worked the
bar was elevated forty feet probably above
the bed OF the river at that time. and the
work that l saw there principally was con-
fined to washing the surface strata and
covering along up and down the river. At
that particular point the river was pretty
wide and the bar some thirty or forty feet
above the top of them, and below that there
we're places where it was narrow.
WILLIAM VAN vAcToR,
Sworn for defendant, testified: I live at
OVpa n i'll and I'M ~, |
ng. I went on to the North Fork at High
Bar in 1856. I have been interested in mines
IN the North Fork. I worked on High Bar
Until about 1857. Jameson ravine is right .
It the head of High Bar, on the opposite
ide. Jameson ravine is the outlet for
he Iowa Hill mines. I owned a claim !
between Holson ravine and the Jane
on ravine, on the North Fork. In 1876
here were very little tailings in the :
North Fork. They came from the mines q
Dove at Iowa Hill, Independence Hill and .
ther places. A portion came from Gold Run, ;