Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-12-22
Mr.. Byrne said that he wished to show by

above. 1t was not a matter of consent with
him. 1t was such matter of general Gus.
tom as made law, and always makes law,
that he could not deny the right of the SUI
perior proprietor, or the person owning the
claim above, to deposit his tailings in that
particular rayine. Ifit was an inconvenience
TO him, it was his misfortune This right Of
miners to dump in the nearest ravine never
was disputed until lately.
The Court overruled the objection, aad
counsel for prosecution excspts.
Witness-I would most certainly have
right to dump into the raYine ana run the
tsilings down on him. / have dumped tail
ings on other miners below. Witness here
described under ss-exsmination places
where one mine dumped on anether.1
John ;. Cclgrovs being called, and sworn
on behalf of the defendant, in response to
questions by Mr.. Byrne testified: Came to
California in 1850; did my first mining at
Coloma, on the South Fork, in 1850; went
to Georgetown about mohth later; mined
on Canyon creek and the revine south of
Georgetown ; that was in the fall of
1850; that ia not the same Canyon
creek that empties into the North Fork.
The Canyon creek at Georgetown empties
into the Middle Fork Went to Pilot Hill
il the winter of 1S50-51. In the spring l
went to work on Spanish Bar in the
Middle Fork of the American river. In the
fall I went to Placerville, but went back to
Pilot Hill in the winter and stayed there dur
ing the winter. Then went to Salmon Falls,
en- the South Fork. Flumed the river there
in 1852 Then came here and built the old
Suwane, House on j street. Mined at Iowa
Hill, and mined there from 1895 to 1858.
Then went to Dutch Flat and remained there
since. There was not mach hydraulic mining
done at Iowa Hill until 1855. They COM
menced, think. in 1854. Have mined in
Ell Dorado and Placer counties. Since 1850
/ have lived about two years outside of min
ing county. L know the customs and rules
and regulations which have prevailed az TO the
location and tenure of mines. I have al
ways understood it to be the custom
of miners to make nse of any ravine, guicb,
or river, or anything where they can dispose
of their material in mining. l know it to be
o universal custom among miners. They
always had right to dump into the nearest
ravine or river. 1t has always been uni
versal custom among miners to dump Whare
they pleased. There is no other practical
way of operating the hydraulic mines of the
State except By the use of water and dump
ing in this way, that know Of have had
an experience of twenty years in mining. My
knowledge of the Gold Run district is very
limited. Superintended claim in that dis
trict for about three months 10 1862. |
think that was about the commencement of
hydraulic mining down there. But very
little had been done before. Probably
six claims were running then. | then
used about 800 inches; only small
hsad. It is necessary to uss much mora nsad
now, because the bottom gravel is so much
harder to move than the top gravel was.
Three bitches came into that district. The
Yuba ditch carries at Dutch Flat 5000
inches. Have 70 idea of the amount of all
the bitches. The water was used for mining
purposes in the Gold Run District. 1t was
not possible to wash out the bottom gravel
before the tunnel was built, because they had
no fall The surface was high enough so that
il would run eff There is great difference
between the upper and lover deposit. 1hs
deposit is much heavier in the bottom.
The channel at Gold Run is clear, regularly
defined old river bed, filed with sand. The
Gold Ruu channel is different from that at
Dutch Flat.
Cross-examined (by Mr.. Hart THE miners
have always dumped their tsilings wherever
they pleased, in any ravine gu!ch or canyon.
A greater portion of the bottom strata at
Dutch Fiat is heavy rock. 1t is blue gravel
and very heavy. They have mined that
heavy material at Dutch Flat since 1850. 10
the Polar Star niue the rocks run from the
size of hens egg up to the size of this room.
I saw one sixty feet long. The fune is five
feet wide and about thirty inches deep
Rocks go through il three feet and q half In
diameter.
Charles II. Carr, called and sworn for de-
fendant, testified rs follows: Reside between
Dutch Fat and Gold Rur, at place called
Squire's canyon; been there siuee 1891
Have lived in Gold Run. My present resi-
l., LIZ y
Run. There was en- Indiana Hill district in
1851. know all the claims that have been
at Gold Run since 1869.
Mr.. Byrne wished to show by this witness
that for thirty years the miners had been en-
joYing this property, with the right to dump
as they do.
Objected to by Mr.. Csdwalader. He ar
zued that there was no statute of limitations
in regard to public nuisance.
Witness-I knew there were mines running
at Gold Run in 1851 I have lived at Gold
Run for number of yeais. The surface Of
those mines was all exhausted about 1873 or
1874. I worked in the Church claim from
1865 to 1873. That claim nov belongs to the
Gold Run Ditch and Mining Company.
owned an interest in the Church claim in
1866. At that time those mines were ex.
sensively worked. About thirty claims were
claim we used 800 inches of water. The
ditches had capacity of about 5000
inches, and it w2s all used in this
Geld Run district. Some Of the mines were
worked nights We did not work the Church
mine nights, for the reason the banks we're so
high that night mining was considered dan
gerous The grade of the boxes was from
nine to twelve inches, aud some of them had
a grade of fourteen inches. All the material
from these mines was washed into the North
Fork. We washed four times as much in
that claim with an inch OF water than can be
washed from the present Indiana Hill mine.
l have been in the Gold Run mine, aud found
they had no dirt and could not get it. In my
mine there was an abundance OF dirt, and
that was of quality easily washed. [ have
been to the Gold Run mine when they were
working, and observed the water coming from
the tunnel clear. When they ere washing
material like this sample Gould No. u it
does not muddy the water at ALL | have
crossed the river at Ford's Bar once or twice
l also have besn, come years ago, across the
river at the mouth of Canyon creek.
The river looks very much different now
at Ford's Bar from what it did In 1886.
A dollhouse stood on the banks of the river
on the road leading to Iowa Hill. This house
stood 75 feet above the surface OF the water.
Just above the bridge that was at least Is
feet deep. Now find that the hole is filed
up and the debris in the river is above the
foundation of the house that | spoka of. |
have always mined 10 Placer county in the
Gold Run and Dutch Flat districts. Last
year but two mines were running in the Gold
Run district-.he Gold Run and Excelsior
mines. Mr.. II. l.. Noyes is the Superintend-
ent of the Excelsior mine.
Cross-examination (by Attorney General
Hart Miners have always been accustomed
to dump their tailings wherever it was most
convenient. ssw the river st Ford's Bar in
1855. Eat dinner at thst point. l crossed
the river on my way to Iowa Hill again in
1856. The water at that time was very clear.
The large pond above the bridge I judge was
Is feet deep. was boy, II years of age,
and went into this pond and took swim.
Court adjourned TO $3.50 A. NJ.
PASSENGER LISTS.
CARLIN, December 21st.-Passed here to-