Sacramento daily record-union., 1882-01-21
DEBRIS,
FoRTY-sEvENTH DAY OF THE s.ICkgNs
CASE IN COURT.
The Prosecution in Rebuttal-Attackinp
the Expert Testimony of the
Defendant.


the prosecution and defense agreed on certain
statistical evidence, to be fled, as to popula-
sion, etc.
Prosecution called J. L. Gould. who testi-
tilted relative to dates of the completion and
purchase of the ditch property of the defend.
ant.
Prosecution called Marion Biggs, Sr.. Of
Butte county Ito Mr.. Hart)-Have lived
there since 1868; half mile from Feather
river and four miles northeast of Biggs.
Came to California in 1850. Arrived ,JuIv
S.h. The character of that river
The defense objected, as not in rebuttal,
Prosecution proposed to show that prior to
hydraulic mining thssriver ran clear, became
turbid after mining began, and comparatively
clear again after it ceased to demonstrats
that the natural wash has not had the effect
ascribsd, and that mining debris does come
down the river directly, and thus to contra
dict the testimony of Mr.. O'Brien and others
Argued at length by Mr. Belcher. Mr.. Hart
Mr.. Csdwalader and Mr.. Wilson.
The Court said these questions were fire.
quently-nearly alwsys-raised iu trials. and
were most frequently left in an unsstisfac-
tory state. more especially as the action of
the Court in the matter seldom forms a prs-
dicate for appeal-for exception, if there is
error. The Court then reviewed the practice
under the authorities aud the rule of evidence
and then the facts as applying in this case
He held that the defense had, in the matter
of accounting for the filing of the rivers. in
troduced new fact (though it was not a new
issue), to wit: that the muddying of the
streams was caused by natural wash, not by
hydraulic mining. That fact tha prosecution
proposed to rebut. He did not think it of
great Importance in view of the proofs already
made. 1t might open broad door and allow
other new facts to be set up and prolong the
trial
Mr.. Hart thought the examination would
be brisf-not so long as the discussion Just
had
The Court fear not" The Court
would sustain the objection TO certain ex-
tent.
Mr.. Hart-This case will finally hinge upon
a fact, whether the filing has been by natural
wash or by hydraulic mining, and we wish to
show that it is not dus to the former, as set
up by defense.
The Court reserved a ruling on the ques-
tion.
Mojor Biggs ito Mr.. Rart)-Know the
Spring Valley mine and ditch formerly the
Cherokee. The ditch empties into Butte
creek in nigh water, and from there iato the
Sacramento river. Know Butte slough.
Know of dams and reservoirs built by the
Cherokee Company TO catch the tailings.
They catch the heavier material, gravel and
sand, etc. They seem TO be working out now
e sort Of pipe-clsy, some red soil. some light.
etc. There was not much blue cement there
then IN proportion TO other. Have seen this
toox q coming down the canal, but without
the large gravel. Some of the small gravel
goes over both dams and down the canal
THE purpose of this testimony was to contra.
dict witness Robinson as TO the canal waters
being clear and carrying no debris, etc. |
There is q vast quantity Of material carried
through the canal-enough to ruin that whole
country if it is not stopped-but l can't say
how much the material is. 1t looks as If
you had taken earth, mud and sand and
stirred it in water to the consistency
of syrup or honey, and it is fit for neither
man nor stock, while at the reservoirs the
water is clear, but the thick solution runs
down the canal all the way dowA to northerly
of the Buttes, where it spreads out over the
lands and where there is no current to carry
it away, except 10 high freshets. OBJECTED to, J
Mr.. Hart-Mr. Robinson swore the water
emr tied into Butte slough as clear as when it
left the nozzle. We will show that is wholly
untrue.
The Court-I think witness Robinson testi.
fed that only the very finer material ran
down.
Witness-Can't say how many acres of
land is covered by the slickens. At one time
Keppal aEd others tried to use the slic1ens
to fill up hog wallows and low places
and cultivate the lard, but it was
failure and they have given it up.
and / know OF no one who tries it
any more. l have nsver been able
to learn from my limited reading or exps-
riehce IN geology that pipe clay is fertilizer
It may be used to fill up cracks In adobe :;
fax or tow will be as good. I'll give any one
500 an acre to make ny land as good as it
was before the slickens came on IT, The land
Posey said was benefited on my place by sand
deposited ten feet deep on it in 1862, has
been worthless ever since the deposit. I
manured it, and tried to do something with
it, but failed. l tried it for eight or ten
years, and let it go to willows at last. |
maIured it three or four times | tried corn.
barley and wheat on it. | did raise a few
poor squashes, but they bzrred up before
they ripened. Prior to the deposit, which
never was ten feet but about five, it wa, rich
bottom land. The land is on the west bank
Gross examination Ito Mr.. Bslcher)-T
haven't filed adobe cracks with tow. but !
go on the principle 60 fill 'em prevents the
drying and burning out process.
u. +. ALardt (sngineer) sworn Ito Mr..
Cadwalader1-Witaes5 produced profile
plat showing the bedrock # the American
river between Canyon creek and Rice's. con.
structed from the data in Uren's table. as
testified to in this case. Counsel claimed
hat by Uren's testimony there must be
humps" or ascending grades in the river bed !
Witness said it shows the fills between Pick.
aring's Bar and Rice's bridge, according to
Uren's testimony. 1t shows all the hlls at
his tity-ons stations, as shown by his figures
had mis- tables, as sworn to, and this plat is
made from 1t, and all bis figures are shown at
each Of his stations. The plat shows, by the
igures on the vertical line, the fill according
TO Uren's statements, the original bed rock
grade as likewise determined etc. All the
igures are his. 1t is diagram Of his figures
worked out. Witness then explained the
diagram, station by station. as criticism Of
expert Uren's testimony. fCourssl offered
20 prove that the grade given by Uren would
produce current of seventeen miles and
would absolutely prevent any such fill as
sworn to by Uren. The Court held that the
Ills and grade testified to By Uren might be
'hOWh % Wofkcu Out VI bIlt plAb ana tue Vp-
ocity Of the stream at given grades. Witness
proceeded then to give the slopes. depth.
width, ETC., of the river, according to the
iats referred to, and calculated what nust
Dc the resulting velocity of the stream T.,
me section it would be II S2.IO0 miles the
lext l3 miles, the next IA l. 10 miles. and ths
lext 10 25-100, and SO on. Witness here
Produced the longest map on record-a nro.
lie OF the Yuba river and its forks. Tbs !
nap was about rs feet long, and ran around
me side and part of another wall Of the
jourt room, qnd excited the wit and the |
'1nni5g propensities Of counsel Witness
ne extent of his extensive examination Of
ae Z, stream IN the summer and fall of 1879 !
nat the profile represents the grade and fail |
| see middle, south, part of the north fork.
no the main Yuba river, from the head Of !
ne mining belt to the mouth Of the river.
/ SHOWS tae grade per mile, the Filings