Sacramento daily record-union., 1882-01-21
Afternoon session.

Witness Allardt resumed Examined the
North Bloomfield mine in the fall of 1879,
and have notes OF section of il, giving The
depths of the strata referring TO his notss).
The bank is about 220 feet; first is red soil,
81 feet; cemented bowlders, feet, and red
sand, pipe-clay, blue and grey gravel succeed
to the bottom. The blue and grey gravel was
OF cohbles. pebbles and sand, with cement
material to bold it together Comparing that
with the Gold Run mine bank at the deep
pit No. l, the banks are different somewhat.
Ia tne latter mine the bottom strata foI ten
to hfteen feet, the material is much more
firmly cemented, while the stones in it are
larger. Above this a layer of gravel las
known to miners). The Columbia Hill mine
showed up all loose material, easily worked.
Witness compared the Suarts vile mines and
others with those at North Bloomfield. in the
matter Of being moved by powder and water.
On the Yuba there is much deep mining, and
tho top soil comes down with the other. and
In like manner. | think [ estimated 17G.-
100, coo cubic yards Of earth mined out ON
the Yuba, and On the dumps and below were
81 200 Geo cubic yards or IA per cent: that
is, Sc per cent. did not remain ct the dumps
or Immediately below j. e., II per cent. was
found, aDd 50 per cent. was not found, above
Smarteville. Witness here, by request pro-
duced number of very large photographs,
and explained where they were taken in the
Gold Run mine. the point of view, the exact
locality shown, etc. Counsel stated
that the photographs were introduced
Tor the convenience of the Court,
for the information Of all connected with the
case. regarding the locus in quo to rebut the
statements OF defendant as to the strata
of the banks to show the relative positions
of the various strata, etc. Defense objected
that it was not proper in rebuttal, and that
the photographs were not true. The Court
thought the offer was 8 reopeniue of the case.
Plaintiff should have offered them, if at all,
10 the making of its case, and therefore re-
fused to receive the photographs. Mr.. Hart
thought it a vital matter, and that he had
not gone into it ia the first place, and that
the fact concerning the pillars in the pits
came out in cross. examination of defendants
witnesses. He claimed that the pictures
demonstrate the testimony Of defendants not
to be true, relative to the character of the
material washed out of the Gold Run miae,
and the character of that left in the "pi!-
lars standing in the mine.
The Court said that as to the upper wash
ings ne would reserve his ruling, but for tie
present would exclude the photographs.
At this point sharp and lengthy debate
witness to compare the natural with the
artificial wash along the Yuba river, defend
ant objecting that it was uot rehuttal. Very
much of the day, indeed, was consumed in
debates as to what is and what is not rehuG-
tai, and an examination of the evidence in
chief iu order to determiae what Is properly
rebutting testimoDy. 1t was contendei bY
the defendant that on the subject of natural
wash tAe plaintiff lad gone into the matter in
t,s.,- ,A~-- -
bound to follow 1t out to exhaustion, and fall
ing TO do so could not on rebutrAl take it M.
The plaintiff on the contrary Geld that be-
cause witness for plaintiff la celebrating an
answer states certain matters IN certain sub
iects which the plaintiff does not thereafter
take up aud follow out, that it is merely an
incident and does not bind plaintiff to go into
the subject or remain silent. That, IN other
words, the plaintiff having shown that the
debris came from the mines down the rivers
to the lower parts of the rivers, to their filling
up, ETC., and the defendant having denied
that, and set up proof in denial aud added
proof to show that the material came into
the rivers by natural erosion, the plaintiff
may on rebuttal show the matter did not
come into the rivers by natural erosion, but
from other sources and by reason of other
causes to wit, by the acts of defendant.
The Court said it would be hardly Just to
say plaintiff had attempted indire ,tly to prove
that the deposits were or were not the result
of natural wash, and as much Importance
seemed TO be attached TO the matter, he would
allow the testimony, but it must not go to the
extent of irquiring into the mining dis
charges, etc.
Witness thereupon, considering all wash
but that of recent mining, said mis- oRservs-
tions in his travel over the watershed of the
4uba, Bear and American extensively in three
wears, were to ascertain where the material
coming into the valley came from. The Yuba
roads and grades had been gone over By him
much, and ne had seen very little evidences of
wash from them. The same remark applies
to the Bear and the American rivers. The
natural soil on the American is red soil
mostly tenacious 10 character. Up as far az
Alta the surface is rocky, and where not, it
is covered with vegetable growth, The de-
gree Of erosion can be seen to be very
slight. It is rare to see . tree uprooted,
even among those of great age lie
hsd seen only two or three sliiss-though
there might be more-which he attributed to
natural causes. Had seen them when broken
bitches had caused them. Generally the
watershed of those rivers is NOT liable to ero-
tion TO any great extent, he should say.
When the land is dsnuded Of The soil. you
can find no vegetation now. Save where the
rock crops out the watershed is verv gener-
ally well clad with vegetation, and slopes 20
to 45 degrees viii almost always be fouudto be
covered with vegetation. The annual grass
would not appear if the soil was gone but
bare spots would be seen. Fully half the
watershed OF these rivers is rocky surface
When he travelled over the snow he saw no
erosive action except on a sudden melting
and until the waters reach a canyon. The
snow is more protection to the land. Uu-
der the red soil of the mountains is generally
a layer of eobbss or gravel. The Blue lakes
il July, 1878, had not yet filed, though the
outlet was damned up. They were at an
elevation Of z, 500 feet. The Bowman lakes.
at 5000 would fill earlier.
At $50 the Court adjourned Until $3.50 l. NJ.
to day.
passrncrp 1rsrs