Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1882-01-13
DEBRIS.
FoRTrETH DAY OF THE sLICKENs CASE
IN COURT.
Important and Interesting Evidence OF a
Mining Fxpert-Thomas Price on
the Witness Stand.


the Witness Stand.
The case of the People vs. The Gold hun
Ditch and Mining Company, was resumed IL
the Superior Court yesterday before Judge
Temple.
o. P. Stidger was allowed to make cor
rectiop. He said that he was reported as
saying that the Sacramento river in 1919 was
450 feet wide He wished to be understood
that the river was at least twice as wide as
that.
The Characterization of D. L. Bower,
was resumed. He was examined at length in
regard 20 thu early mining on the Middle
Fork Of the American river, and as TO the
face of the country there now.
Mr.. Cadwalader said he would present to
the witness Photographic view of the ordi-
dinary hydraulic mines as they are found on
all the branches of the American river and
ask him whether it does not show substan-
TALLY the material in the banks of the Pond
and Dsrdanelles mines spoken of in his direct
tesbiInonJs auu ALSO vi shoeo AL iniSii-S an
Bluffs.
Objected to by counsel for defendant on
the ground that it is not cross-examination,
and that the photograph does not purport to
be representation of anything about which
the witness has testified.
The Court sustained the objection, and
counsel for plaintiffs excepted to the ruling.
The same ruling was made in regard to
other photographs views.
Witness was then examined at length in
regard to the character of material in various
mines. Three. fourths of all tie mines on the
Forest Hill divide engaged in hydraulic min
ing lie within five or eight miles of each other.
THOMAS PRICE
Being called and sworn on bshalf of the de-
PENDANTS and examined by w. G. Belcher,
testified as follows:
Q1estion-Professor, what is your occupa-
tion?
Answsr-Chemist, mining and hydraulic
engineering.
Q.-How long have you been in California !
Al arrived in Cslifornia in October, 1862
Q-On what business did you specially
come?
Al came here for the special business of
making advances on copper aud silver ores
for shipping to England.
@ Q-Shipping to England for what pur-
pose?
A.-For reduction.
Mr.. Hart-At what place?
A.-Swansea, in Wales.
O. (by Mr.. Belcber) What have you had
TO do with the refining or asssying of gold or
other metals?
A.-About six months after reached the
country l entered the assay Office of Kellogg,
Hueston & Go. ns their asssyer and consult
s,,r, n ~ fy,a al1 70 fho nf
ore. 1 continued in their service until they
sold out to another frm, called the San Fran
cisco Assaying and Refining Works, some-
where about the yesr 1866 l continued in
the service Of the San Francisco Assaying
and Refining Works until, believe, 1875 or
1876 To fix it mora definitely, if 1 have for
gotten the date, until the Bank Of California
failed. then opened an Office of my cwn,
and since that time have been engaged largely
in asssying all kinds of ores.
Q.-What amount Of oies have you ham
died within the last year-the value of gold
AIN 1880 / handled FIVE millions
and quarter In 1881 l have handled a
little over seven millions in gold.
Q.-Have you given any special attention
to the question Of gold and its production
A.-Yes, sir. [ have made that my spe.
cal study.
Q.-For how long time?
A. I have paid most particular attention
to the production of gold and silver since my
arrival in this country in 1862 l had paid
considerable attention to il previously.
Q-What are the gold producing countries
OF the world at this time?
Mr.. Hart-That is objected to as irreIe-
want and immateriai and in making that OBJ
lection | desire to announce ct this tins that
I intend to insist on con6ning witnesses to
the direct and material questions in this case.
| want to say further, that we have allowed
greas latitude in collateral questions of that
kind. We have allowed them to prove the
amount of gold that has been taken out and
estimate the amount that may be taken out, the
amount of population in counties, the amount
of gold-bearing channels in different counties,
the value of personol property, and all mat
ters of that kind, which / thiak are addressed
to the judgment of the Court. From this
time forward l shall object TO any testimony
in this case except that which tends to Illus
trate the propositions upon which the plaint-
ifs and defendants rely that is, the question
ss to whether or not they do cast their tail
ings into the streams, and whether these tail
ipgs come down TO these places. These are
the questions. l understand that it is the liz
tention to have this witness on the stand
some three or four days.
w. c. Belcher--If the Court please the
gentleman is greatly mistaken. We expect
to consume but very short time, unless tie
gentlemen should occupy the time, as they
have heretofore, in objections. They may
then protract the examination to very con-
siderable length. l think if the gentlemen
will recollect, that when they put their wit
nesses on the stand we allowed them to go
into the examination OF the questions that
they sought to 60 into the examination of,
without objection, except as to the forms of
their questions. That was the only form Of
objection that we interposed, and under
stood then, that it was the agreement, or the
understanding, that the questions involved
in the case Were to be presented to the Court.
Now as for the time that has been occupied,
on the part of the defense in this case,
think that the Court will agree with me, that
fully one-half of the time has been occupied
By the plaintiff in the cross examination, and
q very considerable portion, with respect to
some OF our witnesses, in objection. We do
desire by this witness to show the extent and
character of the ind lstry, and we desire here
to go into this question, not at length, but
very briefly. La addition to the question pro.
pounded to the witness, shall desire to ask
questions with re3pecs to some other matters
which would be general in their character
This will be very brief
Mr.. Hart-The position we take ia rela.
ton to this matter is this !: That if gold min,
ing is an important industry, gold mining
may be pursued; and if agriculture is an i'm
portant industry, agriculture may be pur
sued but neither can be pursued in an il
legal manner. 1t is not going to be denied by
the prosecution in this case that gold mining
is an important industry. Such denial, ever
if based upon testimony, would not be be-
lisved by any intelligent Judge, and hence il
will not be denied. We have admitted re-
psatedly and repeatedly in this case, for the
purpose of saving tine, that gold mining i:
an important industry. Now ask counsel
himself in what respect and in what manner
can the production of foreign countries in the
world, or of any country, excepting Cali
fornis, in gold, or indeed of any
county, excepting Placer county, in goli
or of any mine except the Gold Run mine, in
gold, in what respect could that tend to illus
trate the question whether or not the Gold
Run Ditch and Mining Company is tending
to increase nuisance which the plaintiff in
this case charges has been committed by the
obstruction of navigable streams? How
could it tend to illustrate it in any degree
We are inclined. ss I said before, to be lib
ersl, and we are inclined to allow them tc
prove anything that tends in any degree to
illustrate the general question, but we are moi
iaclined to sit here and consume the time q
the Court and the time of the counseI