Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1883-01-11

HLu destroying OaliOSl16 aiIalia HSloy Stu
ated.in the ravine below the levee; that thu
brush dam which had been constructed il
made Of freshly cut branches and boushs o.
pitch pine, loosely piled upon the existing
debris in the ravine and covered with lsyel
Of light willow brush that large stream o.
water, such as would come down VIXEN the
mine is in full operation, would soor
undermine the structure float off the brush
and make a clean breach In the dam
that 90 January 5sh and Oh of this year be,
in csnjlnction with j. @. Pisrson and L. e.
Bassetr, civil engineers, made an instru
mental survey OF Cooks Gulch that on
that date in his opinion, the ultimate capac.
| ity of the brush work as restraining dam
was nearly exhausted; that on that date he
found that mining by the hydraulic process
had been resumed that two mines were
using about ], 900 miner inches Of water.
James b. Conner, under date Of January
g. 1888 affirms that he lives about 20 miles
from Sacramento and adjoining the Cosum-
res river. That, after the cessation of by.
draulie mining by the defendants, the waters
Of gaid river became pure and clear; that
when they commenced mining sgsiu such fac;
was at once apparent in the changed cordi
ton of the water; since they commenced, AID
! now the water IL. and has been carrying and
bringing down the material which has done
/ sl4O III tu5 DdEb1 he
| Digogry Hobbs, and knows his farm and tbs
injuries done thereto by hydraulic mining
debris deposited thereon. aud that the sand
and earth low entering the river and coming
from DEFENDANTS nina is identical with tbs
material which produced said injuries.
ID. z. burst Gtfirms that brush dams are
unsafe on account Of their liability to destruc.
ton by fire.
Robert T. Dsvlin afirms as to The assess
ment of the company's property for the past
ak years.
John A. Todd csrtifes to the taking of the
photographs as above described.
A large number of the remaining affidavits
are those Of farmers and Of persons who have
visited the mine. and corroborate the afida-
Wits Of c. +. Allardt and James B. Conner,
given above.
Judge Mcfarland interrupted council for
the plaintiff yesterday, and said he did not
Intend to investigate the abstract rights OF
the miner; that as he understood Judge Tenn
PIES decision, the hydraulic miner had right
to pursue his occupation if dams ware erected
and kept to such hight as TO hold back the
debris; that the question now was whether
such sufficient dams had been constructed
The Court also stated that the right TO pro.
coed against corporation without giving
notice might be questionable.
Attorney Freeman, who is arguing the mo-
ton fer defendant, expressed desire that the
Court should visit the mine in question, and
Cadwalader, counsel for plaintiff, said he
would be highly pleased by such . course.
Cadwalsder claimed that defendant is yio-
lating the injunction at the present time, and
that while so violating it they have no right
to ask for dissolution Of the injunction.
Besides the photographs above described,
there are several boxes of stones and num-
r. e Al,
at various places and times, in the Court
room, and also map of the mining property.
The argument of the motion will continue
this morning at 10 o'clock.
SPARRING EXHIBITION AND WALKING
MATcH.-.At Armory Hall tonight spar-
ring exhibition under the management of Fl.
s. Beals will take place. Jem Mace, the
champion pugilist of the world, will have a
"sst-.o" with Herbert Slade, who lately
arrived from Australia. A number CT local
hib;tion. Among these are Harry May
nard, John Maynard, Patsy Hogan and
Billy Reilly, of San Francisco, and Lang,
White.i Norton and Egan, of this city.
After the sparriug exhibition, and at 10
o'clock, 75-hour handicap walking match
will begin. In this match G. A. Hartman,
champion heel.and-toe walker of the world,
with record OF $50 miles in six dsyp, will be
entered. Also John Callahan, well.known
champion heel-and-tos walker of thu Pacific
coast, and Exilda LaChapelle. the champion
pedestrienne of the world. Two prizes, one
of 500 and one Of $500 will be awarded,
Hartman is to allow Callahan % miles start,
and LaCbapelle 70 miles start. The pe5er-
triar, G. Guerrero, has also entered, and will
have 40 miles start. The match is to be
governed by O'Lsary's heel-and-toe walking
rules. A band viii be in attendance.
METROPOLITAN THEATER -The Palmer
troupe had very appreciative audience last
evening to witness the handsomely mounted
ard thrilling drama, "The White Slave" a
piece that is played in manner refscting
highest credit upon every member of the com.
panY. The scenes of the burning steamer,
the floating bits of wreck with the half
drowned people clinging to them, the strug-
giles for life and liberty, called firth the
warmest applause. The music Of ihs piece,
though the orchestra is not large, tits to be
noted, is adapted to the situations with
nicer regard for the unities of the theme
than - usual here, and its arrangement and
direction by Mr.. Allen deserves to be included
in the commendstion given the company, as
also the singing Of the plantation melody y
Miss Morrill,. The play will be given agaia
tonight. the last but two of the troupe in
this city.
WEEK OF PRAYER.-The topic for prayer
in the churches to-day is "The Church Uni
vsrsal;" for the outpouring of the Holy
Spirit-that all ministers OF Christ, and those
preparing for the ministry, may deeply real.
lie their responsibilities and the need CT the
Spirits teaching and power that their test;-
mony before the world may be open and
faithful; that sound doctrines and holiness
Ct heart and life may prevail in the churches,
and false teaching and superstition be coun-
teracted that ell the children of God msy
be filed with earnestness and zeal In seeking
TO gather in the lost for rich blessing upon
efforts to promote union and brotherly love !;
and for afh csed Christians everywhere. Joel
H. % 81; Acts ii. 80 Al; Isaiah w.; Eph.
iii. 14-21; Cor. xii. 1-1S john Nv. II q !;
Phil ii. Lie; Psalm kew.
FREIGHT TO ARRIvE.-Freight for Sacra-
mento passed Ogden on the 9TH instant as
follows: For Central Pacific Railroad, $50
barrels oil: Huntington. Hopkins l. Co., 1923
pieces and 299 bars steel, barrels brass wire !;
A. Dennery & Co., Is barrels and l case
glassware w. d. Comstocb, IL boxes chairs !;
Billingsley & Co., case wooden buster-molds
Baker & Hamilton. 1 box hardware; Locke
& LsvensoD, 8 rolls carpet; Hall, Luhrs &
Co., 10 cases matches; w. J. Brien, 1 case
boots and shoes Blessing & Guthrie. l bar
rel coffe Adams, Mcneil & Co., pack
ages tobacco Lindley & Co., packages TO-
bacco, 2 cases citroD, case currants Booth
& Co., 80 bales tobacco; Thomas Harpsr, l
case shoes; q. B. C,rwin, c,se cigars !;
Capital Furniture Company, bcx walnut.
The FoRRsTERs.-The second anniversary
of Court Capitol No. G, 742, Ancient Order of
Foresters, viii be celebrated this evening, at
Turner Hall. They promise to surpass all
former occasions in making the evening
pleasant for all who attend. The programme
Is as follows: Grand march. at $50 P. M;
opening address song, Mr.. Pritchsrd solo,
Mrs. Carter; recitation, Miss Minnie L.
Mcneil song, Miss Fleissner; duet, Mrs.
Carter and CHARLES Beaumont. Pianist,
Miss Amelia Boil. 'The Foresters' Grand
March has never been presented here.
POLICE Court Business was transacted
in the Police Court yesterday as follows
Thomas Hood, burglary, tried and taken
uader Amusement; John and NJ. w. Nc.
n,,nl3 indrnoont For batta-v and disfy1r hi o