Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1885-08-28
The Debris Case.

San Francisco Post, August 9th
The number OF witnesses summoned be-
fore Master in Chancery Houghton in the
" debris" case, mentioned in last nights
Post, was considerably increased since yes
terday by the recruiting sergeants of both
factions-miners and farmers. Long before
the hour set for the continuation of The ex-
animation the followers of the pillow, as well
as the manipulators of Craig's little
giant" and Fishers hydraulic chief"
mining machines thronged the corridors
adjacent to the Federal Courts. They as
sembled in knots OF three to four individu-
ais and eagerly discussed the merits of the
contempt matter. Said an old, grizzled
miner who had lived in Nevada City since
1850, who'd thought that there Jim
would have gone and bowed ON US after
saying he was just from the East and want
ed to locate" the Jim alluded to being
one of the detectives hired by the farmers
to ascertain what hydraulic mining was
going on. This and other similar surprises
to the miners by the detection of whilom
friends formed the topic of angry CONVEX
sation between the belligerents. In con-
nection with the matter of the examination
of the witnesses before the Master it may
not be amiss to allude to the dissatisfaction
prevailing as to the mode of conducting
the examination. and especially as to the
diScourtesy shown the press by excluding
the members from hearing the testimony
elected. Some of the Federal Circuit Judges
have so construed equity rule 81, as to ex-
clude from the presence of the examiner,
while he is taking testimony, every one but
the parties to the suit, their solicitors and
the witnesses to be examined, although the
rule itself is not in the nature of d re
striction act
The reason of this rule-copied from the
chancery practice of England in vogue for
several hundred yearS-however wise and
apparent to the human mind in past years.
to secure testimony free from bias or tend
ing toperjury, by sealing up the testimony
until opened in Court, SO as TO prevent Tom
Jones from reading what Dick Snoodles
had testified to, is both ridiculous and use
less at this late day. The testimony taken
to-day may be written up and copies fur
nished TO the solicitors or their clients,
either upon the evening of the day of the
examination or the next morning. or con-
versationS, as is the general rule in import
ant matters like this debris case, take
place between the parties litigant and out
siders, thus violating the secrecy contem-
plated by the rule, and rendering its en-
forcement by closed and guarded doors
hollow mockery.
The practice before the Master in Chan
Gerry in Federal Courts admits of no such
exclusion. Nowhere does it appear by
Congressional statute or rule of Court that
the Master shall have the power to exclude
persons other than the parties litigant,
their solicitors and witnesses from attend
ance at meetings on references before him
This matter was forcibly illustrated yester-
day and to-day, when editors of farming as
well as of mining papers, representing
thousands of readers engaged III both pur-
suits, were peremptorily refused admission
to the Masters chambers, and like the peri
at the ParadiSian gate, " sat disconsolate'
These suggestions are not made by the Post
to show any vindictiveness towards Mr.
HoughtoD, but rather to call that officers
attention to the fact that the debris =
question IS not mere local matter, like
some patent infringement suits brought be-
fore him, but has loomed up into a ma
tional controversy, in which Congress NAV
yet see fit to act as intermedator
The witness George w. Benson was still
under cross examination by Senator Stew
art during the entire morning session of
the Masters Court. 1t appeared in evi-
dence from the bullion book" of the
North Bloomfield Company, introduced by
complainant Woodruff, that since January
81, 1884, the date of the service of the in
junction on the Bloomfield Company. that
that company had forwarded to San Fran
cisco amalgam valued at 1927 .00o, despite
the fact that the. Bloomfield Company
claim in their answer TO show cause that
they were simply cleaning off the bedrock
preparatory to drifting. OF this SI27, 600.
the farmers and anti-debris men claim
that 500 (gD is clear prnfit