The Yellowstone journal. [volume] (Miles City, Mont.) 1893-1901, 1893-03-07

aegrR@i thefaef I,y apt,sian, to hi
aama@e @aunfol'v 4 urlawsuliy. yol
shall .i0, lint HE nlant.ti i entitled +,
Ier"ye. s5eha aasoal a4dnasafal r.aHa-a.
~ he Maf. hrle slow hy 5he eti.lrHe,
10 have Sustained IN reason of such ae}s
Of the defendant.
Eighteenth If you find that thu
plaintiff. George Mace. hy prior approp
ria'iGn, was possessed Of the right /,
the use and enjoyment Of the waters ol
observation creek. then you must lind
for the plaintiff and designate the mum
Der of inches ne is entitled To the wat
ers Of said Reservation creek.
Nineteenth The court instructs YOU
that if you find from preponderance
Of the evidence that the plaintiff has
the prior and better right 10 the use
and enjoyment Of all the waters of Res
eryation creek. then and in that event.
he is entitled to have the water flow in
its natural bed. and if YOU lind that the
defendant diverted the water from the
natural course Of the stream. YOU will
lind for the plaintiff for all damages re-
suting from such diversion. provided
you find the plaintiff possessed of the bet
ter right to the water by prior approp
ration. and was actually damaged there
by. even if you find the defendant made
no use Of the water SO diverted.
twentieth The measurement of
water appropriated under this chapter
shall be conducted in the following
manner: 4 box or flume shall be con
strncted with d headgate placed SO as to
leave an opening of six inches between
th@ bottom of the box or tiume and low
er edge of the headgate. with b slide to
enter at one side of and of sufficient width
to close the opening left by the head
gate. by means of which the dimensions
of the opening are to be adjusted. The
box or iume shall be placed level. and
SO arranged that the stream in passing
through the aperature is not obstructed
by back water. but before entering the
opening To be measured the stream shall
be brough to AN eddy. and shall stand
three inches on the headgate and above
the top of the opening. The number
Of square inches contained in the open.
in" shall be the measure of inches OF
water.
Twenty first You will answer each of
the questions submitted herewith for
special finding and each answer will he
signed by Your foreman.
Twenty second Eight jurors may
find verdict
Twenty third You may seal your YER
lict. place it IN the keeping of your
foreman and have it in court Monday |
next at . ii. IN. Meanwhile YOU |
will keep your verdict and findings |
secret.
THE VERDICT. |
With the above charge was handed the |
Jury three special findings. The jury
argued upon verdict early ON Sunday
and when opened in court yes
terday morning il was as follows:
George Mace plaintiff. VS.. II. S. Lewis.
defendant. We the jury in the above /,
entitled case find for the plaintiff. with. |
Dut damages.
{. E. CASE. foreman.
SPECIAL FINDINGS.
The special findings and their answers
were as follows:
What is the greatest amount of
water in Reservation creek at defendant /
Lewis dam. which. il allowed to remain
and run in the creek in its natural |
course will not reach plaintiffs head |
yates
Answer Twenty inches.
What amount Of water would plain |
till Mace's ditch carry at the point |
where the least water could be carried |
it on the 9th day Of August |
1890!
Answer AGA inches with three inch |
pressure.
31How much water did the plaintiff J
Mace have appliances for using in 1890. |
when the defendant filed his claim for |
water from said creek:
Answer-464 inches.
4 Elorious Victory.
Lawyer-That was a great victory of
mine in getting that man convicted and