Sturgis advertiser. (Sturgis, Dakota [S.D.]) 1887-1???, 1896-06-04
Black Hills District 6 26 1896

ference OF tle court sas that that water
came from the Meyer branch. A ltft
farther down the Court vas shown an.
other small hole or pool of water. Al
the way down 10 the Iast point 0f view
there was a we'll defined channel, the
immediate bottom Of which ia in most
places covered with loose broken and
fragmensHry stone, water worn and
showing eYIdence that water has rur
over it, The evidence of fhe Witnesses
from this point ON down shows that
there is O well defined channel all the
way TO the Belle FOurehe OF varying
width, IN some places I think SONS Of
The Witnesses have put il of width NJ
30 to 40 feet The evidence shows That
every spripgtime except tlns year tho
water has flowed there from periods
beginning sometimes ID March or April
up tn, tile weight OF evidence slt0wi6E.
sometime in Jnne. One witness called
by the defendant, think Mr.. F6leafd
said at this time the water bad not risen
ut his place, not far from the eaatefty
line OF the reservation. above the loose
rock in the channel, but that IL had hI.
ways done 80 heretofore ffOm the time
he lived there which / tlltnk was some
tims Ia 1882,
There has been great deal OF tvi.
denee IN the ease as td water holes
existing along down this stream, the
most Of Tie witnesses Saying that The
water, where ID was found standing IN
these water holes bad gumbo bottom
or dirt bottom; but |. c0nh6t recall now
any testimony showing but what these
water holes were all Within the banks
OF what was claimed to be the channel
OF Alkali Greek. The water found out
side OF that have all been demonstrated
sptings. From all this evidence Unjust
draw the conclusion That there is d we'll
marked and well defined water channel
from The springs and for s0me distance
above them and down the Belle
FOnroheI that up to 1896 during tlb
rainy season or freshet seasUn tie spfink
has annually flowed, hnd that from the
middle Of June or ut ihe lntest, from
about the first OF July, the only running
water hns been from one water hDls t0
another and in one Of tive place 4
along rocky bottoms. but the weight Ut
the evidence goes to show that the
waters we're running from 0he water
hole TO another. 1t elnlinea b Y
the defendant tlAt when The water
sinks nt the mouth or upper end Uf the
cahyon or gorge that they ,Hhtef the
eayernous strata uf the eatluhifeFUua
limestone aud are the q held and reniaih.
by tue plaintiff II ~ claimed that liipfe
Ia nm underground channel following
the he'd OF Aikali Greek, aud ah Under
flow there that supplies the water hules
testified to In this case, Here is d
polft where tile Court is asked tU deter
nllle what besDmps ~ lhiR WINTER antl
Under The law Tsupp~sa the Court hAB
got TO do II. hut as / say, the skpl0fa.
tions have not been Uf that character
that any one could say with degree Of
what exists under this chan
mel where II Is dry upon The Rurfaeei
there Is no positive evidence. 10 can
only be ascertained from inference. The
Court was Rsked 10 GO into this cavern
aud view that by the defendant, ID see
that this cavetnous limestone was Fnll
Df cavnties anu porous ahd capable III
a great deal of water The
evidence shows that tAere is but very
little water In there It may he p0ssi-
ble that ageR ago the bottom III that
creek chAnnel wab mp where the entrance
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