Elmore bulletin. [volume] (Rocky Bar, Idaho) 1889-1906, 1896-04-22
Cold Spring Water Case,

The suit of Daniel McGinness Ell
al. vs.. James Stanfield ct al, tried
during the present term of the dis
trict court here, was the most ex-
tensive and important suit ever tried
in this county and one of the great.
est on record in the courts of this
State. 1t involved the question of
rights to priority in the use of the
waters of Cold Spring creek for the
irrigation Of the lands bordering on
that stream. Hons. n. NJ. Ruick
and F E. Ensign appeared on the
side of the prosecution, and Hon. j.
H. Hawley, together with the entire
bar of Gilmore county-E. M. Wolfe,
w. G. HOWE and A. M. Sinnott-
on the side of the defense. The tes-
timony was heard of large number
of good old "mossbacks' whose
knowledge of the creek went back
to the days Of 1868, when the early
settler slept with one eye open, on
the alert for the tread of the lurking
red foe. Those in attendance dur
ing the trial had a good oppor-
tunity of learning a goodly portion
of the history Of this country when
the travel was done on the old emf
grant road in the numbering stage
coach, through the canyons and
along the hillsides and sagebrush
plains of this then wild and uncon-
genial region. Documentary evil
dence from the U. s. Land office
was exhibited profusely and all the
engineering skill of Captain Sam
Rhoades, our county surveyor, and
F. A. Mandell, surveyor of Blaine
county, was displayed by multitud-
nous maps, plats and diagrams,
and the legal talent on both sides
used utmost diligence, vigilance and
skillful legal a ility for their re-
spective clients. 1t was a suit in
which all settlers on the creek were
involved either as plaintiffs or de-
PENDANTS. The suit in itself was not
a factor Of any strong personal feel
ings between the parties, and it was
indirectly an occasion for a gather
ing of the old pioneers of what is
now southern Elmore at the shire
town.
The plaintiffs in this suit were
Daniel and Mrs. McGinness, A. NJ
Hall, Sam Blackwell and Weigand
Volk, and the defendants James B.
Stanfeld, Elizabeth, Paul, Charles,
Victor, Eugene and Gilbert Walker,
May Epperson, John J. and Mrs.
McGinness, John Levere, Azel T.
Babb, Thos. r. Stevenson and D.
". Reyes.
Witnesses for both sides were le-
gion and their testimony showed the
trials and tribulations of these old
'mossbacks" from '6S to the early
'70's, before the shrek of the iron
horse, couring over his iron trail,
disturbed the quiet of the Snake
river valley. Among the many wit
nesses were surveyor Mandell Of
Blaine county, Bart Delano and Mrs
o. S. Glenn Of Bellevue, J. w. Ed
wards, w. r. Burns and Joe Sears
of Boise, Joe Adm Of Smiths Prai-
RTE, d. B. Bliss, Phil McGinness.
Judge Conner and Doc Decker Of
Bliss, John Marley, Chas. B. Ross,
Clark Smith and John Wilson of
Cold Spring precinct, Judge Glenn,
Joe Van Fleet. Lon Macy and S. A.
McAnulty of Glenn's Ferry, Judge
Stout Of Alkali and Capt. Rhoades
and A. w. Lockman Of Mountain
Hcme.
Judge Stockslager decided to have
the testimony of all persons tran
seribed from the stenographer's
minutes and type written, and will
after careful review of all the facts
and the law in the case, render his
decree.