El Paso daily herald. (El Paso, Tex.) 1881-1901, 1899-12-14
A LAWYER
TESTIFIES
In the Elephant Butte Dam
Case In Progress at
Las Cruces.
ATTORNEY HAWKINS
Brings Out the Fact That the
Witness Conferred With
President Diaz and
Mexican Officials.
Special Dispatch to the HERALD.

Special Dispatch"to the HERALD.
; LAS CRUCES, N. M, Dec 14.-Ir
the trial of the Elephant Butte dam
case the government continued this
morning to present Testimony. When
court opened Warner P. Sutton, who
tes titled at length yesterday, was re.
called 10 the stand and cross examined
again by Attorney Hawkins. The at
tor ney brought out the fact that sew
eral years ago Sutton had been em.
ployed by Max Weber to lay before
the Mexican government certain facts
and results of observations regarding
the diminutioI of the flow of water
for irrigation purposes in the Rio
CIR ande river at Juarez, and that said
Sutton had had interviews with Pres
ident Diaz, Secretary Mariscal, and
Minister Romero in connection with
this errand.
The next witness for the government
was P. E. Harroun, of Albuquerque,
chief engineer of q company now con-
structing a large canal there. MIR.
Harroun is now in the employ of the
gov ernment in directing observations
| in New Mexico, designed to ascertain
the facts regarding tee flow of water
| in the Rio Grande. His testimony was
| confined to the presentation of official
records Of the flow in the river at three
| stations in New Mexico.
The next witness was w. w. Follett,
consulting engineer OF tbe internasion-
al water boundary commission of the
United States and Mexico. Mr.. Fo1lett
testified as TO the character
along its entire course and as to the
distances been various points. He
testified also with regard to the length
of time that it would take for the
entire flow of the river ct it's flood
stage to fill the Elephant Butte res
ervoir. The direct examin alton OF
Engineer Follett was still in progress
when court adjourned at noon.
The government sought to introduce
evidence about the character and
Davigability of the Red river in
Arkansas and Louisiana, in compar-
ison with the Rio Grande, but the
court held that this investigation must
be confined to the Rio Grande river
alone.
YESTERDAYS PROCEEDINGS.
In the Elephant Butte dam case the
government still has the boards, and is
still pouring in depositions and the
testimony of witnesses. The first event
yesterday morning was the deposition
of jesse Sumpter of Eagle Pass, who in
the opinion of the court demonstrated |
pretty thoroughly that he didn't know
much about this question" William |
Schuehardt's deposition WAS also rath-
er pointless.
Alfred ThOrnham was theR sworn.
He is 32 years old, has lived all his life
at Brownsville, is United States de-
pu ty inspector of customs there, and a
stepson of VIM. Kelly, the steamboat
owner whose deposition was read on
Sunday. Thornham testified that he
WAS formerly in charge of the Bessie,
the only steamboat plying ON the low
er Rio Grande for the past dozen or fif-
teen years. He ran her from 1884 to
Bessie is boat of 100 tons,
drawing when loaded 81 feet OF
water. In 1884 to 1887 che averaged a
rip every ten days. Now she makes
'nly occasional trips, owing to lack of
water and lack of business. The river
has been getting lower ever since 1884.
This year it was higher in October
han in June. In the eighties the riv- I
,r freight business was profitable.
The boat often got stuck on bars and {
hosls and had to be pulled Off by hand {
,r by steam power.
EFFECT OF BUILDING DAMS
The next witness was Col. j.. J.
Haynes, collector of customs at Lare-
10. Hehas lived at Laredo and Browns
lille since 1877. There were three
'oats running on the river in
S7l. Has noticed de-