Eureka weekly sentinel. [volume] (Eureka, Nev.) 1887-1902, 1901-02-09
roNKIN VS.. wINzELL.
Important Case on Trial n week
I'm the District Court.

ct al, which has been on trial since nioh'
day last, and will in all probability not be
concluded until the last Of the week.
Court opened on Monday, February 4,
with his Honor Judge ". ID. Jones pre-
siding. This is a special term, called for
the purpose Of hearing the case above men
toned, and when it was called at the open
ing of Court, Thomas Wren and Peter
Breen appeared as counsel for the plaintiff
and Il. S. Harrington and Geo. a. Dart
lett representing the defense.
The plaintiffs complaint alleges that W.
]. Tonkin is the owner OF all the waters oil
Pete Hansen creek by reason OF prior APP
pronriation. and claims damages in the
ann of 81. 900 for the breaking of his dam
bv the defendants, and the unlawful diver
.;on of the waters Of the said creek during
the Spring Of 1900.
In their answer the defendants set up
! that they are the owners Of these same
waters by reason of their appropriation
and use continuously for the past fifteen or
twenty years.
The main issue in controversy in this
suit seems to hinge upon the question as to
| whether or not the waters Of Pete Hansen
creek actually reach the Shipley springs
owned by defendants, the plaintiff claiming
that they do not.
On the opening Of Court the defendants
moved for a continuance of the case till
after the irrigating season of 1901, that de-
PENDANTS might have an opportunity to ac-
c~urately measure the waters Of Pete Han
sen creek during the months Of April and
| May, defendants claiming that it would be
the most favorable time in those months to
measure the water.
Judge Fitzgerald had heard the same
motion last year and had denied it, and
set the case for trial for January 81, 1901.
After Mr.. Jones was appointed Judge Of
this District, counsel on both sides re-
| auested him to continue the time of the
trial from January 81 to February 4, and
| the attorneys on both sides agreed with
him that if the case was continued to
that time it would enable them to pro-
cure their witnesses and be ready for trial
on that date. The motion was filed with
out notice on February 4.
Under the above conditions, and Rule sc
of the District Court, the motion was over
ruled, and the trial proceeded.
The following witnesses from out OF
. town have been in attendance at Court
during the week: L. Boomhower, Pete
| Carletti, Paul Bertini. John Tatten, j.. e.
| Crombie, James Cleary, t. Crumpacker,
+. Rodoni, j. C. Akin, John Tonkin,
and VIM. Blair. Aside from these are the
| defendant in the case, Mrs. Winzell, her
daughter, Miss Kitty, and 4. @. McClel-
Ian, surveyor and civil engineer, Of Elko,
who took the measurements and made the
maps for the defense. John Partly, who
performed a like service for the plaintiff
w. j. Tonkin, the plaintiff in the case, and
a number Of witnesses resident in Eureka,
complete the list.
After a day had been devoted by coun-
sci on both sides to arguing the motion for
a continuance. it was decided to secure the
services of q stenographer, the plaintiff
and defendant agreeing TO share the ex,
pense, and Miss Vera L. Guthrie of Win
nemucca was accordingly te~legraphed for.
The young lady arrived on Tuesdays de-
layed train, and at the evening session OF
that day assumed her duties as regularly
qualified Court Stenographer. Since then
the case has been progressing without in
terruption.
On Thursday evening the taking of ties.
timony was completed, and after an adj.
iournment until / o'clock on Friday after
noon, the oral arguments by counsel were
begun. Peter Breen opened for the plain
tiff, and he will be followed by Geo. A.
Bartlett and Z. s. Harrington for the
defense, after which Thos. Wren will make
the closing argument for the plaintiff.
The majority Of the witnesses, who were
present from out of town, left Friday morn
ing for their respective homes.
During the five days in which the case
has been on trial a large number of wit
nesses have been examined, and several
lively tits between the opposing counsel
have enlivened the proceedings. Consid-
cradle interest is evidently taken In the
outcome by the people of Eureka, as both
the day and night sessions of the Court
have been largely attended.
By the promptness of his rulings, and
his apparent desire to facilitate the bust
ness of the Court, Judge Jones has created
a favorable impression in Eureka. and the
people of this place are disposed to give
him due credit for the judicial quali6ca
lions thus displayed.
This is the first case which has been tried
here for years in which it has been found
necessary to hold night sessions Of the
Court, and an opportunity is thus given fol
the people of this place, and outsiders as
well, to admire the beauty and artistic
furnishings of Eureka county's courtroom
Janitor Lucey had taken particular paini