The Courier. (Genoa, Nev.) 1899-1904, 1903-06-12

thompson went 10 Cne fluUe lnuldn
war in 1860, and could not then be
building, and when he returned from
the war he found a man had jumped
his ranch. He complained and the
neighbors ran the jumper out of the
country. The next year he went up
to Indian Creek, where the waters OF
said creek divide, some going toward
Markleeville, and he turned that down
towards the channel called Indian
Creek on the map. He would not
have done that if he was driving the
big No. ditch for use in 1851.
Mrs. Scossa, defendant, testified that
she went on that ranch in 1864, and
that she saw some water coming down
| from the direction of No. ditch. The
fact is that No. ditch did carry some
water to the Thompson ranch in 1861,
and at that point, as seen from her
house, the water from No. l ditch
flows from the same direction as the
water from No. 2, being diverted from
Indian Creek into a slough which runs
about the center of land marked Trim
mer, as shown on the map, so as to get
it onto the Scossa land. Witness would
not swear what ditch that water came
| from in 1864. But counsel put her on
the stand to show that she saw water
coming from the direction of No. 2
ditch, while both bitches flow water
from the same direction through the
Scossa land, as it is impossible to get
it out of Indian Creek onto the Scossa
land, except through the slough mark
ed on the map.
The testimony shows that Thomp-
son was an energetic man, and leader
in enterprise. The notice of location
of No. plainly shows that work was
begun on that ditch in August, 1864.
Would Thompson, after waiting to get
sufficient water through No. l in 1861
| (if the ditch was dug in 1851, wait
until the fall of 1864 to start ditch2
1t is more likely as claimed by plain
tiffs, that he failed to get enough
water in the spring and summer OF
1864, and commenced digging another
ditch in August of that year; 1853 and
1864 were the boom years of Boulder
Hill, the nearest market, and the same
was a great incentive to farming enter
prise.
Ben Palmer was also an enterprisine
man; he bought the Barber ranch in
the fall of 1868. He had been raising
a lot of cattle in Douglas county from
1852 down to that date. When those
two men got together they put tina
ditch through. Palmer had means tt
employ labor, and their spirit of enter
prise was the creation of that ditch
The others worked on the ditch TO
their share, and then took nearly al
the water. Palmer never disturbed
anybody's dam, and then he went int
another ditch enterprise.
Tom Barber, nephew of Ben Pal
mer, testified that the Barber rancl
was irrigated by water from No.
| III lOOfs Dub llC WAS d ACii
young man at that time, and he als'
testified that he did not know iron
what source his neighbor, Gallinar, ir
rigated from, after testifying as to tn
quantity of land all the plaintiffs irri
gated in 1868 and 1865. He also test
fed that this case was a case of life ant
death to the Diamond Valley people
In rebuttal, Peter Dolling, disinter
ested witness, testified that Tom Bar
Der told him that if Gallinar did no
stop taking his water, that he woult
make him. He knew full well wher
Gallinar got water from, but denied ii
There was practically little incentive
for building the costly Diamond Val
ley bitches until the Boulder Hill ex
element of 1863. There is nothing Il
show that they enjoyed the Comstocl
market or furnished it in the least de
gree. The evidence shows that onl,
two loads of potatoes were shipped Il
Aurora from Diamond Valley, wher
the party got ten cents a pound 70
them, and that was in 1863, from tn
Clogston ranch.
Prior to 1870 there was no vast
water running down Indian Greek
during the irrigating season as far a
Gallinar's ranch, so marked on tn
map, but since the defendants in Dia
mond and Dutch valleys have increas
ed their irrigation and diversion, Their
is always a steady stream during tn
irrigating season, running clean to tn
East Fork, showing what the defend
ants there have done, because in tn
sixties Indian and Scott creeks used t.
flow more water than in later years
d. r. Jones testifies positively, a
pages 573, 574, that Snowshoe Thomp
} son No. ditch could not have bee
built until late in the fall of 1868, an,
could not have been used until 1854
because he hauled over the proun,