The Courier. (Genoa, Nev.) 1899-1904, 1903-04-03

this brief was filed by Judge Virgin in
my behalf. So lost nothing by not
being present, and if my points are
we'll taken the plaintiffs in the suit
have gained more than lost by my alb
sence. concluded in the very begin
ming that Judge Morrow could scarcely
spare the time to listen to long argu-
ments, and therefore prepared for the
emergency.
About as foolish a suit as was ever
brought into court of justice is the
suit OF Twaddle Brothers against Theo-
dore Winters, ct. al. The plaintiffs
testified that.they hadplenty of water
all the time and the evidence showed
a full sufficiency for both parties. They
further testified that their last years
crop was as good as any they ever
raised, if not little better. If they
made no mistake as to the quantity OF
water which they poured over their
land1ast year, they managed to cover
it twenty feet and six inches in depth.
1t appears that they turn q stream OF
water satheir meadows in the spring
about the middle of April and turn it
off about the middle of October, when
the frosts come on, keeping it on all
the time, except few days in July
when they cut the hay, and even then
they keep it on where they are not
cutting, and after the hay is cut they
keep the water on constantly for pas
ture. Winters .irrigates his pasture
only once in two weeks and stops irri-
eating it at all about one month earlier
than Twaddle. Last year Twaddie
turned in about all his ditch would
carry, about the middle of September,
to irrisate pasture and Winters had no
water In his lower ditch for his stock
or his pasture, and men went up to
turn it down and Twaddle went up and
turned it back, and they kept on see
saving that way night and day for
about week or more, when Winters
sent his men up with orders to break
Twaddle's'fum if they could not get
the water any other way. This was
done and the suit followed. | was in
formed that the plaintiffs had made an
offer of compromise, and as soon as
learned of 1t ascertained what it was.
They desired to compromise on the
basis of being allowed more water than
the irrigation bill passed by the last
Legislature allows any one to have
and, of course, the offer was rejected.
The Twaddle boys date their right to
the use of the waters of Ophir Creek,
according to the testimony for plain
tiffs, through John Hawkins in 1857,
and from Hawkins to james Sturte-
want the same year, and from Sturte-
want to John Twaddle in 1869. De
PENDANTS claim that if such right was
in fact initiated, that there was long
break in its use. They claim their
first ditch was dug in the spring of
1889 by Mike Gwinhe1, with. theree as
sociates. Mr.. Winters bought his
place in 1857 from a man named Rose.
who used to run a sawmill on Frank
town Creek, and who represented the
Mormons who had been called back to
Salt Lake by Brigham Young in 1856
on account of threatened trouble with
Uncle Sam. He purchased of Rose a
tract of land one mile wide and two
miles long, and through himself and
others has occupied and cultivated the
same ever since. In 1860 the Ophir
Mining Company bought a. large tract
of land for mill site and for water
rights to erect and operate quartz
mill. The mill was operated about
eight years, the last run being made
in 1868, and was made by r. p. Keat-
ing, and as the mill shut down on cleo
ton day and has never run since, it is
presumed the run was made for cleo
ton purposes. The suit brought to-
gether lot of old pioneers for wit
nesses, who never tired of relating
their experiences. Among the num-
Der were Hobart b. Luther, who first
saw the country in lS47, and Bishop II.
lather, his brother; w. II. Vance, r.
G. Montrose, Wiley Russell, Theodore
Hawkins, d. r. Hawkins, George Mari
VIM. Thompson, j. o. Gregory. T. A,