Coeur d'Alene evening press. (Coeur d'Alene, Idaho) 1907-1929, 1910-01-19
GRILL FERRELL
ON THE STAND
Attorney Post Makes War on
Pioneer Settlers Testimony

In the overflow case w. w. Terrell
testified to seeing logs driven down
the st. Joe river during the sum
mer months, June and July. Had
seen a three-mile current in June
and July some years ana other
years half a mile current. Had
noticed marked caving in OF river
banks all along the river from Fer
rell to the reservation line in 1907
80. Drains of low lands whose
mouths empty into the river were
six feet above the low levels OF the
river, are now below the level OF
tn river and the drains are now
courses for water to run over the
meadows. Now a four foot raise
floods lands that were seven or eight
feet above the level Of the river.
Water now held so close to the level
of the surface OF the land that neith-
er hay or anything else can be
raised.
Mr.. Terrell identified a photo
graph Of the town OF Terrell that 1T
correctly represented the town of
Terrell at that time.
Mr.. Post objected to its admission
as evidence. Mr.. Rallinger for the
intervenors contended that 1t was
proper evidence, showing the secre-
tary of the interior the Importance
of the town of Terrell.
Mr.. Gray became excited and at
tempted forcibly to take the panor-
annie picture from Mr.. Ferrell's
hands.
Mr.. Terrell said: Hold on here,
a minute, will you? / have this.
You may have it when l get through
with it."
Mr.. Post: 4 object to Mr.. Fer
rell's objecting to giving Mr.. Gray
the pictures.
Register Batting ruled everybody
out of order, took possession OF the
picture of Terrell and ordered Mr..
Elston to continue his direct exam
ination of the witness.
In 1909 the water stands on
the lands about the towns of St
Joe and Terrell, scalds the yegeta-
ton and becomes stagnant. These
pools become reeeptacles for surface
drainage. Rising water has soured
soil so that land that is not six fee.
or over above the lower levels OF
water in 1906 is unfit to raise tim,
othy or any vegetable crop.
When witness was requested t:
designate on the picture of Ferret
lands shown to be overlooked, Mr.
Post vigorously objected to spelling
that picture of Terrell by putting
marks on it." and the next momen
stoutly protested against government
counsel, Mr.. Dixon, coaching for in
tervenors.
Witness claimed 40 acres of hi
land damaged by the backing up o
the water by the Post Falls dam
J These lands are about SO miles dis
tant from the dam.
. Mr.. Post confronted the witnes
, with his speech at the irrigation
: congress in Spokane, on Angus
liz, 1909. An hours running FIR
/ of cross-examination BY Attorne
t Post failed to confuse the witness
A popularity of the rulings toda
4 was the admission of large section
: of the irrigation congress speech o
| the witness that was ruled out Il
: toto in the government hearing,
: explained by the government avoid
ing the statements in the speech o
direct examination.
5 The manner of conducting tn
b cross-examination was objected u
/ by the witness and when Attorne
q Post bent over him. holding the pie
e ture of Terrell. on which the vii
y ness was being cateehised. Mr.. Eel
a rell exclaimed: Now, hold on; jus
sneak in a lower tone; I'm not use
to being yelled at. You sound
though you are mad. If you don
: change your manner l may get
b talking in the same tone and 20
i may think I'm mad.
= After continually obieeting to an
|, further questioning of witness re
r reIl as to his speech at the irrigatio
# congress and being overruled. Alto
. new Elston, for the interyenor
+ moved to continue the eross-examii
; alton at the expense Of the Wat
nou,ar ennnnanY alone. The MOTIF