Montour American. (Danville, Pa.) 1866-1920, 1910-11-03

Of the plaintiff aud which has been
repeatedly alluded 10 la connection
with the damage alleged TO have been
done by the coal dirt The Mud
Fishery" is survival Of the DAYS
when shad were caught in the North
branch Of the Susquehanna. The wit.
ness described natural eddy Of wide
scope occasioned by the peculiar ioima-
tion of the river bed at that point. At
| low water the eddy Is still discerni.
/ bile. As tile river rises II grows in
scope and velocity until high water
mark is reached, when its wide sweep
embraces the submerged low land The
| rotary motion of the water, which in
the olden day brought in the shad. il
| Is alleged, under present conditions is
/ just as eificacious in drawing in the
culm and depositing it on the land
! L. @. Mensch, one of the attorneys
in the case, was called to the stand.
Since December 1901. the river along
| the southern shore below Cataw issa
creek has contained deposits of coal
| dirt. Above the mouth of the Cata.
wissa creek on the other hand, it is
alleged, very little coal dirt is seen ON
the southern shore The current above
Catawissa, the witness explained, is
! thrown over to the northern side of
the river by bend in the stream. The
Catawissa creek is subject 10 great
| floods during the winter season. Fol
lowing each of these floods the river
ar the mouth of the creek contains
great deposits of coal dirt
William Getty, who was employed
ON the plaintiffs farm in 1904 and oc-
cupied the tenant house, was q wit.
ness. He described the failure of crops
and the deposit of coal dirt on the
tract, which, he said, came from the
river. He estimated the depreciation
at $4,000. Some of the culm. the wit
ness said, came down the Catawissa
creek. Prior to 1904 he observed coal
dirt in the river and along the edge of
the stream.
The witness was on the Eckman farm
when the big ice gorge broke. Cum
was frozen fast to the bottom OF the
ice cakes deposited on the land. and
when the ice melted the culm remain
ed on the tract.
William Rishel was the next wit
ness. Since last spring he has lived at
Rupert Prior to that time he occupi-
ed his farm on the high ground op-
| posite Catawissa, where he had an un-
ohstructed view up and down the riv.
er. He described curve in the stream
| above Catawissa and its effect on the
current. He has observed the deposits
/ OF coal dirt in Catawissa creek. Dur
| ing the past summer during low wat.
er lie took boat from Catawissa to
Rupert he saw no coal dirt in the
| river between the two places" while
! the bottom of Catawissa creek looked
| like coal bank y
Boyd Trescott, engineer & surveyor
representing the plaintiff. who accom-
| panied the jury on its tour of the coal
field was examined at length.
From the mouth of the Catawissa
creek to No. colliery of the defend
ant coal company. the distance, he said
is thirty five miles. The entire water
| shed embraced in this distance is one
hundred aud thirty five square miles
At intervals along the course of the
creek are deposits of coal dirt, not only
in the bed of the stream but also on
the land along shore submerged dur.
ing high water.
At the No. coal works are enorm-
ous deposits of culm so situated with
reference to the headwaters of the
creek as to be washed into the channel
with every heavy rain Witness de-
scribed the stream and the lay of the
land adjacent, the slope aud surface
features of the latter being such, ii
was alleged, as to favor sudden rise OF
water accompanied with swift strong
current. With every rise of the creek,
he said, large quantities of culm are
engulted and carried down the stream.
In cross examination Mr.. Trescott
was referred TO point on the NORTH
Branch and asked to describe condi'
tions. In the vicinity of Nanticoke, he
said, there is culm i'll the river. BE
tween Berwick and Beach Haven the
channel is clear of coal dirt. This is
due. it was explained, to the presence
of the dam at Nanticoke which inter.
cepts the culm.
George Ross was called to the stand.
While hunting muskrats he passed ov.
er the lowland of the Eckman farm.
He testified as to the depth of the de
posits of coal dirt, which at some
places ''were up to his boot tops.
NJ. Geary and William Rerninger
formerly proprietors of grist mills on
the Catawissa creek, testified as to the
accumulation of culm in their respec
tive mill dams At Mr.. Berninger':
mill since 1901 the deposit has grown
until it is ''three or -four" feet deer
and has filled up the dam two-third.