Coeur d'Alene evening press. (Coeur d'Alene, Idaho) 1907-1929, 1910-02-18
OVERFLOW CASE
DRAGS ALONG
Witnesses From Washington Tes-
tify for Power Company

that ne mad been over the lands at
various times. Had wandered through
mud several times between the
river bank and the channel leading
from Benwa lake and Chatcolet lake
on sections Q and 10.
Had visited the st. Joe river eight
or ten times since 1887, during July
and August; always found the lands
on both sides OF the river swampy.
E. g. Cowles, a farmer of Green
acres, testified that the lands on
both sides of the river from Chatcolet
lake to the upper end of the big mea-
dows were swampy except along the
river banks.
w. III. Cowles, barber from Spo-
kane, testified that the lands on both
sides Of the river from Cnatcolet
lake to Benwa lake were swampy.
Ralph Howard, for years news
boy on the o. r. & N. between Spo-
kane and Wallace, testified to pur-
chasing some cattle near Rockford
and driving them to the reservation
along the river. Witness swan his
horse across section 80, while he
walked across the railroad bridge.
The Indians caught his horse. The
trail led along the river bank to
the fish traps three miles above
Chatcolet bridge. There was no
place that a person could cross from
bank of river to hills, the grounds
were SO marshy. In 1891 sowed
timothy seed on eight acres of land
on the Butler ranch, started to cross
big meadow from the west side
but had to turn back because there
was too much water. In 1892 visit
ed Goose Heaven lake and found
land on west side of the lake so
Doggy that it could be shaken. From
the bend of the river in section 2 to
the hills known as the mission.
person could cross afoot. In south
west quarter of section 3 there are
strips 200 to 800 yards that were
covered with water. In 1894 cross
ed the trestle with row boat. Had
cattle ranging between Occur a.
Alene river and the st. Joe river.
In April, May and June the high
water occurs on the river. Never
saw large portion of the south half
of section 80 dry There is a lake
on the line between 5 and 80. The
last of August, 1900. was on the big
/ meadow, could not reach the lake
on the meadow, but found places
where by Earring the land it would
culver. Went hunting and fishing in
1894, travelled over the meadows
from trestle to the fish traps in a
boat. While driving cattle along
the north bank of the river they
would occasionally stray of out into
the meadow. Wouldn't go far on
account of high water. In the south
west quarter of section as the land
is all wet. Had never been over
the north half of section 81, but
have been along the high banks.
From 1899 to 1904 passed over the
o. R. & N. railroad across the west
end of the lands in controversy in
the passenger service of the o. R. &
n. railroad company and had OBJ
served the conditions of the lands
along the river from time to time.
On cross examination witness tes-
tilted that he had been in the carpet
cleaning business in Spokane since
February, 1903. Had run trains be-
tween Seattle and Tacoma about four
months. Had lease on train from
Wallace to Spokane Sold papers,
fruits, etc, besides braking for the
company.
Sibley and Fisher accompanied
witness in driving a herd of cattle
from near Rockford to Chatcolet,
where the herd was compelled to
swim the river. While driving the
cattle along the river. seeking a
crossing over the meadow to the
north toward Black lake. we attempt
ed to drive the herd across the mea.
dow In section 5, but the cattle re-
fused on account of water. Tried
again on the section line between
sections and 4. but again the cat
tie turned back on account of water
and mire. and came back to the
river. Drove the cattle 20 the Black
lake trail, but it was covered with
water 6 to inches deep during July