The Alaska citizen., 1911-05-08

take of the plaintiffs ditch did not constitute an abandonment of it and that the notices filed by the defend ants predecessors. when they staked the water right on Quartz creek. gave notice 10 Eglar and his prede- c.ssors that they might subsequently change the place of use of the water IS they stated that the water was for use on Homestake bar "or al any other poilt where said water may be required
 An action involving an interest in 'he Nigserhead association on lower Dome. entitled Max Manager vs. Matt Schroeder was commenced on Tues day The plaintiff. Manger. claimed that on May %. 1906. he bought a one-eighth interest in the Niggerhead from the defendant for the sum of s2,o00. paying at that time the sum of s2O0. Another s500 was to be paid in twenty days and the balance of 1900 on August r.. The plain tiff asserts that after he had made the second payment of S5oo he dis covered that the defendant owned only onc-siXteenth interest in the claim and that he therefore wished 'u pay for the one-sixteenth interest at the rate agreed upon for the one eighth. or $500 more. making a total of $i UO0 This was refused and the defendant Contends tha by not paying the balance of s1 1.300 the earlier pay ments were forfeited After the tcs- timony in the case had been given The court directed verdict for the plaintiff who is found to be the owner of a one-siXteenth interest in
 he Niggerhead. and has been the owner since May p. 1906 The yer dict also gives the plaintiff the sum of sl,57S75, rents and royalties ac- cruing to the one-siXtecnth interest during the year 1910.
 The case of the United States vs. Franklin Moses was dismissed on Wednesday for lack of evidence. Moses was charged with embezzle- ment. the indictment specifically charging that he had made false claim against the government
 The trial of David Olson, who is under indictment fer the murder of David Nagle. has been set for May l.. this being the next of the crlml- nal cases to be taken up by Judge Overfield
 An order was on Friday entered by Judge Overfeld in the matter of the claim of F. H. Osborne Naudin against the Washington-Alaska bank. The showing was made that in May, 1910. Naudins mother gave him 300 pounds sterling to be invested for his three children, and that he deposited s916.50 of this amount in the Washington-Alask bank to the F. H Osborne Vaudin trust account, checking against it until balance of s5i2 remained. The bank holds the note of Vaudin and Adolph Jest land. a part of which has been paid. The court orders that the receivers treat the balance of s542 in the trust fund as an ordinary deposit and ap- ply sufficient amount thereof to take up and satisfy the note. also that the remainder be classified with the other depOsitors' claims and that Naudin le paid thereon the dividends already passed and others that will hereafter be declared.
 Judge Overtield on Friday con tinued the case of Charles l.. Thompson ct al. vs. Walter King ct al. until May s. when the order to show cause will be argued. The case involves a claim for an interest in Cne of the left limit Goldstream benches. The court on Friday modl- fled the restraining order in so far as to allow the defendant to sluice. but directed that One-thlrd Of the gross output is to be deposited in the registry of the court. The plain tiffs are to be notified of the clean ups so as to have a representative present if they wish to.
 On Monday, on motion Of Dls- trict Attorney Crossley, the charge against Peter Johnson, who was in dicted for giving liquor to an In dian. was dismissed, there not being sufficient evidence to convict.