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Show BEAD niJIi CASE IS NOW Hi PROGRESS Defense Seeking to Show That Water Did Not Reach . Springs. Before Judge Dlehl and a jury, tho trial of the second charge made by State Food Commissioner Peterson against T. M. Herbert Her-bert and.H. A. Barton, proprietors of a hog ranch on the east side of tho city, was begun Friday morning. The hearing . will be resumed Saturday and will likely be completed during the day. leaking- Stubborn Fight. Attorneys Weber and Hutchinson, for the defense, are making a stubborn light, carefully contesting every inch of the ground. It does not appear that they will deny that Barton and Herbert threw tho dead hogs Into the ravine, but from tho long drawn out arguments made on objections Interposed by tho defenso It seems that the contention will be that the waters of the canyon do not How down to tho springs used for domestic purposes. pur-poses. Canyon Course Traced. Inspectors Peterson and Frazlcr. who hud been over tho ground after the matter mat-ter of the. dead hogs In the ennvon had been brought to tnclr attention, testitled that the watercourse led dlrectlv down to the springs that wero used by several families for domestic purposes. Tho defenso de-fenso sought to make much of the statement state-ment of these witnesses that at tho time of their visit the bottom of the canyon was practically dry Legal Points Raised. Much of the court s time was taken up listening to arguments as to whether or not the witnesses had ever seen water How down from the place where the hogs Avcre dead to the springs in question. Sir, Hutchinson's attitude seemed to bo that he wanted a witness to swear that tho water in the spring was composed of precisely pre-cisely the same Identical drops that had been Identified when starting from tho Barton ranch. IIo also wanted tho witnesses wit-nesses qualified as experts to say how water Hows. Spring's Are Used. Mrs. Martin, W. Ji. Van Hubblck nnd a number of other citizens who live along the lower portion of the canyon testitled that they did uso the waters from the various springs therein for culinary purposes. pur-poses. Scavenger Keene told of removing, remov-ing, by Mr. Barton's ordent, eighty-one dead "hogs, some from the bottom of the canyon, somo from the elope of the banks. Says Canyon Was Dry. Ben Harries, the only witness so far Introduced by tho defence, said that he had only once seen water flowing down from this portion of the canyon to the springs below. It will be recalled that In his testimony given In the previous hearing on the charge of selling dlneased pork, Barton testified thijt AlicrnDsiL.QLtUc...bpES.he, rostuicOfrorri the January Hoods thnt came down from the hills ami covered with water the pens that are drained by tills canyon. |