Show 1 I THE GOTO CT THE CASE justice brown decides a case defendant discharged another complaint Om plaint court resumed session at 2 C E crandall Cra adall in the rogers perjury caad that water without embankments bank ments and would not run from mr moores placa to dr place witness bad never been water flow down in an old roadbed to dr rogers place he was and the water could not lave been to dr rogers place without his knowledge cross examined it ia that water could have beba taken ut of the alta ditch above mr moores place without mo knowing it 5 S moore in regard t the formation of the ground where dr to having tak en water out f tha alta ditch the cauntay was broken witness wae in petition to eoe if any water had been takes out he had not seen any taken out had net seen dr rogers at a meeting ef the ditch before 1889 and 1890 water it turned out of the alta ditch at the point testified to by dr posers would not run into the road and if turned in at other points it would net run along the read ta dr rogar 0 ace on account of tha of tha land croad it ia impassible for dr rogers to have ran water dawa the old read fram the alta ditch to hia land it is nut probable that I 1 am mistaken in in saying that water wae net taden e ut of the alta ditch at tha point tea tined to lay mr rogers I 1 am not aware tha 1 have been particularly active in gett tins tt alimony in this case W K henry first knew the alta irrigating ditch in I 1 lived on air moores land in 1880 witness did net know of any water ditch at tha point testified to by dr rogers in 1886 he testified teti fied to the manner of regulating tha water in the alta ditch water could not hare been bakan out by dr rogers without witness knowledge ater would not run along the old i road aud to dr rogers placa bresn examined I 1 estimate the ability of water to run down the road to dr HOSTS place from the appt aranca of i the land to the edge 6 B moore wa recalled he had tried to run water along the old road and it had run out of the road to the adouth mark downs had crossed tha road two or three times a week in 1884 and and had not fiehn any water nor bigna ef water there cross examined I 1 dont k n 0 w whether abera was any water running in the alta ditch in 1885 henry downs corro bated the testimony of the previous witness george I 1 worked for dr rogers in 1886 get water from dry conyon to irrigate with there was BO water aed from aba alta ditch to irrigate with that I 1 know of in 1890 there was some taken from the alta ditch far irrigating dr rogers land dameg spears had scan no water in tha old road oscar lived ner the alta ditch from 1883 to 1887 moorea wa aba highest place on the ditch that any ODB used each awatar taker kuok all the water in the tream when we used it never lost a turn except through the ditch breaking never knew rogers to take water out of the alta ditch several other witnesses were examined to the court adjourned till friday at 10 clock FRIDAY met at 10 A number of witnesses ware examined in the rogers perjury case oscar wil kibb win VL henry newel knight and H H testified teti fied forthe that the water could not run along the road bed to dr rogerd land without being made to prevent it from running out of tho road this the the pros cution the defense had twelve witnesses sworn who will testify in behalf of mr rogers B F parson was the first witness fur the defence nae saw water in the old road in tha water entered the road about luo yards B merria house the water ran alent aba road to within about yards of mr rogera house the water came int the road from the alta ditch through an old ditch saw the old ditch onitha of last ove saber I 1 have ecea the water rua down the od twice to my knowledge crosa examined wa about seven sixth of the entire stream in th alta ditch running ia the road he direct rho water in the road ins terl ered with traveling J M brant saw water running along the old road in from mr moores place to a point below sir place is a sand bank by ti pears land now that was not thare in ibbs aavo seen ater run alon onto dr rogers land from air spears land his was a vi eek ao list sunday cross alio run ning in a plow furrow ladt sunday did not see any other banka along where the water ran W C brown saw water run alone the old road some seven or echt yara RO arm mr moors house to a little dat of spears baw water fraai spears place to dr rogers placa about two weeks ago line was run in a plow furrow it teok two hours for the water to ruu from place to dr rogars land the waa running road be aure it waa tamed m the plow furrow the other gave testimony for ane defense similar to that of pear aon braat and brown all the witnesses were not examined this forenoon adjourned till 2 BROWS there waa a double baer cabo tried before justice brown this appears eliat john xa jiBed a cabb of lay aug and liter in day he received in formation abat a man by the name of win had told that had helped stevan featherstone Fc atherstone of amei can bork to cary a case of beer away from mr peters place of business ilc waa arria td aad mr feather acne was brought over on a complaint made before justice brown and had bis hearin this mornine rl canne not cuilty he explained that neau whom he had known about two weeks had him t help him to carry the beer anav and ha had done so posing all tha time abat the beer belong mp ed to they haj taken the beer about a block anil a half and covered it up after taking out five or six bottles fhe leaon aliey bad left the beer was that had been too drunk to carry it any farther was the witness tle tl e prosecution se had depended apon to prove the charge in the complaint but he said he could not remember and distinctly having been en a spree ainoo saturday night he had every appear mca of the later part of his statement being true but the of fiers say when h waa arrested yesterday ha could very straight story which he told claiming that he had helped featherstone car y the beer anav at his request As anere was to contradict mr statement he was discharged mr featherstone is a fine lacking intelligent man and the experience may serve to keep him out of bad company in the future mr peters swore out a complaint against mcdona u as boon as mr fea tb erstone was dischar irad charging him with the stealing of the beer and he will have his hearing at 4 thia afternoon he has the appearance of being the victim of drink rather than a tough and claims hp is fl hard work aag man but of course that will net help him in this case unless he caa bring bome proof of his innocence of the charge against him as the beer was unquestionable tokea away by the two probate geurt in estate of anna isabella lords deceased petition far appointment of commissioner to maka partition et estate set for hearing dec ath in the estate of spicer W Cranda II deceased order for final discharge of of administrator in the estate of samuel Bee deceased will admitted to probate and letters ordered issued to febee FF Bee taking the oath prescribed by law and filing bonds in tle eum of in the estate of and guardianship of henry wing a minor petition for con fir mAtia of eale of real estate bet tor hearing dec in the estate of ludwig haeffner La effner deceased beanes of application for order of sale of real estate continued for further bearing till dec ath in the estaba of stephen markam deceased for discharge of executor in the stat of hans hansen deceased application of levina J hangen to set apart the whole of estate for support of widow nd miner children set for hearing dec in the batata f janaes Knud deceased final account of jamea y special administrator approved final account f julius administrator set for lurther hearing dec ath in the estate of ceorge C schell deceased petition for admission admies ion to pry bate of last will aud testament set fur hearing dee la the estate and of william and margaret craig audura order appointing appraisers or baid estate |