Show CONTEST OVER WATER the real issue s now on trial and from appearances it would seem as it the question of whether george A fuller et al were in contempt of court or not would be a matter of weeks instead of days as was expected when judge fritchle handed down his decision on thursday afternoon denying the motion of the attorneys for the respondents for nonsuit non suit it was thought that the matter of taking testimony to show why the respondents spon dents were not in contempt of court would last but a short time at least only yesterday afternoon that Is not the case however and during yesterday afternoon but one witness was examined for the defendants the first witness called to the stand was william M bostaph Bos a civil engineer whose testimony was desired as an expert on irrigation matters for a number of years mr bostaph has made surveys of the river for different parties who have been involved in litigation over water rights and has also made a survey of the entire river and has compiled a map it was the object of the attorneys for the respondents to show that in other years that during certain months the river has been dry above the eden he adgate to this line of testimony the attorneys for the plaintiffs objected but their objections were overruled the map was used for reference and mr bostaph was examined at great length by attorney kimball of the defense he was examined as to the depth of the wa r various times of the year the flow a different seasons the source of water supply during the dry season and conditions as he had observed them the testimony was mostly of a technical nature but the fact was brought out that during the years 1902 1903 and 1004 the north fork of ogden river had been dry at a point one mile from the he adgate of the eden canal during the months of july and august testimony along the lines mentioned was introduced during the afternoon but as judge has ruled that testimony will abot be considered that would tend to show that water it turned into the river now would evaporate or be lost by seepage it I 1 not understood what the attorneys are trying to show by the testimony of mr bostaph Bos As the taking of testimony had taken much longer than judge had anticipated and there seemed but little chance that all the testimony would be completed that day his honor appointed dan hamer referee to take testimony and ordered that testimony be taken today from nine a m until five p m that the testimony to bo mailed to him at salt lake it wis expected considering the facts in the case that judge lutchko would not decide the matter of contempt at once and hla appointing a referee to take testimony shows a disposition on his part to look into the case thoroughly before handing down his decision |