| Show TIFF WANTS BENEFIT OF E fat s c north ogden irrigation company Is charged with changing the course of ogden river from wednesdays standard the case ot francis carver TS ahr north ogden irrigation company wa on trial in the second district cour yesterday at both the morning and afternoon sessions the case on trial is the one in ahki judge armstrong issued 0 restraining order august SO restraining the dr tend ants from further with tho flow of water and changie ch angin the course of the north fork ot ogan river the complaint alleges that the d tend ants entered upon the plaintiff land and to change alx course of the river from the west nel to the east channel and 10 straighten the course of the same aali to till it with material which prevent ed the seepage of the water to trie land of the plaintiff the plaintiffs asked ana the defendants be restrained from further ing the course of the river and thai they be assessed the costs of the sun A number of witnesses were axam ined for the plaintiffs including enoc farr nathaniel montgomery mr kate 0 chambers W 0 shaw john carver james montgomery anil thomas blaik it was sought to show bs their tea almony tho conditions that had existed for a number ot years of tha witnesses having been familar with these conditions the attitude of the north ogden people was also brought out regarding their effort to clear the bed of iho river tile testimony in the main would in dacate that the plaintiffs received no benefit of seepage from the river dui ing the irrigation season the festl mony being that there was no water in the channel through the season and that consequently any changing of the channel could not in any way have injured the plaintiffs during the cloais examination a laughable incident occurred while james montgomery was on the stand judge maginnis was conducting the cross examination of the witness to locate on the map a depression or water hole four or alv deot in depth the witness readily located the water hole and stated to the court that h was acquainted with and described the same judge maginnis Ma ginnia then told the alt nees that there was not such a water hole or depression as ho had described and mr montgomery said well there ia ono somewhere the court indulged in a laugh at tho discounted witness even hla and the incident was closed john carver testified that he had frequently changed the course of the river that he had many times entered the bed ot the river during the past 25 years to chango its course and that be had never benefited by seepage waters the defendants say that no one can claim a prior right to seepage waters and that those who have a prior right to tho waters of the stream can use every method to obtain the water it is expected that the plaintiffs will rest their case by tomorrow at and that the defendants will then submit their testimony |
