Show THE SHUPE CASE the testimony all in on alloth sides the motion to quash the indictment against james taylor confessed by amri and an order is issued to re sub mit alie case to the grand jury TUESDAY the case of lorin farr vs P R shupe the objection was modified to an exception to said judgment immaterial thomas farr waa sworn he was employed on parrs mill dam in 1884 as overseer the northern part of the levy was completed about the or of september could have turned the water into the dam from 20 to 30 days sooner had it not been for the injunction had no other source of supply of water for the mill race he corroborated corro berated the evidence of the previous witness his fathers individual land is the land in culli sir jonassen moved that the testimony bo stricken out as the suit Is a partnership affair the jury was then excused till ten a m on wednesday james P anderson and andrew anderson of bear river city were admitted to citizenship the court then adjourned till ten a m on wednesday may 27 1885 TO daya SESSION this morning at ten after the opening of the court and the reading of the journal in the case of the U S vs james taylor mr dickson confessed the motion to quash the indictment in consequence of the names of two of the witnesses not being endorsed indorsed indor sed on the indictment and asked that an order be made for the case to bo reconsidered by the grand jury judge asked that the commissioner be required to file his record the reconsideration of mr taylors case by alie grand jury was ordered in alie matter of the filing of the commissioners record the court thought they could bo obtained without an order mr bierbower was unavoidably absent not bo able to defend hoffman captain ransford smith at the request of court undertook to represent the defendant the case was set for tomorrow afternoon river and its surroundings was introduced as evidence in the farr shu po case mr parrs examination in chief was continued ho pointed out the dam the mill race and the mill on the map cross examined by mr jonassen they turned the water in about the of september by mr kimball the wooden part of the dam was put in 16 or 17 years ago last summer piles 16 orla feet in length were driven in close to ho dam and piles four fact apart were driven in lower clown thomaa L williams was called and sworn Is 69 years old and was born in the milling business laughter works for L farr co evidence of the former witness was corroborated by mr williams miles H jones was colled he resides on ogdan river near farr co s dam explained the location of the river and the dam on the map farr was recalled and ho explained the map the minutes of the clerk to show the judgment in the case of shupe vs farr was admitted as evidence for the defense the jury was given a recess of ten minutes mr asked to amend tie as to to the mill business and make mr jonassen objected on the ground that the question was too late alio amendment was allowed and exception taken by alie defence waa instructed to record eliat an order had bean fiade allow WK the plaintiffs to lay their damages to the floering flouring flou ring business in the on alie return of the jury they were addressed by S J jonassen for the defense the complaint is denied entire by the answer and the defendants deny that the plain were damaged in any borni whatever the plaintiffs have gone further up the river to to make their dam and thus overcome the necessity of turning the river on the shapes land mr kimball objected to this on the ground that in the case of shupe ys farr the present plaint iId were said to have the right to make hear dam t is the court concurred in this objection and re ferrad io his ruling yesterday this proved to sticking point but the attorney ev finally continued his address to the jury ho desired to prove to them that mr farr built his dam higher than was necessary obtained more water than was needed and thus gome of the water ran on alie defendants they will provo that no attempt was ade by sir fair to dissolve the injunction until tho ad day september and that the the delay and not the defendants fend ants fur the defense jno W was called and sworn he u acquainted quain ted the alver and if sur rounding roun diug as shown on the map the building of the lam was commenced immediately after the injunction was served does not re member how many men were at work on the dam Is acquainted with the building of dams they could not have worked any more men with advantage on the dam the upper part of the levy is about five or six feet higher than at alie apron where the waste water runs off there would be sufficient depth of water to run the mill without running over at the waste aaroa the water could be about two or two and a half feet deep and five fet in width sheriff G R belnap appointed bailiff of tho court for this term erasmus 0 was admitted as a citizen of the united states recess till 2 pm was taken AFTERNOON SESSION albert heed late of idaho was admitted to practice at the bar of this court john W shupe resumed his testimony he had made some mea sure ments at the dam since he was on the stand in the morning the mill race is thirteen feet wide and will carry four feet of water the usual depth of water is two feet there is an irrigation ditch gate on the north side of the during last august the mill race would have taken the whole of the stream in the river without running over onto his land by mr kimball has built dams in many places one in ogden canyon about 1863 did not res member the exact time when mr farr put in the south part of the dam would think it waa about twenty years ago takes the water for the ice pond from the river alone prior to last summer parrs mill race followed the bluff the water was taken out at a point higher up the river from where it is taken out now the channel of the river was changed when the dam was built last summer he filed the suit for the injunction last july he stated in the complaint that if farr built the dam it would cause the water to flow in his land the term sluiceway way in the complaint refers lo 10 the dam and flood gates sometimes the plaintiff raised his gates and the whole of the river could run in tt takes two feet of water to run the mill in the spring of the year the mill race would not carry the whole of the water in the river when gate tho water runs over the daw by mr kimball the water was turned in on the ard 3rd of september before the injunction was dissolved Is sure it was not on the A J shupe was called the water was going through on of september water was turned in before eliat the rest of the witness testimony corroborated that of J WS hupe mr J 6 stephens in his cross examination said the date the water was turned in was september ard 3rd he remembers it distinctly because he put it down on a scrap of paper he saw this paper a day or two ago had looked at it because he had heard the matter mentioned redirect by mr jonassen mr shupe asked witness to po out on the dam on tho ard 3rd of september J W shupe recalled re called by mr jonassen the papers were served on the ard 3rd ot september and he took several witnesses out BO as to get their affidavits the court ordered this testimony to be stricken aut F C manning was called and corroborated previous evidence in cross examination witness stated he waa certain alie date was the third of september when the water was turned in lie could show counsel the date in his book if he would come up air enrin farr recalled re called said the head gate was for the purpose of preventing a surplus of water running in alic race which surplus if allowed to arumn would be liable to cause breakages break ages in the race the amount of water in the river ast year was more than double tho quantity for many years past cross examined the regulating if the water was done under his direction last summer gave no instruction corthe of the ditch on the north side to be shut down for tho purpose of obtaining more water for his mill loBed the testimony in tills caw the jury was then addressed by counsel on both sides at considerable length |