ST. BATHAN'S.

Dunstan Times, Issue 217, 22 June 1866, Page 3

ST. BATHAN'S.

(fkom ouk owx cobrespondent.) Jnne 18. Winter has now set. in with great severity. Within the last fortnight we have been visited with several heavy falls of snow, which lay upon the ground for some days, rendering everything very wet and uncomfortable. The snow, however, has proved a great boon to the miners, there being an abundant supply of water in the races, which has not been the case for some time past, owing to the protracted dry weather lately experienced. r lhe Sludge Channel Company have well nigh completed their arduous job, ai.d the channel may be said to be a great success. It has already made a great hole in the vast accumulation of tailings at the foot of Kildare hill. In Blue Gully, for instance, they have been uniformly loweied ten feet, and many other places in proportion. A number of claims which had long been idle are once again in full we rk. The Scandinavian Company's race is 1 ringing in very satisfrctory dhiduth, i lid shares are going up rapidly in the iuaihcl. There is no in.mtu.ate letuin to the shaieholdeis as yet, the present income having to be devoted to the discharge of old liabilities. r l he miners generally are doing extremely, well, their tmplojment now being of a settled character, thanks to the system of large claims. Some parties have lately aj plied for permission to take water out of the Dui s an Creek, conveying it by means of a race to Welshman's Gully. The application, however, has been refused, owing to the difficulty of divining the exact quantity required to ;arry away the tailings discharged fiom the sludge channel. Mr, Mining Surveyor Coates and the shareholders of the channel company appear to differ considerably in opinion respecting this matter, and litigation may probably arise. At all events the channel was cut with the understanding and knowledge that there would be sufficient waterto carry away the tailings, or it would never have lieen constructed. The difficulty is, if the volume of water is reduced in the creek the channel will be rendered useless, whi e on the other hand parties at Welshman's may be prevented Avorking ground, Jacking a Supply of water for sluicing operations. The Channel Company certainly deserve first consideration, the interest itself being a very large one, while numbers, although not immediately inter sted in the proprietary of the channel, si vertheless depent upon its successful working as a means of livelihood, their claims being utterly worthless unless theie is a get-away for the tailings. The case will doubtless be a knotty point to decide, but we have every confidence that Mr Warden Hickson will do what is fair aid equitable to all parties. Welshman's Gully still contains a veiy prosperous community of miners. The t un-.ellirg into the hills has given way to hydraulic sluicing, and very handsome returns are being made. The splendid scam of lignite discovered last winter has added much to the comfort of the residents. Thg most humble may now pass away his eveniug before a comfortable blazing fire. The coal is, without doubt, the best ever yet discovered in this province, the seam being fortunately so situaie that it can le worked at all seasons of the year. Messrs. Pearce and Washer, who hold a licensed area on the seam, are pushing forward their operations in a very systematic manner, and are kept busy all day 'oading ■drays for Black's, Drybread, Thompson's, and the surrounding country. Wednesday last was a busy day in the Warden's Court, the number of cases being uiiusu by large. I give the cases as they were heard. WARDEN'S COURT, Wednesday, June 13. (Before Mr. J. P. Hickson, Warden ) Machin (The Golden Gate Company) v. Huddleston. Unlawfully running tailings into a head race, whereby plaintiff suffered damages to the extent of £IOO. Mr. J. C. Chappie for the plaintiff; Mr. J. W. Lynch for the defendent. Ephriam Machin, Manager of the Gololen Gate Company, at Black's, deposed that the tailings from the sluicing claims at Tinker's and Smoker's Gullies had filled up between three hundred and four hundred yards of his race. He noticed the damage first on Monday week last. When the race was constructed the Company placed a fluming box to convey the drainage water from Tinker's and Smoker's Gullies over the race. The box was of sufficient capacity for that purpose. The sum claimed would be required to rapair the damage. Cross-examined by Mr. Lynch: The race was on a previous occasion partially filled up with tailings from Tinker's Gully Notice of action was given to the parties working there, but it was not acted upon. Tinker's and Smoker's Gullies are natural water courses. The box was put in to carry the natural drainage. Patrick M'Nally deposed that between three hundred and four hundred yards of the race was filled up. At the time the box was placed there was not more than one and a half head of water flowing down the gully. A larger box had been put in since, as the quantity of water had increased. Defendant's tailings had filled up the natural water course. The box measured three feet in width by nine inches in depth. It was five feet long, and had a fall of one foot and a half in its entire length.

Cross-examined : There were working* in Tinker's Gully before the race was cut The race had been previously filled up by defendant's tailings. Carlo Paganini deposed that, on the 23rd of May last, he went up the race, and found the fluming box flowing over with the water from Tinker's and Smoker's Gullies. Witness made a bank, so as to confine the water to the box. Helped to construct the Golden Gate Company's water race from its first starting. The natural drainage from Tinker's and Smoker's Gullies would not amount to more than one head and a half of water. The tailings, properly confined, would all pass througe the box. Adolphus Krons and Baptista Biella gave corroborative evidence. William Huddleston, the defendant, deposed that he had been resident in Tinker's Gully for the last three years, and eight or nine months before the conduction cf the Golden Gate Company's race was ccmmcnced. The race crossed the lower end of Tinker's Gully at right angles. Th rJ always v.eicfrem ten to twelve heads of water running down the gujly. The water was what would be ♦ointd tril water. Tie Golden Gate :C< in] m y's la e is in ni < i.e tnd a kali to t\\ o n.Li s Lelow the workingF. Ci ess-ox an ined: Would not swear that his tailii gs had not run into the Golden Gate Company's race. When they left his tail lace he could not tell what became cf i hem. No -water races had been cut into Hiker's Gully since the construction of the Golden Gate Company's race. The water is cut into Tinker's Gully frcm Thompson's Creek. Had been using a heud bin s >lf since the 3Cth June, 1864. Defendant's evidence was corroborated by William Holme 3 and Edward M'Ginn. The Warden considered that it was the duty of the Golden Gate Company to keep the tailings clear of their race, and dismissed the case, adjudging the plaintiff to pay £2 13s. costs. Three similar cases by the same plaintiff against Messrs. Holmes, Scott, and Vasey were withdrawn by consent. Healy v. Fulty.—Unlawfully refusing to transfer a fourth share in a claim according to agreement. Withdrawn. Bowning v. Pyle.—Unlawfully inteife ring with a head race by cutting off some side streams from which a certain supply of water was drawn. Plaintiff claimed £5 damages. Judgment was entered for plaintiff, but without costs. ftine objection cases were afterwards heard, a majority of which involved very large interests. Mr. Cope, the Secretary to the Dunstan Hospital, pi id us a visit on Tuesday last, and on the succ coding evening held a meeting at Mr. Fitch's old store, for the purpose of electing a local committee for the Hospital. Mr. J. W. Taylor occupied the chair. Mr. Cope explained the objects the General Committee had in clectirg lecal committees, which explanation Appeared highly satisfactorj', and resulted in the immediate foiuiation of a committee, Messrs. J. W. Taylor, S. Hanger, E. Murray, M. Gaffncy, G. Clarke, G. H., Smith, and W. Pyle, with power to aeld to their number, being duly elected.