DISTRICT COURT.

Mount Ida Chronicle, Volume V, Issue 285, 21 August 1874, Page 3

DISTRICT COURT.

.Christian and othkbs v. Guffie and OTHBBB.

The following is the evidence in this case omitted in our last : Andrew White (Thomas and party), one of the defendants, being sworn, said: Was on plaintiffs race on 13th, 21st, and 26th March «kst. Made it a rule wh'eii wo wero taking water from the dams to go down and see if any damage was done. Gognrty died in March, and I then looked after Mrs. Gogarty's interest. On the above days I found a little tailings at the head of the race. On the 13th a leakage was coming in at the head of • the race, and about a head or a head and a half from the second creek. When the tail water from Gogarty's claim comes down, there might be about four heads coming into the race. Fixed the box, and 'let in about a Government head. The race would carry no more than what came down the side mce and the second creek after, what Ilet in. On the 21st it wns much about the same. Was there about four or five hours on both occasions. On 26th March went to the second creek. Could see a little sediment between there and the head. A little more at the head. Did my best to keep the race clear. The race was full. The water was running all , over between, the two creeks. I shovelled the tailings out in about half an hour's Prom four to five heads were going in from the side race, about twenty or thirty yards from the head of the race. The permanent box was twenty and a half inches in width, but cannot speak as to the depth. It was measured by myself) Guflle, and Lawcr before this time. Took no note of the date, and cannot say whether it was before or after the 26th. It was full on that day. I put my hand down, but could feel no tailings in 1 the box, The water is dirty from all the creeks after a little fresh. I have seen the race partly choked with blue reef sediment, and large stwnes from the second creek. Never saw any white sediment in the race past the creek. Cross-examined by Mr. Mouat: It is years past since I saw this sediment. The water was boring rapidly when I saw the box full. Don't think that the water was backed up by tailings. I know there Was a little sediment below, but don't think it would interfere with the flow. Pelt the race from the head to the second creek with my feet. The quantity ol water carried would depend upon the velocity. The race was four or five inches lower than the box on this occasion. When there is water we all contribute, and try to send down as much tailings as possible. I believe our party do as much harm as the others. William Guffie, one of the defendants, being sworn, said: Since the 10th December last did no sluicing up to Bth , March—neither me nor my partner. On Bth March ran tailings in the afternoon. Was at the head of plaintiffs race on 23rd December last, alone, [At this stage the Court adjourned till 10 a.m. next morning.] William Guffie's examination continued: On the 23rd December there were no tailings to impede the flow of water from the creek or side race. There would be rather better than a head and a half in the creek, and another in the side race. I was not there long on that occasion. I did not clean up. any of the race, as it did not requireit. The Bth of March was the first occasion on which we worked after the 9th December. There was a flood at the last date. I visited the head race on the 11th of March. There was water in the side race, which was discharging about five heads. Complainants' race was as full as it could carry, and running down, the race as far as the second creek. At the very head of the race and the edge of the creek there wero tailings, but none below the point where the side race enters, about a yard from the edge of the creek. On tho 24th March I was again at the head of the race. There were with me Mr. Law, Mr. Rowlatt, and Mr. White. There were a few tailings, but not sufficient to be a hindrance to the ■ water coming in from the Little Kyeburn. I think there would be a little better than a half Government head, a portion of , which was running into tho race. The side race will carry five or six heads of water quite easy. I was one of the party who cut it. The flattest part of it was to be one and a half inch fall to twelve feet. This was specified in the contract. We paved it in a great many places to prevent it from cutting down from its fall. There is a gage-box in complainants' race, about fifty yards down, put in by them—a closed box, which appears to have been put in to gage the water. It is twenty and a half inches wide in the outlet end. I forget the depth and the calculation made as to the amount of water tho box would take through it. The *ace has a good, rapid fall above the box. I think, since the 11th of March, we have run three dams. I think they would contain three Government sluice heads. We always send down a man on such occasions to turn down the water. It is quite possible for a man to keep the head of the race clean when a dam is running. , Mr. Mouat: Nearly clean P Witness: Clean. If we were discharging three heads, with a half-head in the creek, I think the complainants would get one and a half heads down the race. I have not been down since the 10th of December for the purpose of clearing the race. Many complaints have been laid against us for the same cause. Prior to t£is case one of the complainants, Wilt liam Nicholas, has invariably been a witness against us. Mr. Rowlatt put in defendants' miners' Tights as supporting an affirmative plea of title.

Examination continued: We hold licenses to divert water from the Waitaki 'side, in company with the late Mr. Gogarty and Mr. Greer, who are partners in the same race. Under these licenses we are authorised to take the water toClarks at a point at the head of Tait's Gully. The water must escape from thence to.the Little Kyeburn. I posted the application myself. The fall of Clarks Guily is towards the Waitaki. Tait's Gully runs up from this side. Our race was not brought to the head of Clark's Gully, but on the dividing spur at the head of Tait's Gully. Our water would not; go within fifty feet of the hill, even after large flumings were put np. There is a lower saddle which we have fluraed, coming oh to the Kyeburn side. According to our extensions, as per endorsements, we were authorised to bring the lace to White's Gully, which is the same as Taits. White's Gully falls into the Kyeburn. The race has been' constructed to that point. I have been six years at the Mount Burster. .Since wo have been running into the Kyeburn Gully we have taken every precaution in ouv power to avoid

injury to the plaintiffs. I produce our tail race certificates. The first we got authorised us to terminate in White's Gully, the other in Peter's Gully. Cross-examined: I posted application and notices : also attended to the necessary marking. I don't think I gave notice to the plaintiffs. I knew there was a race down there, but did not know the parties particularly interested. I marked out the tail races. I point out where our tail race joins the Gorge. The two branches do not drain an equal area. The one runs right into the bosom of the Big Kyeburn ; the other only drains a low saddle. The gullies are steep. The tailings do not travel when we are not sluicing, except in flood times. The tailings extend right down the creek. The rock rises behind the claims very high on the Waitaki side, which would make it almost an impossibility to use that shed. It would take £IOOO in the case of Thomas' party. Some ' ground has been worked down the Waitaki. Mrs. Gogarty's claim, being higher up the saddle, could be so worked; Mr. White was re-called: Licenses produced. - I recognise one of them. It authorises a termination into Webb's Gully. I posted the notice about 100 yards on the side of the spur, out of the bed of the Gully—on Tait's or White's Gully. The race was : conducted to that point. . The water, from .that point must escape through Tait's Gully to the Kyeburn Creek. The claim we are now working is situate near the discharge of the race. Tail race certificate produced Race was to terminate about half way down Tait's Gully. We called it "a small gully south of Clarks." Tait's' Gully terminates in,the Kyeburn shed. These tailraces since their construction have always been in use when we had water.

Cross-examined: I never gave any notice to complainants. Donnelly v. Hit or Miss Company.— This case was re-argued before the Court. His Honor reserved his judgment, intimating his probable consent to allow a case to be stated before the Supreme Court, on certain legal points raised.