CHARLESTON.

Westport Times, Volume V, Issue 809, 6 May 1871, Page 2

CHARLESTON.

WARDEN'S COURT. Thursday, May 4. (Before C. Broad, Esq., E.M.) Eries v Rosenburg. Claim for £2 for encroachment on the plaintiffs claim, situated in Constant Bay. In this case the plaintiff stated that he purchased the claim from John M'Herron who had worked it for 8 or 10 months. Plaintiff held another claim in which he himself worked, and had a wages man employed on the claim in Constant Bay. John M'Herron, James Cunningham and Alfred Logger, also gave evidence for the plaintiff. The wages man employed by the plaintiff was examined and turned out to have no miner's right. Verdict for the defendant with costs. O'Donnell and party v. Birrel and party. Mr Shapter appeared for the complainants. In this case there was a cross summons and it was agreed to try the cases simultaneously. David Cahill, one of the plaintiffs, produced the certificate of a race and stated that the defendants had washed away 126 feet of the race, causing damage to the amount of £3O. He also stated that they held two dams _in Prospector's Creek which supplied the race with water; they had been using other water themselves in consequence of the condition of the race, and had allowed Denis M'Auliffe and William Mullina to use the water from their dams. John Scanlon and another of the plaintiffs also gave evidence. Denis M'Auliffe and Wm. Mullins stated that they had been using the water by permission of Cahill and party. John Mathews gave evidence on behalf of the defendants, and stated that they had cut away the race, and that there hud been no water running in it since. Nicholas Barry also gave evidence. William Shepherd stated that he knew the race in question ; the tailwater of his party flowed into it. The defendants had flumed a portion of the race in consequence of a notice received from Cahill and party. The Warden stated that he would not allow any damages, but ordered Birrel and pirty to flume the portion of the race injured, and to pay two guineas professional costs and costs of Court.