CHARLESTON.

Westport Times, Volume V, Issue 849, 12 August 1871, Page 2

CHARLESTON.

♦ . ■ WARDEN'S COUKT. Thubsday, August 10. (Before C. Broad, Esq., Warden.) APPLICATIONS. Walter King: Dam: Granted. Walter King: Washing site: Granted on condition of not backing tailings on Collins's boxes. Edward Jones : Kesidence area : Granted. B. Turner and party : Double area claim: Granted. J. M'Laren: Double area claim : Granted. Joseph Plowers: Protection for claim for one month in consequence of dissolving partnership. The Warden refused this application, stating that the dissolution could be proceeded with without protection ; one of the partners being Margaret Plowers, wife of the applicant. Poland and party y. Carroll and party. In this case plaintiffs asked to have the pertiiicates of two dams, situated at Darkie'a Terrace, cancelled.

It was tried before the following assessors : —Thomas Eoley, Cornelius Cronin, John Harold* and John M'Afferty. The assessors, having visit the ground, Mr Shapter, who appeared for plaintiffs, opened the case, and called Martin Carroll, who stated, I produce certificates of two dams situated at Darkies Terrace. I have been out with the assessors. The dams are of the area stated in the certificates. . -' Arthur Poland: I am one of the plaintiffs; I know the gully; six weeks ago I took out protection notices the upper dam was then full of tailings; the tailings are level with the wall of the dam. It had been so for a month before. It is useless for storing water. The lower dam was nearly full of tailings and could not hold sufficient water for a government head of water for fifteen minutes. The distance from the top of the wall to the surface of the tailings is about three or four feet. Cross-examined by Carroll. I will not swear that there are not ten or fifteen feet of water in the lower dam. ■ There has been no water coming out, of the gauge box for five weeks, but it has run over the top. I measured the water and found about four feet. John Quail, stated: I. was in the habit of passing the dams frequently about nine mouths since. About twelve months and the upper dam was filled with tailings; the lower dam was partly filled. The water ran over the upper dam and through the second dam. There are more tailings now in the dam than there were at that time.

By Carroll: I cannot say if you havo ever ceased using those dams. The principal cause of the darns being filled with tailings was Hunter and Thompson's machines. I think the lower dam would hold about fifteen or twenty minutes' supply of water! I cannot say that positively. On Sunday

when I was there, the wq?ver with the tailing* about eigtkeeu inclfl below the by-Wash; S William Fitzgerald: I know « dams in dispute. I first took nct9 of them about four or five since. The tailings were running o9 of the by-wash. The lower dam vM| in- about, the same state as at proseM I found four feet of water back abol twonty feet from the breast of tho daS I saw no wetter going out ainy wjfl except through the by-washes. TH Patrick Clarkson ; I took notice M the dams throe weeks or a moaS since. The upper dam Was then ftl and the lower one nearly so. I h&3 seen very little difference in the col dition of the dams since. « ' By Carroll: When I first sawtm dams there was a little water in tfl lower dam. It would be of little ui for working. Thomas M'Coll and William Wilso also gave evidence for the plaintii after Avhich the following witness* were called for the defence. Edmund Noonan stated: I kno< the dams in question. The. upps dam got filled with tailings in th dry Weather, and there was no wate to clear out the tailings. The Secon dam is not filled with tailings. *W icould not clear the tailings until th parties above had begun to work. By Mr Shapter : I" have take water out' once during the last fir weeks. It is about a week since ] lifted the gauge. If I ran short ii the lower dam I hare to go to tf middle dam to get Water. The laa] time I used the water I did not clos the gauge. Ido not know how mucl water the middle dam would contain I believe it would contain a head o! water for an hour. I have seentti middle' dam empty since. Patrick O'Brien stated t I am out of the defendants. I know the dams, We are using water out of them. We never abandoned them. We could no! clear the dams on account of i scarcity of water. When the daw are full the water comes out over ths bywash, and when we want it we lifi the gauge. There are tailings accu mulating there still. We have tea thinking of clearing the dams an building a sludge dam for Hill's tai ings. Timothy O'Keefe also gave evidence Mr Carroll and Mr Shapter ad. dressed the assessors, after which Mi Broad summed up, and gave tie assessors the following three issues to find upon s—--1. Has the upper dam been con 1 tinuously used for the purpose of storing water, and kept in an efncienS state for that purpose ? 2. Has the lower dam been con tinuously used for the purpose o storing water and kept in an efficiei state for that purpose. 3. Have both or either wf the dami not been available for the purpose I storing water' for a period of one calendar month ? The assessors were unable to agree uponthe issues, but agreed, upon t certain verdict which they had} written. Mr Broad stated that be could not entertain the verdict He then proceeded to give judgment —that forfeiture be decreed as regards the upper dam only, without costs.