CHARLESTON.

Westport Times, Volume V, Issue 890, 21 November 1871, Page 2

CHARLESTON.

(from our own correspondent.) November 20.

In the "Warden's Court on Friday last, Carroll and party sued Poland and party for damages to a dam by the breaking of another dam of plaintiffs, which defendants were using by order of the Warden. The dam broke away on the 6th of November, and the damages were estimated at £2O. The case was tried before assessors. Mr Shapter appeared for the plaintiffs. The evidence of the plaintiffs went to show that defendants had cut away and re-built a portion of the wall of the upper dam at which place it burst upon the occasion of a flood on the 6th of November, and to which cause they attributed the breaking away of their lower dam and causiug them to lose their storage water. One of the plaintiffs saw the upper dam at four o'clock in the afternoon. The water and tailings 'were then running through the broken portion of the dam. The upper dam was not then bur.st, but it, was on the following morning, The evidence for the defence was, that upon the 6th of November, there was a very heavy flood in the creek, during which a fall came dowu in the upper portion of the lower dam falling upon and breaking the gaugebot in the upper dam. Mr Poland addressed the assessors; Mr Shapter aL<o addressed them, and maintained that a prima facie case had been established for plaintiffs. Mr Broad, in summing up, said that the assessors were not to take into consideration any damages that may hava occurred to the upper dam, as that should be enquired into afterwards if the conditions of the agreement signed by both parties were not fulfilled. They were to take into consideration whether the damage was accidental and beyond the control of defendants, or whether it was through the faulty construction of the dam, or negligence of the defendants. If they found it was occasioned by the latter cause, it would he for them to state the amount of damages. The assessors found that the carrying away of the upper dam did not affect the lower dam, the bursting of which was occasioned by the bve-wash not being able to take the amount of water which was flowing in the creek during the flood. Verdict for det'endanta.

The sale of the race booths took

place on Saturday last at eleven o'clock at Dwan and Co.'s auction rooms. The competition was lively, and the amount realised was more than was expected. The errand stand was knocked down to Mr Ballam, who has since disposed of it at an advance, at £36; Mr D. Kellv bought No. 1 south for £2l ; Mr Nahr No. 2 south for £l4; Mr Regan No. 1 north for £27; Mr Wilson No. 2 north for £lB. Tho two fruit stalls brought £4 10s, making a total of £l2O 10-s a very handsome amount to be added to the fund. In collecting the canvassers have met with great success, and it is expected that about £SOO will be raised. The ketch Standard succeeded after much difficulty in getting into Constant Bay on Saturday. Just after she got in, Ihe weather became very rough, r.nd looks likely to continue.