COMPENSATION COURT.

Evening Star, Issue 12766, 20 March 1906, Page 2

COMPENSATION COURT.

THE MOMONA CLAIMS. ( Before Air J. TP.. Woodhousc, Arbitrator.) Tlie following evidence was taken in the cniso of James Columb against the Otakia Drainage Board after we went to press yesterday : James Thomas Gibson, chairman of the Otakia Drainage Board, further cross-ex-amined by Mr Stephens: In regard to the hood of 1905, be was not prepared to say how far it extended. He had been on Moynihan’s ground in November of that year, arid it was pretty wet. Tho lower portion was then flooded. The water was running out of tho creek, through a depression, which was some five or six yards wide. Ho did not see it actually flowing from the creek on to the land, bat he saw i>. continuous sheet of water from the land to tho creek. Tho turnip paddock was not altogether under water. The water was nob out of the natural dcpre&don of the creek on the eastern side. Ho did not know the difference in the levels between the eastern and western sides of the creek. On the eastern side there was a gradual slop© to the road; on the western side there was a natural high bank, and after that a gentle fall He did net know how far tho water would extend on the eastern side before the western bank would be affected. On the Saturday before the 1905 September flood the water in Duck Creek was about 2ft below the level of the bank. That was as he saw it at his own place, On Sunday morning it was up to full level. The Otakia Drainage Board were always favorable to amalgamation with the West Taieri’Drainage Board. It was proposed to carry out the 1905 work by means' of a loan,, and the West Taieri Board, raised their part of it, but in the,Otakia District; the proposal was rejected. In 1900 Sounness bad the dam erected, and there being some objection on tho part of formers above he cut it away. M itness had nothing, to do with the cutting away of the dam. If in his evidence in MoynLhan’s case in 1902 he said that Sonnness and himself cut away the dam, he must have bad a hand in it. Immediately after the dam was cut away tlie Board decided to take charge of the work. In 1902 the dam was washed or cut away, and nothing further happened in that respect till 1905. The dam was never cut away after the Board erected it prior to 1902. On taking over the dn~m from Sonnness ,m 1900 the Board filled up the cut. In 1900, before the <lam was taken oyer by the Board, it was watched at nights. Sonnness and himself were there RptDei . nights, buj%not every night'. The rcasoii '■tgey.-tvutehed it tvag hecause .they heard that, some people "from above were tl».dam..ffiwajy, ~He did"~not wancritoer'it having boat ansa dr bayipg

been cut away kacepfc m the manner already recorded. ,To Mr Fraser: Ho was not surprised to hear that tbe&inpto of produced was grown at Clarke’s above 1 flood'level. > It was <a fair snmpleof wheat. The tur--nips produced were also a fair, size. Was not surprised, either, to hear they had been grown above flood level- Compared with the samples,' Moyniban’s were not So good; He would not swear that Moynihan’s two turnip crops, were put in at the same time. . He thought there was more than a week between. He would bo surprised to hear that they were sown the some day. The pumping station three miles from Momona was worked in the spring—he could not say what month. He gave inriructians to the man in charge (Begg). He himself (witness) opened the valve. He had no need to ask advice to do so, being a member of the Board. Ho was certain he had opened the valve on the occasion mentioned. If the valve were not opened, it would only pump his own property through the siphon. t Nobody saw him open, the valve, and ho did not remember if he reported his doing so to the Board. He mentioned to Reid' the fact both of what he intended to do about opening the - valve and the actual 'opening of it. If it had been said he had- never opened the valve that was a falsehood. To Mr Stephens: He and Moynihan had had discussions at various times, not always of a. verbal description.,. On. one occasion there was a slight souffle. To Mr MacGregor: The samples of wheat and turnips produced would -■ confirm his impression that the land was worth £2O an acre without improvements. He would like to get it to-day at that price. He did) not agree with evidence given by other witnesses tbit vegetation of on ordinary nature was capable of staying the flow of water. The two Boards agreed conjointly to carry out the work at the dam involved in Mr Couston’s plans and specifications. The additions to the dam from time to time were known, to him. He knew they added om to it in 1903. The dam was broken away twice in September last. The Court- hero adjourned until 10.30 tbs morning.