CHARLESTON.

Westport Times, Volume IV, Issue 648, 21 April 1870, Page 2

CHARLESTON.

(FROM OUB OWS" COIIBESPOIfDESrT.) April 20. The heavy damages sustained by the mining community of this district, by the unprecedented fall of rain, on the night of the Oth inst., have in most instances been repaired during the past week. In cases such as the Maori Chief, where the damage has been extensive, they are still engaged making good their losses. The Charleston Progressive Water-race Company had stopped running their water, pending some repairs, but which were neither expensive nor difficult to accomplish, they have again resumed running their water and at present have a considerable stock on hand. Taylor and party have also repaired their dams in Argyle Gully. On Brandon Hill, Chas. Payne and Party have altered their battery with the view of trying the sluicing system, but, after a month's trial and considerable expense, they find it will not answer and intend to return to the trucking principle. This is only one of many instances in which the sluicing process has been tried and found not to answer by miners in this neighborhood. Tiller and party have nearly completed their tramway to their lease and have found it a heavy and expensive piece of work, but as they expect a number of years' work they may be rewarded in the end. Messrs Carnes and Patterson have an excellent face before them—partly surfacing and cement. On the Deep Lead, Candlelight, the claim owned by Grreenslade and party has turned out better, this last washing,' than any previous one, each shareholder realising something over ten pounds per week. Henderson, Patterson, and Party's ground has been improving lately, and from the position of their lease they have every expectation of realising very good returns for a long period. Woodcock's party have started their forty-five feet wheel, and, have every reason to feel satisfied with the steady working of the plant. The glass-blowers have been drawing crowded houses during their stay here and given great satisfaction.

The following wore the cases heard on Tuesday and Wednesday in the R.M. and Warden's Courts :

Julia Canadian, Daniel Danahay, Mary Anne Buckley, Annie Cash, Miss Broderick, Miss Dorgan, and Miss O'Connell, appeared in answer to summonses charging them with a breach of the Licensing Ordinance, having, on information of Constable Stephenson, had their houses open for business after the proscribed hours. In answer to the charge, they severally pleaded guilty, and the Bench cautioned them and inflicted a nominal fine, with 6s (>d costs in each instance, and in cautioning them, stated that the law, from that date would be strictly adhered to. John M'Heron, Wm. JNTahr, and William Eussell applied for a renewal of their publican's license—Granted. Mr Eussell's to be an ordinary license.

In the Warden's Court, Craig and party sued Haines and party for £3, for damage sustained by interference with their water-right. Amount paid into Court. His Worship decreed that plaintiff be allowed one guinea professional costs.

Challice was charged by Robert Lambert with occupying an allotment without possessing a business license. Defendant pleaded not guilty, and made a rambling statement, not much to the purpose. Fined 40s and costs, or seven days' imprisonment. The time of the Court was then occupied in disposing of the several applications accumulated, for races, dams, &c, when as a case—Wilson v. Drennan —was on the Court list, for which assessors had been sworn in during the business of the Court, his Worship adjourned the Court until 2 p.m. to enable the assessors to view the ground. On the return of the assessors, the Court was re-opened, Mr Home appearing for the plaintiff and Mr Pitt for defendant.

The complaint stated that on the 10th day of A.pril, IS7O, by the neglect of the defendant, (whose claim is known as the " Dublin City") the water from their dam aud head-race had been allowed to overflow into the tramway of Wilson and party, known as the Maori Chief Claim, Back Lead, thereby causing damage to the Maori Chief, to the value of £4OO.

Mr Home for the plaintiff, called Mr Greenwood, surveyor, who proved correctness of plan. William Wilson, sworn, said he was one of the complainants, and recollected the 10th instant. He knew the claim of defendant (The Dublin City) which was adjoining their tramway, also knew defendant's dam. Previous to the 10th they were in good working order. On that morning about 4 o'clock he looked round to see if all was right, at 4.5 a.m. a rush of water came over the terrace, flowing over the tables and about the machine. Defendants are sluicing, their race is boxed, and there is a small channel which leads water into their tail-race. They have a dam, and leaders cut into the hill to lead water into the cully. Provision was made by a small box for letting water off, that was carried away. _ Had there been proper means of letting water off it might have been sent down tho gully. The water burst into our face, and then rushed down the tramway to the front of the terrace, and caused the Dublin City's boxes to drop, and our shoot and tip head to he carried away. Another

mau and self were at Iho machine when the burst came through. AVe then went up to the Dublin City's hut, and found D. Lawlor in bed, he said a mau had been up all night watching, and had just turned in. We went then up their race and found no water running in it, it had broken away in two places. I then went to the machine to try and save that. I told Lawlor their water must have carried away something. When I got to the machine I found Mr Whiteside, and asked him to rouse up all hands to see what could be done. I then went towards the reservoir about 15 minutes after, and met Whiteside, Hunter, and others, and found a breach in defendant's race, which had been stopped, and the water was then running down the gully. I then found a portion of our tramway covered with sand, and the rush of water had caused the sides to fall in. A portion of the tramway was also covered with water. The water for the reservoir is brought from the rising ground. P>y Mr Pitt: There are, I think, three gullies running down towards the workings. I have been upon the ground about three years. Defendant's head race on tho level would carry about forty inches. Their tailrace was a foot-box, with considerable fall, in some places three or four feet in twelve. The water came over the Cosmopolitan race with a regular rush. I turned out to look round about 3 a.m. and again at 4 a.m. on to the top of the terrace. I was close to our tables when the rush took place. Tho tip-head must have gone about 4.15 a.m.. On my return from Lawlor's hut, I found the water rushing through the cutting. Lawlor seemed indifferent about getting out at all. About two or three months ago Lawlor said a storm race ought to be cut at the foot of the terrace, I then made no reply. I did not think it necessary for the protection of our ground. Our tailings are stacked on a culvert, which has always been large enough to carry off storm water, except once about a year ago, when we had to knock off to clear it. Tho culvert is about three feet by four. Where the tramway is cut the ground is cement and sand, and below that, a sort of granite sand. I have seen as heavy showers before many a time. AVe transferred the dam to the Dublin City, and we used the water six weeks after the transfer.

Alfred Moysan, sworn: stated he knew the claims of plaintiff and defendant ; had worked in plaintiff's claim nine months ; he recollected the morning of the 10th inst. He was at the machine till about midnight, then everything was all right. About four o'clock a.m. he found water coming down from the tip-head to the machine. He went up with Wilson to Lawlor's hut and said that their dam had burst, one of the party got up and told him to go to the next hut, he did so, and was referred back to the other hut, the water was then goingdown the tip-head to the machine, rain was falling heavily but the Dublin City race was quite sufficient to carry what water was coming down. He then went to the machine and found a rush of water coining down and did what he could to turn it off—the water was coming from our tramway. Ho saw the tip-head fall. The Dublin City's race was then down, and both waters meeting caused their tables to fall. There was a place in their race in which a breach had been made, from which the water had flowed into our tramway. No proper arrangement had been made for turning the water down the gully in the event of floods, if there had been it would not have gone down our tramway. He would attribute the destruction of the property to the overflow of water from the reservoir, and, as a mechanic, he considered that the amount required to make good the losses would be £378.

By Mr Pitt.- He did not have any conversation between AVilson aacl Lawlor. There w-erc about forty heads of water coming down the tramway. Mr Whiteside, sworn: said, I know the claims of plaintiff and defendant, and recollect the 10th instant. I was that morning looking after our race and met AYilson, who asked me to go up and get some of our men to go up to the Dublin City race, as he was afraid it had broken away. I got four men and went up to defendants' reservoir and found a quantity of water running over into the Maori Chief's face and. tramway to the extent of six or eight heads. " I knew the defendant's race close by, I examined it, the water was coming out of the reservoir into the race; I found no means of turning it off the race. I used shovels and blocked up the race, turning the water down the gully. When I saw defendant's boxes the rush of water had undermined them. I considered them sufficient to carry off any water that came down the gully. When I first went out it was about 4 a.m. and raining heavily. The weather had considerably abated when I turned the water off. James Hunter corroborated the evidence of the previous witness. James Hume, sworn, stated that he assisted in turning the water down the gully, the rain had then partially ceased. After turning the water it wont down the gully, before that it was going into the Maori Chief's faco. He had known the defendant's boxes since they wore put in, and if kept clear they would have carried all the water. The tramway was filled with water and sand. Ho saw defendant's boxes on the afternoon in question and considered it was through the water undermining thein that they fell.

Mr G. Wilson, sworn, said I am one of tho plaintiffs and recollect the 10th instant and the destruction of the tiphead and portions of the tramway. There are five shareholders in our claim. It would take five weeks to replace things as they were, and employ five men at four pounds per week to do it. I have known defendant's boxes some months, since then there have been very heavy rains, and they have been equal to carrying it. I did not see the water come down, I was asleep. Mr Greenwood, recalled, corroborated tho evidence of the preceding witnesses. This closed the case for the plaintiff. For tho defence, Mr Pitt called Daniel Lawlor who stated he was working manager of the Dublin City claim, and that he recollected the 10th inst and that about 4 a.m. he was called by AVilson and his carpenter and told to get up, as the terrace was being washed down with the water. I said to Air AVilson, you can thank yourself for this, alluding to two occasions on which I had asked him about cutting a storm channel. I tlieu told his carpenter to call a mate of mine, named Norris, he went and returned saying he could not get across the creek as the water was coming down between the two huts—there were about three beads coming down. I then went to Hie key's gully when Wilson said what can we do with the water ? I replied nothing can be done. There was a small drainage of water from our race, I told them to put a few sods there, and they did so, the water then running into an old tunnel. I then went with Wilson to the tunnel, there were then about one and a half heads running on the tramway. T proposed to dam the water and then it would run over the face, he said certainly not. I then saw Norris; went along our head-race, saw no water in it, it was then raining; I then went to the reservoir, the water was running over and down the gully ; that is where the Alaori Chief's tailings are stacked. I then went home to bed. I have been about three years on the ground. The weather on the 10th inst. was what I never saw the like of before. I have seen the storm water come down the gully before, and have had trouble with it, and that was my reason for asking AVilson to cut a storm channel. By Air Home : I saw the reservoir frequently. Provision was made by a by-wash in the dam, sufficient to carry any storm-water off that I have seen. I could see a flood of water running over the reservoir and saw a few moments after our head-race had broken into the Maori Chief's face about two heads of water going down. I did not see any one except my mate, AVilson, and the carpenter. I did not find an impediment in the race, and the greatest body of water was running down the race, and had forced its way into their face. Next morning I saw that the water had burst through the race into the head of the tramway. 1 have seen water coming down that the boxes could not carry, it was then turned down the gully. Patrick Martin, AV'illiam. Norris, James Smith, James Hickey, Hanlon, AVillam Pratt, and Michael Kelly, gave corroborative evidence. The counsel for the defendant then addressed the Court at some length, replied to by counsel for plaintiff. His Worship then summed up, and the assessors retired about 9.30 p.m. About an hour afterwards the assessors returned, but were unable to agree upon a verdict, and were consequently discharged. The case will be heard before fresh assessors on Friday.