Fairbanks County AK Archives News.....Doings in District Court May 8, 1911 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ak/akfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Sherri Bradley http://www.genrecords.net/emailregistry/vols/00001.html#0000051 April 17, 2010, 12:31 am The Alaska Citizen May 8, 1911 On Monday Judge Oerfield signed an order which will regulate the cleanups on the ground involved in the case of August Hanot vs. Mary E. Pedro et al. The interlocutory degree handed down in this case last October held that the plaintiff is the owner o a one-half interest in the property owned by the co- partnership of August Hanot and Feli Pedro, compromising a one-half interest in 2 below ilmore, a Three-quarter interest in discovery Goldstream, 5 above Fox, 3 above lower discovery Fish Creek, 3 below Kokomo creek, one-half interest in discovery Bear creek, one-half of 5 above Fairbanks creek, discovered Pedro creek, 500 feet of the lower end of No. 7 Pedro, the upper half of 1 below Pedro and the lower 1,000 feet o discovery Gilmore. Mining operations are being carried on on several of the properties and the court therefore orders that a 24-hour notice be given by either party to the other of any cleanup. Either party is also to be given ample time to inspect the workings and test the ground by panning. Either party is also required to make an accurate weekly statement of the cost of operation and the output, and each is ordered to deposit with the clerk of the court 25 per cent of the gross output to be held pending settlement of the action. --- A motion for a new trial in the case of the United States vs. Al Prescott was denied on Monday. This was the case in which Prescott was charged with intimidating a witness. On Wednesday Prescott was sentenced for this offense to pay a fine of $500 and he was also fined $25 on the charge of assault and battery o which he had also been convicted. Prescott can either pay the fine or work out his sentence in the federal jail at the rate of $2 per day. -- On Monday Judge Overfield sentenced Dominick McIntyre to two years in the penitentiary. McIntyre was convicted of assault with a dangerous weapon. After the jury had indicted him on the count of cutting with intent to kill. The court took into consideration in imposing a light sentence, the fact that McIntyre was a pioneer and had hitherto borne an excellent record. -- The ejectment suit of Nels Rasmussen vs. Joe Sanders et al. was called on Monday, the following jury being selected to try the case: Chas. Swanson, J.J Filbin, A. McDougall, A. *II Cook, R. Alm, F. Schumacher, Henry Johnson, W.J. Henslee, P.J. Wenn, Carlo Jackett, E.J. Burger and P.J. O'Connor. The suit involves ground in the Circle district and the defendant's objection to the introduction o the commissioner's record for the Circle precinct was sustained by the court and the plaintiff's motion to dismiss was then granted. The suit was one in ejectment and for damages and was brought against Sanders and J.J. McDonald by Nels Rasmussen, as guardian for Andrew Lane and involves Nos. 8, 9 and 10 on Mastodon fork of Eagle creek. The plaintiff claimed that he had been wrongfully and forcibly ejected from the premises on January 1, 1909. -- On Tuesday the case of Joe Eglar vs. Ben S. Baker, Harry Winde, Peter Jepsen, Sylvester Howell, Jennie Cleveland, O.J. Anderson, John Renza and R.C. Koebsch was called. Cleveland and Howell were the only two appearing for the defense. The case involved the question of whether a man has the right, after using water and abandoning it, and after the abandoned water has been appropriated by another, to recapture it and carry it off so as to deprive the second man of its use. The water in this case was taken from Easy Money, Dome and Quartz creeks, in the Hot Springs district, and used by Howell and Sylvester in their operations on Quartz creek, being afterward allowed to flow back into Quartz and into the ditch of Joe Eglar, who is mining on Sullivan. When later Howard and Sylvester began mining operations on the left limit of Sullivan creek they picked up the water on Quartz and carried it on down to their new workings, depriving Eglar of its use. The introduction of the testimony in the case was finished on Friday and the arguments were conclude on Saturday. It is an equity case. In rendering his decision in favor of the defendants on Saturday evening Judge Overfield held that they were the original appropriator of the water and that the construction of their ditches had been pursued with due diligence; that the allowing of the water to run down Quartz creek and subsequently into the intake of the plaintiff's ditch did not constitute an abandonment of it and that the n notices filed by the defendants' predecessors, when they staked the water right on Quartz creek, gave notice to Eglar and his predecessors that they might subsequently change the place of the use of the water as they stated that the water was for use on Homestake bar "or at any other point where said water may be required." -- An action involving an interest in the Niggerhead association on lower Dome, entitled Max Manger vs. Matt Schroeder, was commenced on Tuesday. The plaintiff, Manger, claimed that on May 22, 1906 he bought a one-eighth interest in the Niggerhead from the defendant for the sum of $2,000, paying at that time the sum of $200. Another $500 was to be paid in twenty days and the balance of $1,300 on August 15. The plaintiff asserts that after he had made the second payment of $500 he discovered that the defendant owned only a one- sixteenth interest in the claim, and that he therefore wished to pay for the one-sixteenth interest at the rate agreed upon for the one-eighth, or $300 more, making a total of $1,000. This was refused and the defendant contends that by not paying the balance of $1,300 the earlier payments were forfeited. After the testimony in the case had been given the court directed a verdict for the plaintiff, who is found to be the owner of a one-sixteenth interest in the Niggerhead, and has been the owner since May 22, 1906. The verdict also gives the plaintiff the sum of $1,578.75, rents and royalties accruing to the one-sixteenth interest during the year 1910. -- The case of the United States vs. Franklin Moses was dismissed on Wednesday for lack of evidence. Moses was charged with embezzlement, the indictment specifically charging that he had made a false claim against the government. -- The trial of David Olson, who is under indictment for the murder of David Nagle, has been set for May 15, this being the next of the criminal cases to be taken up by Judge Overfield. -- An order was on Friday entered by Judge Overfield in the matter of the claim of E.H. Osborne Vaudin against the Washington-Alaska bank. The showing was made that in May, 1910, Vaudin's mother gave him 300 pounds of sterling to be invested for his three children, and that he deposited $916.50 of this amount in the Washington-Alaska bank to the E.H. Osborne Vaudin trust account, checking against it until a balance of $54 remained. The bank holds that that note of Vaudin and Adolph Jestland, a part of which has been paid. The court orders that the receivers treat the balance of $542 in the trust fund as an ordinary deposit and apply a sufficient amount thereof to take up and satisfy the note, also that the remainder be classified with the other depositors' claims and that Vaudin be paid thereon the dividends already passed and others that will hereafter be declared. -- Judge Overfield on Friday continued the case of Charles L. Thompson et al. vs. Walter King et al until May 8, when the order to show cause will be argued. The case involves a claim for the interest in one of the let limit Goldstream benches. The court on Friday modified the restrained order in so far as t allow the defendant to sluice, but directed that one-third of the gross output is to be deposited in the registry of the court. The plaintiffs are to be notified of the cleanups so as to have a representative present if they wish to. -- On Monday, on motion of District Attorney Crossly, the charge against Peter Johnson, who was indicted for giving liquor to an Indian, was dismissed, there not being sufficient evidence to convict. File at: http://files.usgwarchives.net/ak/fairbanks/newspapers/doingsin27gnw.txt This file has been created by a form at http://www.genrecords.org/akfiles/ File size: 8.7 Kb