Weekly Journal-Miner from Prescott, Arizona • Page 3

WBIKXY JOURNAL-MINER, WEDNESDAY MORNING, SEPTEMBER 25, IM2. ROAD WOULD BRING BENEFITS UNTOLD Repair of Highway From Black Canyon To Turkey Will be Asked From The Supervisors." NO ADMINISTRATION COMMUNITY PROPERTY (Treat rriaays Dalljr.) (From Thursday's Daily) In cases where the only interest of the deceased Is an alleged community interest in property the possession of and record title to which is in the surviving husband or wife, the probate courts have no jurisdiction to administer such character of estate. Such in effect was the decision W. Jeff Martin, the miner and merchant of Black canyon, who it in the city cn business, stated yes-trrday that the movement to have that thrifty mining and farming country by the; repair inn of the "'d Wagon road to Turk t.Mioc, was bcinir strmmlv agitated, a strong petition in a short tunc would be forwarded to the upcrvisors of this county asking for relief front the deplorable road conditions in evidence. Supporting this movement, the kay Copper company ha-, entered the productive stage, and at present is shipping 1,000 tons of ore to dlcndalc, on the S.

F. P. I', railway, the nearest loading point under wagon road facilities available. This mine is regarded as one of the coming big producers of the county, and has passed the stage of belli" .1 prospect to a permanent proposition. The Harris Copper company has also entered that field, and is being operated energetically and is in the producing class also.

One of the largest land reclamation projects is also being closed up, under the supervision of E. Hildcbraud, while half a dozen more individuals arc engaged in preparing to reclaim a large agricultural domain. Under these conditions all investors have merged their interests in general demand that will be made for the Superior Judge F. v. amiiii over inc rigni to administer upon the estate of Nancy Murray, deceased, just prior to his departure Tuesday afternoon for Co rn uui vi lumcjf siauon.

me sum I quired Will, not exceed WOO, and 5 1 in mat it csitiuiiaucn ruiw of probate law, and sustains the initial Vincent decision by Judge Hicks, which case wound its circu- totis route through practically the courts of Arizona. Perforce, as expenditure of a portion of the county funds to repair the old road and make it passable for freighting in and out of Turkey station. The sum re the distance is less than twenty miles of a wagon haul. Mr. Martin states that the commercial advantages that will accrue to Prcscott will be heavy iu the ftllllr I.

I trM lit Im.I.i!m .1 soocr la. the opinion will 7. 7 a great many people, the full text is herewith given: SMOOTH STRANGER WANTED BY VICTIMS (Trim Wt4aMft7'a Dally) Sojiackucyed hasbecome the game of fleecing the unsophisticated out of their easy money by the old check route method, that a departure was introduced in this city a few. days ago, through the avenue of bonanza ore discoveries that proved alluring to many old time miners, and accordingly several dupes fell into the salted shaft, as it were. Florcnco Garamillo, an unctuous Mexican, claiming to hail from the Santa Rita mountains of Pima county, was the sole discoverer of the big El Dorado, and he backed up his representations with a generous of the attractive copper glance and supplemented the display by stating that the reef was fifty-five feet in width, and sixteen hundred long, every foot showing this rich condition as ready for the digging process.

Garamillo said he was an insur-recto, and in his fight across the line he accidentally stumbled onto the bonanza while eluding the federals, who were making his tn.i very warm. He climncd the clc of the range and exhausted, into a deep sleep. Awakening the next morning the glitter of the pre lous mineral attracted his attention and he finally reached Tucson, where he carefully showed the ore tiround, and was informed to come to Prcscott, which enjoyed a splcn did name as a mining center, ana where the red metal investor was waiting with gold galore for just such an opening as this yield indicated. Garamillo was well dressed, and visited a score of well known min ing men, several of whom, it is re ported got out their KliaKt clonics and hob nailed top boots, ready for the rush to the field of this big treasure at a stipulated date. When the time came to leave the citv Garamillo failed to show up, and at last accounts was treking toward Snnnra to again kO into the ranks a financial insurrccto, which is easier than handling a gun on tn firing- line when there arc still remaining alive on this earth mai.y of the gullible.

It is reported that besides the complaining witness there arc others equally as sore over the flim-flam transaction. A warrant for this modern Walling-ford was issued by tbc County Attorney, and an effort is being made to find the outcrops of the route he has taken in his flight. sires justice to be extended, the appeal to be made in warranted from a tax navinir.tanrtnoltit. Tli tnlnpr. farmer, stockraiscr and merchant superior uoun oi i avapai wants the nearest railroad connect- of Arlzon Imr noint.

of about twenty miles. I 'c matter of the estate of instead of being compelled to trans- Nancy Murray, deceased. port in and out of the district com- Order admitting will to probate moditics that will require over fifty and denying appointment of exec- miles of haul. "tor. It is also stated that with this The petition of J.

M. V. Moore road built to connect with the rail- heretofore filed herein praying for road at Turkey station, S. J. Tribo- the admission to probate of the last let.

president of the Kay Copper and testament of Nancy Mur company, would make Prcscott his my. deceased, and that letters tcs permanent home, which would also tamcntary be issued to said pcti be the base from which he could tioncr, came regularly on to be direct operations, as well would he Mrd on August 12, 1912. be conveniently situated in making 1'cing proved to the satisfaction frcciucnt trios to hu camp. Mr of the court that notice had been Tribolct at present resides In Phoe- Riven as required by law to all per- nix. He is one of the wealthiest sons interested of the time ap men iu Arizona.

pointed for proving said will and for hearing said petition, the court PROTEST FILED BY proceeds to examine said petitioner, DUKE ON LAST DAY J. M. V. Moore, and the matter was thereupon submitted to the fWrmm WftAaMfov'a Daily.) court for decision. And the It is the opinion of this court that this decision conforms to the laws of the State of Arizona, and this decision will be followed in this case.

The Superior Court sitting in probate matters, has no jurisdiction to divest or change any title in the property represented in the case now before it. It clearly appearing from the pe tition and the testimony that the real estate described herein is in the possession of the surviving husband, George W. Murray, and that the record title to said property is in the said George' W. Mrray. this court holds that it has no jurisdiction to administer upon the alleged community interest of said Nancy Murray in said real property.

For the reasons above stated, the ap-pointujeut of an executor of said last will and testament of Nancy Murray, deceased, is denied, and disease is closed, subject to neing reopened in the event estate of the deceased may be discovered of which this court has jurisdiction. SUICIDES TO AVOID ATTACK BY SPIRITS TO TURN LOOSE ELKS NOR WART STATE Will be Brought From Yellowstone Park if Money is Donated For The Purpose. TRIAL POSTPONED. CHICAGO, Sept. 20.

Inability of the International Harvester attor neys to aooear secured a postpone ment of the government's suit to dissolve the alleged trust, until uc tober 2, John Duke yesterday filed a pro- timony of said petitioner having been test against Rev. C. W. Deming reduced to writing and filed herein, making final proof on his home- and the court having considered the stead of 160 acres of land situated matter, finds: that said instrument iu the Point of Rocks, before U. S.

filed herein is the last will and Commissioner Moore, who was to testament of the said Nancy Mm. pass upon the matter today, after deceased: that it was executed 'm nil the locator presumably had complied respects as required by law and dur- with the land laws and was desirous ing the lifetime of the said Nancy to receive patent title from the gov- Murray, deceased; that the said eminent. Nancy Murray died on or about Duke iu his protest contends that the 25th day of March, 1909, at the the homestead lacks good faith, and county of Yavapai, Territory of Ari-the entry was made for the purpose zona, now the State of Arizona; of destruction, and will interfere that at said time said Nancy Mur- witlt the protestant's valid and vest-1 ray was an actual bona fide resident cd rights along Willow creek. On of Yavapai county, Territory of the other hand, Rev. Deming oc- Arizona; that at the date of the cupaticy of the land dates back to execution of said will said over two and one-half years ago, Nancy Murray was over the age during which time he has observed of 21 years and was of sound mind the land laws pertaining to a home- and disposing memory cmd not stead, by building a home, which is acting under duress, menace, fraud, and has been occupied by cither undue influence or himself or family continuously.

He tion. And no objections being filed, has improved the land by planting it is an orchard and cultivating consid- Ordered, that the said instrument crablc of the soil, and which, he in writing heretofore filed herein, states, was located in good faith as purporting to be the last will and a homestead of the future. The fil- testament of Nancy Murray, dc- ing of a protest the day before the ceased, be and the same is hereby final hearing was to be had, which admitted to probate as the last will would end official action and in a and testament of said Nancy Mur-short time give him absolute owner- ray, deceased. And it further ap-ship, after an outlay of considerable pcariug from the petition herein money, is a move which has some- and from the testimony that the what surprised him, after a faithful said Nancy Murray, deceased, left -mil what he states is a valid right no estate outside of Arizona and to the property affected. Rev.

Dem- no estate outside of Yavapai county, ing also states that he has not ap- Arizona; and it further appearing propriated any of the waters along from the petition and from the tcs- Willow creek, and his process of timony that the only estate al- ralslnir a crop has been through the leged to be left by the saiu wancy principle of dry farming. He lo- Murray is an alleged community catcd a dell In the Point of Rocks, interest in certain real estate iu near the old Stevens ranch, and the Yavapai county, Arizona, the title of acreage susceptible to reclamation which is in uic aurvivuiK t. of said Nancy Murray, deceased, i the court denies the appointment of MUCH ACTIVITY IN executor for the purpose of ad- EVIDENCE AT ministering upon said community estate, it being the opinion of the (From Wednesday's Dally) court that under the law the court W. V. DcCamp, general manager canno appoint an executor save of the Pacific Copper Mining com- for tK purpose of administering an nrrlvr.t from the camp at Sil- cstato of which the court has jur- tnntn vnsierdav.

and rc- isdiction. The Superior Court, when ports development as going ahead considering probate matters, sits as i nnml ulinwliiir in a nrobate court and has the same Willi i- I evidence. John Kelly, president of jurisdiction and only the jurisdic- thc company, is also the president tion which tnc prouaic conns wi Kt Tiiri. mines of Territory of Arizona had. The pro- OI UIC l.llliW..a Sonora, Mexico, whicji have been bate court oi iav.ipi.i captured by the rebels, and accord- zona, held in the matter of the es- I.

..1. Vlr.i liro.lll. ri-nnrl tllOUSanuS I.llC Ol ivntuuciu imv of dollars have been stolen in that probate courts of the Territory money and general looting of prop- of Arizona have special and lim- I.m j-t1lmijtfl 111 will til the nrin- Itcd jurisdiction; that in cases where cioal sufferer was this mine, the the only Interest of the deceased is backbone of the settlement. Mr. an alleged community interest in Kelly was to have visited Prcscott, property the possession ot ami rcc l-f-rrcd until ord title to which Is in the surviv the situation at El Tlgrc clears up.

ing husband or wife, the probate courts nave no juiiswh-huh (From Wdnsdar' Dtly The identity of the man found dead on the Hassayainpa on Mon day was established yesterday, when Coroner Chas. McLanc and Lester Ruffner, the undertaker, went to the point and made an examination of the remains, which were found to be those of Malcolm Math-cson, and from the evidence obtained there is no doubt but that the man committed suicide. The body was found lying under oak brush by Robert Mcador, who is developing mines near by and who happened to be coming up the bank to reach the main traveled road. The place selected by Math- cson was the steepest on the grade, and was about 200 feet down the bank on the right hand side of the road, above the Sundance mill and a quarter of a mile from the Senator mine. An old 45-caliber six shooter, with no handle on the same, was found lying by the side of the corpse, and with a note on the inside pocket of the coat worn, all doubt was dispelled of the cause of death.

An examination of the body showed that the bullet cn tcrcd the right side of the head above the car and passed through. The flesh had left the face, while the part of the body that was not exposed to the elements was badly decomposed. He wore hob nailed shoes and his apparel indicated that he was a miner by occupation. His age was at least sixty years. The condition of the body would seem to indicate that the dead man com mitted the deed at least six months ago, if not earlier, and the absence of any date on the note left, which was written in ink, leads to the be lief that he contemplated suicide previously, and while deranged through spiritual beliefs.

No one in the Senator country knew the man and there is no clue to where he came from or who he was except the name signed to the note found, which read as follows "Will Morfia from the air in a small jar. "Mind within me: I am obltgei to commit suicide to avoid a bruta attack by the spirits from the spirit world. When you leave jny body, through the bullet hole in my head and come into conscious being, wil bv an effort of the will that wake up, so that as you both in tt i one may ny to some vcrj uuium point, probably South America, where we have often had to escape, and that, too, without delay. "MALCOLM MA TllbaUN, 'Do not speak to the spirit voices around my head, and, if you see spirits, silence them by the power of your will." Eighty Elks arc to be shipped from the Yellowstone National park and liberated in northern Aiiuona. A movement recently set on foot by Dr.

R. N. Looney, stale health officer, to obtain elks for the forest and hills of Arizona has progressed to the stage where nothing but the formal consent of the department of the interior and a few hundred dollars to pay tranHrtatiou expenses is required. The commanding officer nt the Yellowstone park has written Dr. Looney that the elk can be easily spared from that government reserve.

Before the animals can be shipped the consent of the interior department is required, but he states that that consent should be easy to obtain, Arizona, of course, will have to pay the transportation charges. The commander advises against the shipping of more than forty elk iu a car. and he says that two carloads can be spared. It will cost $5 a lead to have them loaded on the cars but the railroads should be witling to haul them to Arizona at GREAT PUBLICITY CAMPAIGN STARTED Subscribe for the Jonrnal-Miner. minister such character of estate a low rate.

Governor George Hunt has co-operated with Dr. Looney from the first and is highly gratified at the success of their joint efforts. He has given Dr. Looney all the letters that he will nci-d iu Washington to take the matter up with the interior department. Dr.

Looney left Monday for Washington, primarily to attend the National Hygienic congress. While there he will interview the department officials regarding the elk. "1 'think that the members of the Elks lodge and Arizona's sportsmen will be glad to contribute what money is needed to bring the elk to this state," Governor Hunt said. "When Dr. Looney returns wc will start a public subscription movement." No definite decision regarding where the elk arc to be placed has been reached, but there is any place iu the tmrtlirrn nart oi ttic state where the animals will not thrive.

Governor Hunt believes that they should be turned loose around Prcscott, Ash Fork, Williams and Flagstaff in eight herds of ten each. GEORGE BENTLEY IS KILLED AT KANSAS CITY (From Krldar'i Dally) George Ilcntlcy, formerly a resi dent of this city and a brakeman on the old P. ft A. C. railroad, was killed iu the switching yards of Kan sas City, late last week, when he was crushed by a locomotive.

At the time he was on the pilot board, and in stepping off his foot slipped on the wet ground and he was run over and frightfully man gled He leaves a wife, two daugh ters and one son. Letters received iu this city slated that he refused to go to work that day, fearing that some fatal accident would over take him, but when faced with a discharge, he reluctantly obeyei the order. (From Frliay's Dally.) R. N. Fredericks, M.

II. Hazel- tine, C. T. Joslin, W. A.

Drake, Le- Roy Anderson, E. H. Meek, J. W. Flinn, E.

A. Kasfncr, F. G. Brown, W. H.

fimcrhoff, W. II. Doyle, Ed W. Wells, J. M.

W. Moore, F. C. Whitman, II. W.

Heap and Wm. Stephens, members of the board of directors sitrnifird Mirlr willingness at the regular meeting of the Cham her of Commerce last night to cir eulate a list among the citizens of Prcscott for the collection of $1500, f-'lic fund thus to be collected will be used iu a widespread publicity campaign in the greatest advertising media of the east. The men named have already sub scribed substantial amounts to start the ball rolling, feeling that this is perhaps the best use wliich money can be put at this tune. It was unanimously agreed that the very Mnall amount spent for ad vcrtising last year has brought scores of newcomers to Yavapai county and that a larger appeal to pros pectivc settlers in the great population centers of the United States will yield results proportionately profitable. The committee will circulate the list early today.

Directors not named above arc asked to meet at the Chamber of Commerce at the hour named the letter of notifi cation. FranW M. Murphy's suggestion that a devHnpment' company, which shal pass on proposals concerning min ing, land and other business propo sitions coming under the notice the Prcscot' Chamber of Commerce be established, and that this com pan" be properly financed for the purpose of making such investiga tion. created irrcat interest. Refer cure was made to prosperity atu ing t'le fotniation of similar orpor utions iu other states.

The matte will be developed by the proper committee. Under the head of farming, it was brought out that broom corn is des titled lo become one of the most sure and paying crops in Yavapai countv. Several dry farmers hav nrndiieeil. with on three inches ot moisture during the growing season, stands of broom corn furnishing straw over eighteen inches In length, full long enough for use in the manufacture of best brooms. President Flinn referred the mat ter of ascertaining whether a broom manufacturing industry might not be established iu Prescott.

to the com mittee on dry farming and commerce. To give those who had no oppor tunity last week chance to sec Larry Little's place iu Granite bottom, a run will be made from the Chamber of Commerce at 2 p. tomorrow. It is proposed to a load of melons from Little's pmcti ami hold a inclon-fcst at the nei regular meeting. N.

Fredericks and W. A. Kent recounted the wonderful progress made in the Granite bottom country this year. It was reported that the ranches of Messrs. Russell, Kent.

Tucker and Little contain certain acreages which will yield 35 els an acre this vrnr Mr. Mock called attention to some experi mental farming he has been doing adjacent to his residence, where squash, pumpkins and other crops arc maturing in commercial quanti ties without irrigation. flic difficulty iu marketing stuff crown in the county was discussed at length and the matter of bringing the local producer, the merchant and the consumer into closer and more profitable relations, was re ferred to the proper committee. Frank Whisman, for the County and Municipal Affairs committee, said that constantly increasing complaints are hcinc made by strangers regarding the difficulty in getting about the city, owing to the absence of street signs. He defied any mem ber present to name the streets of the city.

Matter referred to his committee to confer with common council. EXHIBITS UNTIL YOU COULD NOT REST (Fran Wednesday' Dally.) The celebrated case of J. S. Acker Sc Co. vs.

T. R. L. Daughtrcy, in volving financial matters connected with the Hcrmoia Lead and Zinc company of about $1,300, came to an cud yesterday before Judge Per-kins of Coconino county, who was assigned to try the case in this district. One session of the court occupied twelve hottr.s, and the next day five hours were devoted to going through exhibits of the defendant, and twenty-one exhibits presented by the plaintiff, which occasioned the remark iu professional circles that the mass and character of the evidence was similar to the mix-up of that edible and complex dish known as a mulligan.

On Icavinif the bench vesterday-aftcrunon Judge Perkins made a quick trip to the depot and took his first meal of the day aboard the train, He left for Flagstaff, and will hand down a decision after his physical endurance is restored. J. Iv. Russell represented the plain tiff, while Senator Ashurst and At torncy Vyne had the interests of Daughtrcy in charge. CHECK WAS BAD IS THE CHARGE MADE (P'om WftdiiMday'i Dally.) R.

Johnson, formerly a resident of Walker, was arrested yesterday iu Kirkland valley, while cn route lo Phoenix by team with hi wife and family, on the charge of issuing a check without having any funds in the bank to meet the demand, W. A. Wheeler of Humbnld' i the complainant, and the turn alleged lo have brni paid Johnson was.