Tombstone Weekly Epitaph from Tombstone, Arizona • Page 4

it I i'ff ii Is ZPff Proceedings In District Court MONDAY, ICLT 18 The following cases were set (or trial iu the district court lor today: The Southwestern Lumber Co. vi Fowler and Nellie FowUr, hie wife, lor debt, alleged to be due lor lumber and material furnished iu eiectiu? the Riverside Farm residence at St. David. A demurrer aa filed In the caae and the same overrultd Mid the Care was ordered to proceed to trial. A jury had been demanded iu the cae, but alter due consideration it i decided by counsel on both sides to submit the caie to the court.

After testimony had beeu put in evidence by both sides, the court rendered a verdict in favor of Nellie Fowler, one of the defendants, and further found for the plaintiff acainat Fowler, for the amount sued. The next case is a jury case, wherein Nellie Fowler sues John White, sheriff, et al, for damages. This case is the outcome of the above case, where the Southwestern Lumber Co. attached the property of Fowler etal, and it is alleged that considerable damage was done in removing certain valuable furniture from the Fowler residence to secure the attachment, and the same moved to Benson, and later the attachment was released under sufficient bond and returned to the plaintiff in the case, Mrs Nellie Fowler. It is expected that the case will take about two hjurs to try.

Then will follow the case of Nellie Fowler vs Joseph Fowler, for di-Torce. This is also a jury case and will tale up a good part of the court's attention and may possibly be con-tinned until tomorrow In the esse of Trask vs Mary A Coultas et al, to quiet title, Ellen Lonergan was permitted to become a defendant in the case and was further permitted to file an answer iu the case. Trial Juror George Hughs of Bis-bee was excused from jury service for the balance of the term Judge Doan today appointed A Sherwood as United States commissioner at Courtland. TUESDAY, JULY 19 The district court convened this morning at 8:30 o'clock and the case of Nelle Fowler ts John White, sheriff, et al, was resumed. The plaintiff rested its case late yesterday afternoon, and the first witness called by the defendant was Joseph Fowler, husband of the plaintiff.

Hit testimony was objected to by Attorney Ben Goodrich on the ground that a husband could not tea tify against his wife, and further that in the amended complaint filed by the plaintiff, the name of Joseph Fowler was dropped at one the defendants, although the original complaint made him a co-defendant with White, and by so doing denied the defendant of a very material witness. The following jury was empanelled yesterday afternoon to try the merits of the cue: Mulheim 5 Campbell Sam Yaroell Petnek Lee Hemkle F. Reeves Wm Corbett Hicks Parker Deatrick CJ Schardin I) Bardon Upon application of counsel for the defendant the case was continued until two o'clock this afternoon to give the counsel time in which to prepare a brief on matters pertaining to the action. The next case to occupy the attention of the court was an action (or debt, entitled Mary Brown, administratrix, vs George, and the following jury was empanelled to try the case: Elmer Croncb Frank Hibbard Miller Wm Cavanaugh Brown John Benson Miller John Pollock Jas Lamb Whittaker Geo Bl.ck Clark Attorney Miller represents the plaintiff, while Neale Sutter are counsel (or the defendant. The caw of Hoack A D.eter com pany vs William A Cassraan et at for debt on tbe calendar (or trial today.

Miller representing the plaintiff and O'Connell appearing for the defendant. Tbe lentenae of Dan Williams has not yet been reachel pending bearing for new trial.) Case No. 6039 Sled; A Hnrst ts Jennie Elliott, to recover 1498.95 account labor and materials, and foreclosure of lien on lot 9, block ft, Bisbee. Civil esse Nu. C0J8 Cled; Henry Forrest vs Andrea Forrest, action for divorce.

WEDXEDA, JULY 20 Judge Doan held of court last night in order to complete tbe case of Nelle Fowler ts John White, sheriff, et al. The arguments occupied the attention of the court tor atout two hours and the cas! war given tu the jury at 9:15 o'clock, and after deliberating for about twenty minutes returned a verdict in favor of the plaintiff for the possession of the property under attachment or its value in the sum of 11)00. The first matter taken up this morning was the divorce case of Nelle Fowler ts Joeph Fowler. A jury had originally been demanded by tbe delendaut but this right was waited. Ten witnesses were put under the rule nd the case was heard behind closed doors.

The case of Guadalupe Gonzales vs Juan Lopet, for debt: continued for the term by consent of coulscI. The case of Dora Little vs Crites. a damage case from Douglas, continued for the term. Theresa Barrttte va Middlemarch Copper company, for damages, a continuance was granted to plaintiff's motion and at plaintiff's coat Bank of Douglas va II Hichie, case ordered dismissed; settlement made out of court. Tbe jury empanelled yesterday in the case of Mary Brown, executrix vs George, for damages, returned a verdict for tbe defendant.

Civil case No. 6040 filed; Anton Lutz vs Lull Mines Company to recover $16,191 60 and $22,022.18 on notes. Judgement was granted to tbe plaintiff in the sum of $43,630 and costs of suit. The case agains't II Dyer et al as continued for the term. Thi.

is the alleged boleto case from Gleeson. THURSDAY, JULY 21 The following cases have been disposed of during today's session of the district court: The case ol Marietta Adams vs Adams of Douglas for divorce; tbe same was ordered dismissed upon mo tion ol plaintiff at plaintiff's cost. The case of the International Motor Car company ts Frank Clark, for debt, was continued for tbe term by stipulation of counsel on both sides, The case of Marcus A Smith vs the Pittsburg-Arizona Gold i. Coppercom-pany, to quiet title, was dismissed, the same haying been settled nut of court as per stipulation. This case has been hanging fire in tbe courts of this county for many years, and involved considerable valuable property iu tbe Tombstone mining district.

The case of Paul Jones Co. vs John Lopizich, for debt and attachment, was continued for tbe term by stipulation. The case of SI Bixier ts Parka, an appeal case from tbe justice ol tbe peace court at Douglas, was continued for tbe term by agreement of counsel. The case of GoIdschmiJt Bros, vs II Lopozicb 4 Bros, for debt, was continued for tbe term on motion the defendant. The case of Dabovicb Janovich vi Carovicb fc Starcovicb, for debt.

was dismissed for waotot prosecution. Tbe case of Wm A Barr vs Grace Barr, for divorce, was dismissed for want of prosecution. The case of Josepha Poinzkoler ti John Poinzkoler, for for want of prosecution. The case of Frank It Harrison, assignee, ts Wilson, (or debt, wai continued for tbe term on motion of the plaintiff. The caae of tbe Long Mercantile Co.

ya A Flickenger et al, for debt, waa ordered dismUaed (or want of prosecution. Trial Juror Parker was excaaed for tbe balance of tbe term. Tbe caae of Elden TtJrUss-Bey, for damages, was on trial this morning and tbe following jury was empaneled to try tbe caae: Bardon Clifford McCampbell G-eorge Blast: Black Leary Irwin LC Wilbur Coaby Frank Hibbard INela Lofgren Miller Tbe plaintiff claima in bis complaint that Massey ran oyer him with a horse and buggy while riding down the strtet in Douglas ou a Ibjclo, destroying the wheel and infl'ctlng aerious injuries. It is claimed Elder was trampled by tho horse and that he suffered for some time after the accident from a. badly sprained knee.

the jury in tho above case returned a verdict iu open court finding lor tbe defendant Tbe atttotion of the ooutt has taken up ibis afteinoou in the case of the Cil) of Bisbee vs Edmunson, as major, for condemnation of land in the corporate limits of Bisbee fur the erection of a reservoir by the city, and the following jury wnscho. sen to decide the merits oi the case: Sam Stanton Wh.t.iker II Fetrick Thomas Smith A Lofcren II Olfford Wm Ohnesorgen Jette Lofgren Deatrirk Harry Welsh Jas Christianaon William Gore The divorce case of Nell Fowler vs Joseph Fowler, which was on trial the greater part of yesterday, was teken under advisement and a decision will be banded down later on. FRIDAY, JCI.Y 22 The attention of the district court was again taken up today in the trial of the case of the City of lliilxe vs CL Edmunson, as major, etc, for condemnation of certain property within tbe corporate limits of the city of Bisbee. The plaintiff in the af.er examing A Hughes, Charles Cunningham, Johnson, Mc-Neisl, A'len, Fremont Fiazee and Patton. late yesterday afternoon rested its case.

The defendant took up its side of the case this morning and examined Lombard John 8 Williams and Friebart, and it is expected that the defense will rest its oase late this alternoon and the oiee given to the jury before an adjournment is taken for the day. The case of the Bank of Bisbee vs Lopezich, an appeal from the jus tice court nf Bisbee, is set (or trial to follow the case of the City of Bisbee vs Edmunson. Trial Juror Ed Irwin was excused for the bilance of tbe term. All trial jurors were excused jntil Monday morning at 9 o'clock. It is the intention of Judge Doan to take a recess about a week from next Monday until ome time in September thedateof which will beannounced shortly.

Much civil business has been transacted in the court of this county during the present term, and many cases of long standing have bee disposed of, which Ins helped tu clear the civil docket considerably. There are but three criminal cases yet to be heard this term, and when the sara are disposed of the criminal docket will have been cleared entirely. Case Nu 6011 riled; Geo Sligb va LG Britton and Brandt, administrator of the estate of Gardner, deceased, to require defendant Britton to perform agreement, wherby he agreed to buy certain tracts of real estate from TU Brandt as administrator; and to cause said Brandt to withhold delivering deed to Britton until Britten his performed agreement and conveyed an undivided one half interest to plaintiff as tenant in common with said Brittou. Case No. 6042 filed; parties not given ou account attachment proceedings.

It has been but two months aince the grand jury of thiecounty adjou.n-ed for the term, and at the present time the following named have been held to alt the action of that body, which meets on the third Monday in October: Frank Parker, of Courtland, (or as-saulr. Manuel Soto, of Bisbee, (or grand larceny. Victor Gomez, of Tombstone, as sault with deadly weapon. Jose Ledeaina. of Lowell, burglary.

William Lowan, of 'Qleesoo, grand 1 larceny. A Gnatz, of Biabee, fraud. Moore, of Douglas, aggravated assault. James Ray, of Lowell, robbery. Wolfe Aaronwald, of Douglas, aggravated assault.

Marcario Jose, of Teviston, murder. Francisoo Avilex, of Courtland. for burglary. Earl Sands, of Paradise, murder, PUOBATE C0UBT In tbe matter of tbe estate ol Thomas Carkisb, deceased, Abstract of The following table compiled by Clerk Bcrner of the board ol supervisors is an abstract cf tbe total valuation of propeit) in Cocbite county as taken from the assessment rolls of 1910: No Acres, Description of property. 108.017 61 Cultivated lands 62.542 Uncultivated lands Productive patented mines Improvements on productive minea Non-productive patented mines Iprovatnents Patented mill sites improvements Productive unpatented mines A mining claims.

(Value inc. in production) Improvements on preceding item Smelters (not Inclueded in improvements on minea and claima as classified above Town and city lots Improvements Banks Range horses Work horses Saddle horses Stallions Mu es Aeaes Range stock Beef cattU Milch cows Bulls Sheep Goats Swine 317 953 15 27,199 11 2338 1937 1806 30 351 123 51.739 75 768 10S4 902 6272 452 312.03 miles railroads, standard guage, min line Railroads, narrow guage, main Total valuation Less exemptions Net total value of James Itehliog and Hawley appointed appraisers. In the matter of the estate of Michael Dwyer. deceased, Frank Ramsay. John Lamar and James Braley were appointed appraisezs.

In the matter of the estate of John Obertaxe, deceased, Richard Humphrey, Emil Marks and John Hart were appointed appraisers. In the matter of the estate and guardianship of Gertrude Catherine Gerwien aud Alma Josephine Gerwien, minors, ordered that Katia Gerwien be appointed guardian. In the matter of toe estate of John Montgomery, deceased, final account of administrator approved, and administrator discharged and bond exonerated. In the matter of the estate of John Keton, deceased, August 1 at 10 a.m.. set for hearing final account of Matthew, Keton, administrator, ajjH his petition for distribution.

In the matter of the estate of Maud Huddleston, deceased, ordered that letters of administration be issued to II A Huddleston. Litigation Is Failing Off Considerable Since tbe first of the present month there were tiled but twelve civil cases in tha district court, which is a (ailing off Irom tbe ordinary record, as on an average at tbis time of tbe month there have between twenty and twenty-five aotiona filed, Of the twelve caaea filed tbis month, five are actions for divorce; five auits for debt and two actions to quiet title. Those Who Are Qualified to Vote Owing to misunderstanding of the law providing for registration for the approaching constitutional conven-tion, the Douglas Dispatch investi gated the matter and obtained opinions from Tariout authorities, tbe following deductions beine the result: "The opinions ol those deemed qualified to interpret the enabling act and the territorial law referred to therein, is that al) citizens must be registered if they desire to vote at tbe constitutional election, bat that those whose names appear on the great register of the county for 1908, and who have not changed their residence since do not need to reregister," It is reported that the rain storm did a good deal of damage to alfalfa hay and seed in tbe Yuma Talley Some farmers estimate tbe damage as much as $35,000. County Proierty Valuation. 666,976 71.

129,522 87 29 30 1.930 (10 107,967 04 295,000 00 375 00 1,900 00 51.150 00 1,353,000 00 2.022.6S0 05 2,931.037 50 3J4.370 00 23 3S0 00 78.705 00 45,040 00 2,930 00 13,315 00 830 00 517.390 00 1,500 00 23,240 00 32,520 00 1,129 00 11,215 00 1,251 00 00 75 all 86 609,110 90 00 Board of Supervisors Hold Session The board of supervisors were in sessijn last evening and took up con siderahle unfinished business left over from the last meeting and adjourned to meet on August 15. The follnaiog matters were disposed of: The olerk whs instructed to read-vertie for bids for tbe building of a ja I at the county poor farm, and the same to be opened on August 15. The clerk was also instructed to ad vertise for bids for the making up of tbe duplicate assessment rolls for the year 1910, to be awarded on August 15th. Tbe clerk was ordered to write to the territcrial superintendent of schools to ascertain as to whether or not additional copies of tbe Arizona school laws were available, as this county Is short of them owing to the fact new school districts were formed recently. About fifty copies of tbe school laws are needed.

The clerk was instructed to advertise for two teams of horses, mares preferred, not to weigh less than 1200 pounds each and from 8 to 10 years of age. Alio to advertise for wagons. The same to be on exhibition in front of the court bouse on Aueust 13 at 1 p.m. The teams and wagons will be used at the poor farm. The clerk was further instructed to advertise for a steel tower and water tank for the county poor farm.

The capacity of the tank to be 25,000 gal ons. The supplies for the coming election were ordered advertised. Tbe necessary affidavit having been received by the board from former County Examiner Purdon and attached to his official report, it was ordered to make the report a part of the minutes of the board. The following notary bonds were approved by tbe chairman of the board: Edw 0 Hicks of Douglas; Joseph Mcfveehan of Biab'e, and A Folsom of Naco. Tbe bond of A Folsom as justice of tbe peace at Naco was approved.

Tbe board of equalization adjourned last evening until Monday, August 15 at I p. m. With pledges coming from all parts of Arizooa, tbe Douglas Chamber of Commerce and Mines is Catherine sinews of war with which to wrest Ike 1911 session of the Mining Congress from its many competitors. Some time ago Secretary B. JP.

Grindell sent out over 150 letters to prominent mining men, aeliog them to rally to tbe aid of Douglas in convincing the sVna (vi rlieanlA tf sIia avsau ui uilCbHUII i ua lIUIUi; VOD I giees that Douglas has the fiaeat I cation for tucb a convention. From Thursday's Daily J. M. Johnson is here from his home in Lowell, where he it engaged the rel estate busine-a. Supervisor Iloncn and Scbeerer re turned to the.

respective hot! es at Bisbee and Douglas this morning alter attending a session ol tbe bo Uet evening. Mia Glace Audersuu leturntJ to Tucson veaterdai afternoon after a few da)s visit iu the city. Mrs. Mary P. Iliriow and daughter Mrs, Nolle M.

Ko.vler. lelt yesterday for St. David, after a dave attend ance in lb) strict court Mies Marabelle Williams departed yesterday morning for Cleveland, Ohio, where she will spend several months visiting lriendaanl relatives. Dr. A R.

Hickman is in the county seat from Douglas, having business hesore tb district court today as a witness. Aatietant District Attorney Edaard Fannigan came in from Bisbee last evening after an absence of several days. Herman Bloch, the well known Bisbeeite, is here today on a business mission, baring arrived last evening. W. G.

Pritchaid iein the counto seat on legal business W. B. Cleary, attorney of Bisbee, is in town attending court for several days. O. W.

Zaw is among those from Bisbee in town today on pending matters in court. Dr. Leonard of Gleeson arriv. ed in Tombstone yesterday, returning home this morning, having been called hereon professional business. Attorney A.

F. Pardons was among the arrivals la-t evening from Doug, las. F. L. Harrington cama in from BisbteU't evening on btiine.

R. Motz and Frazee, accompanied by R. Allen of the Bisbeee Printing Company, are in Tombstone today on business. J. F.

Maser and W. S. Cliyton connected with the P. S. at the Smelter Dougla, arc here from City as witnesses in court.

We note through the Phoenit Republican that W. Staunton has but rtceutly purchased a valuable 100-acre tract of land near the capital city. Mr. Staunton is a shrewd investor, which leads us to believe lis ranch second to none in the Salt river valley J.J ration. deputy county a-ees-sor at Hubee, in town today.

Sam Elder, county road superintendent, is in Toti'bstone day on court business Attorney George H. Neale returned to the county seat today from Bisbee, haviug additional business tefore the district court. Ask For a 6-hour Law In Arizona Denver di'patch says: The report oi the executive board of the Western Federation of Miners, tiled today, says conditions in Nevada, Arizona and California are improving, but some districts suffering Irom wildcatters'' and tbe report re commenas continued agitation lor a fedral law wiping out "wildcatters" who exploit prospects and leave miners to "hold the bsg Railroads in California, the report asserted, are ignoring the eight hour law. The report suggests that the federation use its influence to secure tbe establishment of a six-hour day in Nevada and Arizona, because of tbe intenseheat in tbe mines President Moyer appointed a com mittee to go to Arizona and New Mexico to inyestieate tbe feasibility of organizing a labor party for the coming election of delegates tn the constitutional conventions. Turner of Jerome is the chairman of the committee, which will report in two weeks.

iticarao Alaitinez, aged la years, was before Justice Dufton of Tucson en a charge of house breaking. He waa turned over to the juveni judge for trial. Martinez and a companion entered the honse of Senator Ives at Fifth avenue and Seventeenth street, but were frightened ctf before they could get anything. From Friday's Daily The eatablisbment of a board of trade or chamber of commerce in Tombstone is being considered with favor among tbe local businessmen and an early meeting is looked for in the furtherance of ish worthy organization. C.

W. HLck went I i Bisbee this rooming on the early train on bust nee. He will return tomorrow. Tbe sou cty lolLs of Tombstone are aaeurtd of excellent music tonight at the dance in Gage Hall immediately alter the show. The Phoenix orchestra will play, Cabe'l, justice of thepeaceat Courtland, arrived this morning, having business with 'be clerk ol the board of supervisors.

Col. J. Young, president of the Great Western Copper Mining company at Courtland, a-rived in Tombstone this morning in his large touring car and departed ou the 11 o'clock i train for California. (J. M.

Wadley, a knight of the strip uinTnmhitnn. t1v Attorney A. F. Parsons left tbis morning for Benson, where be goes to see his young son, Charles, off to the east, where he will spend the summer months the seashore. Attorney A.

M. Samei was among the incoming passengers last evening from Douglas to complete bis legal matters pending before tbe district court. P.J. Connelly is in the county seat from Uis'eeon court business and is acting in the capacity of a witness. Attorney C.

O. Bustamente, the Tucson counsel for the Zaragoza Society, la in tou today. The first municipal election for Uleudale, the sugar beet town, occurs today. Timely Warning to Property Holders There may be, and always is, a few property holders in Tombstone who I inadvertantly fail to rtU exaction tnwar contibute a pro rd the mainte- naco of the city government. Such 1 negligence does not reflect discredit upon one; it is merely an oversight I incident to a tuay life, but itdecresses the pur-e when caught napping and called upon to pungle up a penalty when the unpaiJ taxes are declared delinquent.

And that is why Chief of Pol.ce and Ex-o hcio Tax Collector Dravin asts the PuoffcroK to sound the alarm, after Monday next, the 25th, those who have been derelict in this very essential matter will have to pay the penalty of a delinqjent So, lest you forget, etc. Applicants For Citizenship papers The following applicants have filed petitioDs with the clerk of tbe district court for naturalization papers and the same will Le heard on November II. Martin Deijchman, born in Sarnie, Austria, arrived in the United States at New York in 1900, and is now a resident of Lowell, Nils Petter Ohlssen.born in Lgjn-gbyhed, Sweden, arrived in United States at New Orleans in 1895, now resident of Bisbee. Paul Kump, born in Speharje, Austria, arrived in New York in 1905; res dcoce at Bisbee. James Henry Tilbett, born at St Agnus, England, arrived in New York in 1S72; residence at Hereford.

Figures on Marriage Licenses Issued Since January let of this year tnere nas oeen issued from the office of the clerk of probate court 228 marriage licenses, the majority cf which were issued to Douglas and Bisbee applicants. Tombstone ranking sizth in the list. So far this month tbirty permits to marry have been granted, while duriug the entire month of June but thirty-four were issued. It is expected July will exceed the number granted in June by ten at least. aus tickets were issued by toe clerk-in the past few days: Redfield to wed Fannie Armitage, both of Benson.

Harry Lay to wed Katherine Kruz, both ol Cananea, Mexico. Asuncion Lepez to wed Ramona Raxiola, both of Douglas. Lucie Romero to wed Jacola Qun-zales, both of Biabee..