Newspaper Page Text
THE ARIZONA REPUBLICAN, PHGENTX, SATURDAY MORNING, MAY 24, 1890.
Judge Kibby Expels Some
of Hie Holdovers.
Asylum Commissioners and
Prison Directors Must Go.
Defendants Ask for Now Trials, But
There is No Stay of Execution
They dio hard, but thoy die.
Yesterday morning in tlio Supremo
Court tho parties struggling for Terri
torial oflices again put on tho gloves,
tho holdover Territorial prison commis
sioners being represented by Judge
Street and Attorney Alexander and
the Territory by Attorney-General
Churchill. A number of witnesses were
introduced on both sides, but it was
agreed at last that there should bo a
statement of facts on tho part of both.
There was no substantial ditferenco as
to these statements of facts.
It was admitted on tho part of tho de
fend that tho nppointeo of Governor
AVolfley had been appointed and con
firmed by tho legislature, ns Directors of
tho Terrrtorial Prison; that Captain
Ingalls had been appointed as superin
tendent of tho prison by Goernor
Wolfloynml had been conllnned; that
tlo respective appointees had acted in
their Hoeral portions so far as thoy
could net under the circumstances with
the holdoer board and tho holdover
superintendent having possession of the
The complainants admitted that
l'rion Directors P. H. lirady and
Thomas llnllick had been acting as di
rectors of the Territorial prison c er
binco their appointment; that Joseph
J. Stein had acted as secretary and John
II. lielian has ntted as superintendent
of tho prison during tho same time
although demands had been made upon
each of these secral officers to sur
render their places to tho new appoin
tees. "When the caes had been mado up
they were ably argued seperately by
Attorney-General Churchill for tho
plaintiirnnd ex-Judgo Barnes, of Tucson
for the defense, the latter saying in the
course of his talk upon the Stein and
Buhnn caes that lie hud, upon mature
reflection, come to tho conclusion that
tho ruling of Judge Kibby upon
demurrer raised in thr cases had been
well taken. Judge Kibby, it will bo re
membered, had ruled that the positions
held w ero offices and not mero employ
ments, thus making the ollicials respon
sible to the Territory nnd not merely to
the Hoard of Prison" Directors. A similar
ruling was made also in tho Titus and
Alter the argument Judge Kibbv
few terse scntenf.es deliered
"It is the ruling of this court," Judge
Kibby said, "that the defendants lirady
nnd llalleck are usurpers of the posi
tion occupied by them, and judgment
w ill bo given for the plaintiff in tlioo
cases. The olhces will lie turned oer.
The cases against liehan nnd Stein will
bo taken under nth isements. tho attor
neys to file points and authorities with
Counsel for lirady and Unlleck at
once filed a written motion for a new
trial, which motion was overruled bj
the court, defendants noting nn exce
tion to the ruling.
The court then proceeded to the con
sideration of tho ca-es of tho Territory
upon the relation of tho Attorney-General
against C. It. Hakes and Maurice
B. I'leichman, holdoer Commissioners
of tho In.ine Asylum. Here, nlo, there
was the admission ujon either side of nn
intended statement of facts substanti
ally the same as had been admitted in
the proceeding case, the difference 'eing
that the cases against Superintendent
Titus and Secretary Alexander were not
included with tho-e of tho Directors.
Hut two breaks occurred in the long
chain of admissions, tho first coining
when the Attorney-General said that lie
wished to prtne by Mr. Monihon, Presi
dent of the new commission that a de
mand had been made ujwn Mr. Pleiscli
man to turn oer his office.
Judgo Street, at this juncture, hnstily
consulted Mr. Fleischmnn, who was
present, and then announced that no
Mich admission would be made. Then
Mr. Monohan took the stand, and hworc
that a demand in duo form had been
mado ujron Mr. rieischman.
The next break came when Attorney
General Churchill declined to admit
that Mr. 1'leiHchman's predecessor, upon
the Zulick Hoard, had resigned, no men
tion of such resignation nppearing upon
the minutes of tho lioanl.
Clerk Alexander, of tho old Hoard,
was allowed to make a statement to the
effect that such resignation had actually
taken place. This was accepted by the
Attorney-General, and tho case for tho
defense was closed.
"I will order judgment for tho plaint
iil," Judge Kibby said. "Tho offices
will Iks turned oer."
"We will give notice of a motion for a
new trial," Judge Street said. The mo
tion will bo submitted in writing, proba
"There are yet rcmnining two more of
these cases to bo tried," Mr. Chun hill
said, "those against Alexander and Dr.
"How long will it tnko to try these
cases?" asked Judge Kibby.
"It will take as long as these cases
that wo hae just concluded," Judgo
"I will set for them for 9 o'clock to
morrow morning," Judge Kibby said.
"I would like your honor to under
stand," Judge Street said, "that therois
some other merit in thc-e cases."
"That is rather a peculiar admission
for counsel to mnko to the Court." At
torney General Churchill said. "Does
ho mean to imply that there has been
no merit in tho rest of theso cases?"
"I should have said that tho questions
rnised were different," Judgo Street ex
plained. The Titus and Alexander cases will be
There was talk of appeal in tho enses
decided yesterday, but no stay of exe
cution was asked for or granted.
mcnl w ith his trnined dogs at the opera
houso last night.
Tho trial of Harry Bernard and
Sylvcria Zuniga for unlawful cohabita
tion is set for today in tho District
Ministers who desire notices of church
services inserted in Tun ItEi'UiaiCAN
can have them printed on Sunday
morning by bringing them to this office
on Saturday afternoon.
Dan Boone, a retired gambler, put on
the war paint and imbibed a jag, wheic
upon Marshal lUankenship convened
him to tho cooler. Dan will not feel so
hilarious this morning.
An agent of an English syndicato,
owning a range in tho Pan Handle,
of Texas, has lecn buying up all the
Hereford bulls in tho alley nnd will
ship out about twelve carloads next
Dr. MncLennnn, Tin: llm-uin icon's
jolly neighbor in tho Monihon block, has
lust fitted up his offices ery handsome
ly, and judging from tho string of pa
tients pouring into his oflico daily lie
lias tome to stay.
John W. Woodsido, Chairman of the
Centennial Memorial association, of
Philadelphia, wants to bo First Vice
President ol the World's Columbian
Commission, and has asked Goemor
Wollley for lus endorsement.
Judge Hawkins was up from Tempo
Levi Keller, of St. Ixmis, is at tho
II. T. Stanley, of Los Angeles, is regis
tered at the Mills.
Lieut. Watson, of Snn Carlos, is a
guest at tho Lemon.
W. C. Davis, a well-known citizen of
Tucson, is a guest at the Mills House.
Sheriff Gray went to Tempo to sub-
ptvna a number of w ltnesses yesterday
Prank U. Holden nnd wife are up
from Maricopa, guests at the Mill
W. II. Hamelson, of Kansas City, one
of tho owners of tho Gila ditch, is in
1). II. Burtis lias returned from n
pleasant trip to Castle Creek Hot
Major Ncustatter sajs that lie is liav
ing n delightful time in the odd hours
w lien the court is not in session anil
many of his experiences remind him of
his first isit here nine jcars nzo. The
Major is sorry that business engage
ments prcent him from taking up bis
resilience nere permanently.
Fred X. Scofield, accompanied by his
sister, Miss Addio Scofield, Icaes this
morning on a visit to His father at
Waukesha, Wis. Mr. Scofield lias
made a valuable improvement in this
valley and reaped a merited reword, in
getting $20,000 for his magnificent or
chard. He has just completed a hand-
sonio business hoti'-o on the plaza, nnu
on his return in the fall will erect a
handsome three-story buildini; on his
lot on Center street, near the jiostoflice.
.Miss Atiaio lias matte her brother nn ex
tended visit and leaves behind many
friends who will regret to learn that she
does not intend to return to Phienix. for
the present, at least. The Km mucin'
wishes both a safe anil pleasant journey
TOO MUCJIEE FOOLEE.
ONK CIIINKSK T1IK I.KSS IN Alii
A Murder it n Vojf t talilo Gnrilen
nn the timy lSiuich Last
Better pavements nro needed.
Straw berries nie in actho demand.
Lay the dust, say tho housekeepers.
Iced tea is tho favorite beverage now-a-daj
Tho "-10" will danco at Phtenix park
Prof. Norris gave a second entertain-
"He too inuchec foolee me."
That was the remark made to Itputy
Shcriir DavctiKrt by a villainous look
ing Mongolian who slept last night Ihj
hind the bars at the County jail.
Mr. Davenport was aroused last night
nt about 11 o'clock by a Chinese who
brought tho news that one of his coun
trymen had killed another at the ega
table garden on Lum Gray's ranch, near
tho fair grounds east of the city. As
nearly as Mr. Davenport tould make
out from the gibberish of his informant
a cold-blooded murder had been com
mittcd, and hastening to awaken Under
Sheriff Boyd, thd twe officers at once
set out for the scene of the tragedy.
Tho muider had been done in a little
shnntv wherein the Chinese gardeners
i.l.l l .1 i .: i..i I....,
ii'smeu, iiiiu iiiu suuuiiiig mm uviuumiy
Tho tragedy, it seems, grew out of
the reiusai ol long Mia, tho murdered
man, to p iv to the murderer some $200
or $:J00 which the lutter claimed had
been lxrroed from him. Tong Nil a
not only refused to pay the money, but
he was also in the habit of making
SKrt of the murderer, who gave the
name of AhChee, when Ah dunned him
for tho amount due. Last night, in an
altercation over tho matter, Ah Chee
lost his patience altogether and. draw
ing a Colt's revolver, put a ball through
Nun's heart, killing liiin instantly. But
one shot was fired.
Ah Chee, when the officers went to
arrest him, showed n disposition to re
sist, but n revolver in the hands of one
of the officers brought him to a realiz
ing sense of his position, and ho sur
rendered and gave up his gun. It was
about midnight when he was captuied.
An inquest will bo held upon the body
of Nua today.
OFI'KKKD 1'OK TIIK AllKKST OF
DALY, TIIK MUKIIKllEIt.
lloTornor IVulilcy Swell the Amount
to Thirty - (Hi) Hundred Dollar.
On the eleventh day of April, last, W.
W. Lowther, Deputy Shcriir of Cochise
county,was brutally murdered by James
Daly, near tho town of Bisbee. The
murderer escaped. The local authori
ties at once offered a reward, tho follow
ing reward being issued by the Copper
Queen Consolidated Mining company:
"Twcnty-livo hundred dollars reward
is hereby offered by tho Copper Queen
Consolidated Mining company and the
citizens of Bisbco for tho arrest and con
viction or positive proof of the death of
James Daly, who murdered W. W.
Low ther, near Bisbee, on the afternoon
of Friday, April 11, 1890.
"Daly is a man apparently 50 years of
age, although in reality several years
younger, six feet in height, round face,
slightly pockmarked, sandy complexion,
red moustache, weight, about 100
pounds, scar on foot mado by pistol
shot, also scar ncross neck made by pis
tol snot, xains vvun a strong vveisn
Sheriff Slaughter, of Cochise county.
offered an additional reward of $500.
Yesterday a letter from Cochiso
county called the matter officially to the
attention of Governor AVolfley, who will
nt once issue a proclamation offering
an nddttionnl reward ol $ouw.
A Good Man.
Tho Tucson Btar.
Bob Rainsbury is Tucson's represent
ative of tho Arizona IIewylicah. A
good man and will do w ell for tho now
candidate for public fnvors.
w. L. Lovcll, Calcutta.
II. T. Stanley, Lo Aur W. C. Davis, Tucson
VV. II. Harclson, Kan City
Uvl Keller, St. Louis V C. Crosthualtu, D.C.
C. Herman, San Fran SI. Wolf, San Francisco
11 I). Steele, Kan. Clt Louis Schoer, San Fran
U. L. llorner.and t, S. K.
MARKETS OF THE WORLD.
DOINGS OK TIIK DAY ON ALL TIM
The Chicago unil Liverpool Cloning l'rlcei
nn flniln Cattle Market A Generally
New YcutK, May 23 Tlio Stock Market to-day
Mas dull, the market falling on In business and
a corresjiondlnK decline In Interest was taken In
speculation. At the closo It was. unlet, hut
heavy to wiak, generally at Insignificant
changes for tho ilaj. There were declines In a
large majority of stocks, though In no caw
amoiiR the active stocks (or inure than fractional
Governments, dull. Petroleum opened steady,
trjj, and closed Arm, 91
Closing quotations were us follov.s:
United Slates M, registered
United Slatts It, coupon 1
United Statin l'ss, registered Wi
United Statis IJji, coupon.
American Kt press
Denverand llio Grande. ..
Kansas and Texas .
I,ouisvillc and Nashville ....
Northern 1'aclfic, preferred.
Northwt stem, preferred
New York Central
Oregon Improvement .
Oregon Short Line .
St I 'mi I and Omaha
W dN Fargo Kxpnsa
American Cotton Oil
Money on call easy at 3!iif per cent.
l'rlme Mercantile Taper. 6C7 icr cent,
Sterling Kichange unlet und Dtuid) : CO day
oiu, f i m, cciuauu, ?t ro
Chicago Cattle Market.
Chicago, May 21 Cattle receipts, 11000 Heavy
llccvcs, l fi05 00, Steers, -l .WJ1 H. Sto.'kcrs
and Feeders, KKl W; Texas Steers, U 80
Hogs -Receipts, 23000. Slow anil a shade lower.
Mixed und light. 1 NVitl 00. heavy. 13 WtVl M
sheep Hcielpts, lJixn) Slowund ritiV lower.
Natives! 70i On, VV tstern, JUKXgGUO, Texans,
H uixjh vo.
Chicago Win nt Market.
Cmcino, Via) 23 Tho Wheat market was ex
cited to day The opening w as a trifle easy, w ith
the first Faics of July at M&te below yesterday's
closing, hut quickly started upwards and ad
vanctd ilia above inside figures and held firralv
Closed Vic higher than yesterday. The advance
was spasmodic August aihuuccd 2c. Septt mber
lfjc and closed 1 c hlghor than yesterday 1 he
conversion to the hull side of some prominent
Hoor trader) who usuallv are upon tho bear side
helped to mlv anie the market The crop news
from Winter Win at dlstrlits continue to come
In bad Keports of Spring Wheat crop are favor,
able Receipts, Cs.S,ouo: shipments 175,000
New York Cnllee and Sugar.
New York, May 23 Hops-Firm. Coffee
Options closed firm, unchanged to 10 points
down Sales, 10,100 bags, Muv.nt fl6 85gI7
June, 1G 501C 70, July, lf, alC 0. Spot Hlo
steady lair cargoes, 20c. No 7 fiat bean, 16c.
Sugar Kaw. firmer Sales of ftoo hhds Musco
vado and three cargoes Centrifiigacs. Refined
VV ool Firm Domestic Tlei cc, 1l(45Gc.
Copiier Firm Luke, May, 1 11 10.
Lead Cloned with an upward tendency, Do,
mestlc, Jl 20.
Tin Easier. Straits, ?20 8.3.
Han I'ranclxco Mining Stock.
San Fka:usco, May 23 Mining Stocks dosed
Rest (t. llelcher ... 1 03
Chollar . J 5.3
Crocker. . 2.3
Con lrginla . I GO
Confidence 5 12'
Gould A Curry 1 ,V
Hale A Norcross ... 2 73
I'ccr ... . 10
l'Derless . 2.3
Totosl .. 5 2o
Ophir ... t.V,
Savage . 2 no
Sierra Nevada .. . 185
Union Con .... 2 (A
Yellow Jacket 1 S3
New York Mining Htocka
New Yoiik, May 23 Followldg are closing
llrunswlck Con . ... .. i 2 00
Caledonia, lllack Hills ..... . 2 H
Deadwood. . ..13)
Fl Cresto 1 13
Hale A Norcross. 2 lr
Hoincstake 8 50
Horn Silver 3 35
Iron Silver ..2 00
N Commonwealth . . . . 1 35
Ontario .... . 40
Occidental .. 100
Plymouth ... 9 00
l'hti'iilx, Arizona 1 40
Savage . . 1 70
Sierra Nevada , 1 75
No Cure No ray.
I liavo mndo diseases of tbo eye a
specialty for many years; and if I can't
euro iiio worst, case oi uiseiiseti cyei in
tho country, I tisk nothing for treatment.
Have treated hundreds of cases on the
"no cure no pay" plan. Remember, if
., ... t ". T - . . ..,.
i tion'i no wnni i say l can, it win rosi
you nothing. Consultation free. Oflico
nnd residence opposite I'hcenix Hotel,
Washington street, Phoenix, Arizona.
W. A. Hyde, M. D.
J. D. Reed mnkes a specialty of piano
nnd safe moving. tf.
Reed is prepared to move all kinds of
heavy freight, baggage, express and par
cels to any part of the city or county, at
reasonable rates. Leave orders at olls
Parties desiring n change of residence
should give J. D. Reed's California
truck a trial. Orders left at Wells-Fargo's
express oflico will receive prompt atten
Rted's bnggngo transfer meets the
morning train. Orders left at Wells
Fargo's express oflico will recc ivo prompt
Reed's baggago transfer nnd truck line
delivers freight, bnggago and parcels to
all parts of the city at reasonable rates.
All kinds of freight moved by Reed's
bnegage, transfer and truck line. Leavo
orders at Wells-Fnrgo's. tf
C. L. ESCHIWi & CO.,
CORNER WASHINGTON AND CENTER STS..
P1KENIX, A. T.
ONLY FIRST-CLASS DRUG STORE IN THE CITY.
GPO. AV. COBLE.
G. 11. TERKINS.
PEEKDfS & COBLE,
Graduate in Pharmacy.
gjtT Established in llllCl.
BRUSH ELECTRIC LIGHT
THE BRUSH INCANDESCENT ELECTRIC APPARATUS
IS PRONOUNCCD 11 Y USERS TO RE
STJlEHIOIl TO ATiJu OTHERS,
A N I)
THE BRUSH ARC DYNAMOS AND LAMPS
WITH THEIR VARIOUS IMPROVEMENTS, CONTINUE TO
LEAD AS HERETOFORE.
General Eeal Estate
AND LOAN AGENTS.
( UJTCJJSn TiriC OPERA IIOOSK.)
SKND 3TOR u. CATAhOGUK '.TO
THE BRUSH ELECTRIC COMPANY,
IMPROVED CITY, SUBURBAU
AttD FARM PROPERTIES.
Improved 5, 10, 20 and 40-Acre Tracts,
With or Without Water.
CHOICE ALFALFA, VINEYARD AND
Special Inducements Offered to Purchasers of
Vhole or Half Sections.
Improved and Unimproved Business and Residence Properties in
All Parts of' the City.
PLATT & DIXON,
Practical Furnace Builders
Bricklayers and Contractors
Of Blnat Furnaces, Rolling Mills, Gaa Furnaces, Gas Boilers, Gas and Bono
Retorts, Glass and Zinc Furnaces, and Brick Work
of Every Description.
CORRESPONDENCE SOLICITED. Jgg
Room 419 Commercial Building:,
ST. LOUIS, M0
LOTS IN UNIVERSITY ADDITION.
LOTS IN NEAIIR'S ADDITION:
LOTS IN GREENIIAW ADDITION.
LOTS IN DENNIS ADDITION.
LOTS IN MURPHY ADDITION.
LOTS IN GRAND AVENUE. ADDITION,
LOTS IN IRVINE ADDITION.
LOTS IN LINVILLE ADDITION.
LOTS IN COLLINS ADDITION.
LOTS IN CHURCHILL ADDITION.
LOTS IN MONTGOMERY ADDITION.
BW Special attention given to Colonists, and dcbirabie lands i be offered'
Negotiate and Guarantee Loans on Real Estate. Rents Collected.
Taxes Paid and special care given to all property placed in our hands.