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-. lU.Jl'ffLBi " r V7 TJ-.T.P -VV wv VPIVWIIWWtwMtaM ' ' " """ .mi h... ,.., ,h ,y -., , , r v L-rrrirjrL).VJ j-,-- .'' -"' AMZ.UHW.I OCT 3 WB THE BISBEE DAILY REVIEW MEMBER ASSOCIATED PRESS VOLUME 15. BISREE. ARIZONA. WEDNESDAY MORNING, OCTOBER 2, 1912. NUMBER 125 ! m VERDICT fiHEl Q u 0FHNIH1 Noted Lawsuit Against Mar. tin Cost ello for Account in Deals in Mines Is Ended DECISION oF COURT COMES IN JANUARY Twelve Questions Submitted by the Plaintiff and Ten by Defendant Arc Heard by Jurj (Sec!al to Dally Review) TOMBSTONE. Oct. '.A verdict was rendered by the Jury In the Cun-nlngha'n-Costello case this morning In Tombstone, and this verdict was In favor of the plaintiff on all the questions submitted Vy counsel in the case. The findings of the Jury vero unanimous on sixteen of the questions submitted, and on six the Jury stood eleven to one. This case occupied the entire sir days of last week, and the arguments or counsel were listened to by. the Jury yesterday. Suit One of Equity The suit Is one in equity, wherein the jury was charged with only find ing as to the facts, and the verdict was in the shape of answers to a scries of questions submitted by coun sel for loth plaintiff and defendant. The suit is one brought by the heirs of Paddy Cunningham against the es tate of Martin Costello for something over $300,000. for which Judgment was asked because of alleged partner ship between Cunningham and Cos tello in certain mining claims which were sold by Costello. Twelve questions were submitted to the Jury by counsel for plaintiff, and ten by counsel for defendant. The questions and the answers appended by the Jury follow: Questions by Plaintiff I. "Did Patrick Cunningham, at the time of his death, own a half in terest In the Irish Mag, George Wash lngton. Old Republic and Angel mining- claims?'' "Answer, "yes." (Questions 2, 3. 4, 5, and C we-o the same as the first, except as to the names of mining claims. The an swers were "yes." the jury being un enlmous as to questions 2 and C.) 7. "Did Martin Costello make rep resentations which were false, as al leged, in the reply to Julia Cunning bam, with respect to Paddy Cunning ham's title to eleven mining claims' Answer, "yes."' Relied on Representations 8. "Did, If you find that Martin Costello did make certain false rep resentations, Julia Cunningham rely on said false representations when she signed the receipt?'' Answer, "yes." Influence Alleged 9. "Did Martin Costello exercise any undue influence upon Julia Cun ningham to Induce her to sign the re- eipts, exhibits 23 and 24. and in "gulng the same was Julia Cunning am unduly Influenced by Martin Cos .ello?" Answer, "yes." 10. "Did Martin Costello agree to pay to James Reilly 30 per cent of the money received from the sale f the eleven claims mentioned In the complaint?" Answer, "yes." II. "Did Martin Costello make any agreement with James Reily for his services with respect to any of the claims mentioned In the complaint?" Answer, "yes." 12. "Did Martin Costello. during his lifetime, repudiate or deny that Patrick Cunningham or his heirs owned a half Interest in the claims mentioned in the complaint, or me proceeds of the sale thereof?" Answer, "no." Questions by Defense 1. Did Cunningham pay any part of the purchase price of the Angel, Old Republic, Irish Mag or ueorge Washington mining claims?" Answer, "no." 2. Did Cunningham pay any part of the purchase price of the Bell flower and Smuggler claims?" Answer, "yes." 3. "Did Cunningham deed the Hat ty Manchester to Costello under an agreement that he should hate a one-half interest?" Answer, "yes." 4. Was same as No. 3 In regard to half Interest in proceeds of pale of Hatty Manchester claim. The answer was the same. 5. "When Cunningham conveyed to Costello one-half Interest In the Senator, Senator No. 2, Wagner, Pride and Gibraltar, was it by rea son of an agreement between him and Costello that Costello . should patent and sell the claims, and account to Cunningham for one-half of the net proceeds?" Answer, "yes." Was Opportunity Offered? C. "Did Julia Cunningham have an opportunity to read the statement of accounts furnished -by Judje Reily and designated as defendant's ex hibit No. 38, before she signed the two receipts designated defendant's exhibits Sos. 23 and 24?" Answer, "yes." 7. "When Julia Cunningham. In May, 1902, received final payment FAVORING HEIR (Continued on Page 2) David Bruce Brown Skilled Chauffeur Kilted In Machine Driver and Mechanician Are Thrown from Car and Sportsman Is Dead MILWAUKEE, Oct 1 David Bruco Brown, a wealthy New York sports J man who though only 20 years old was one of the best known automo bile rare drivers In the country, was klll"d and his mechanician. Tony Srudalarl. was fatally injured at the new Wnuwntose automobile roaJ house today on the eve of the eighth running of the Vanderbilt cup race. Bruce Brown was driving his high powered Fiat car at ninety miles an hour when his rear left tire blew oaf. The heavy car swerved into a ditch and a second later the machine ca'a pulled diagonally across the road In to a field and th men were thrown clear of the car, which was hurled high into the air and then smashed into a heap of wreckage. Brown's skull was fractured and his left leg broken. He also suffered Internal injuries. HAi 10 PICK E Trial at Indianapolis of Men Connected with Los An geles Times Explo sion on TALESMEN OBDURATE INDIANAPOLIS, Oct. 1. Lines up on which the jury will be chosen for the trial of forty-six defendants ac cused of complicity in the widespread dynamite conspiracy against the era ployers of non-union labor were In dicated today by the examination of veniremen. The trial was begun before federal Judge Anderson, and the original number of 54 men indicted, headed by Frank M. Ryan, president of the In ternational Association of Bridge an 1 Structural Iron Workers, was re duced to forty-six. The Judge with drew the charges against three men. One defendant was absent because of a broken leg. Ortle McManlgal pleaded guilty, and the third defend ant was reported "not fouud." John J. and James B. McNamara, serving terms in California, also were report ed "not found." Veniremen Examined The veniremen were examined by Senator Kern. William A. Harding tor the defense, and District Attor ney Miller for the government. J. M. Hatfield, farmer, a country school teacher, was excused because he said he had an opinion the defend ants were guilty. here did you get that opinion?" was asked. "From the newspapers. I read ac counts of the McNamara trial at Los Angeles, and of the grand jury at Indianapolis that indicted these men. It convinced me they were guilty." "You know, don't you, theso de fendants were Indicted Jointly with the McNamaras?" "Yes, it takes much evidence to overcome my opinion." Hatfield Firm in Belief "You say you read about the blow ing up of the Los Angeles Times building, the pleas of guilty or the McNamaras and the confession of McManigal, and that you concluded all were guilty of carrying explosives on passenger trains?" "Yes, that is my belief. It takes evidence to remove that Impression," Mr. Hatfield said. Much questioning! was devoted to whether the venireman ever had rela tions with union labor, or was preju diced for or against it. Former banker Juhn Burgess, of Newcastle. Ind., was asked whether William J. Burns, who arrested Mc Manigal and the McNamaras, was now employed by the American Bank ers' association, and Mr. Burgess said he did not know. One man was excused because he had sons who were members of labor unions. Believes Men Guilty "Did you ever read McManigal's confession In which he implicates these defendants as being associated with him in carrying dynamite and nitroglycerine about the country?" was asked Charles W. Johnson, a farmer. "Yes, I read It, together with the fact that the grand jury found Indict ments here. It convinced me that these men were suilty." h& answered. James H. Hurst, another farmer, said, "The government will not have lo introduce any evidence to con vince mc these men are guilty. I am convinced already." THREATS OF VIOLENCE MADE. SALEM, Mass, Oct. 1. Threats of violence If Joseph Ettcr and Arthur Glovannlttl, leaders of the Industrial Workers of the World and Joseph Caruso, on trial here charged with the responsibility for the death of a woman during the Lawrence strike riots were not liberated were re ceived by the authorities today. Slxty eight talesmen were questioned with. out any additions to the jury. Wil liam O. Haywood came to Salem 1 day. LESS WARSHIPS A! RE LAND S GREAT HEED Country- Should Develop Homes and Not Build Floating Forts Says Kansas Man IRRIGATED FARMS GREATER PROBLEM Part of Money Used for Bat tleships Should Be Spent for Home Seekers De clares Speaker SALT LAKE CITY, Oct. 1. "We need less battleships and more money spent to develop homes for the American people," declaied J. It. Case, of Abilene, Kas., before the Na tional Irrigation Congress toJay "This nation needs homes more than It needs fighting floating forts." Mr. Case is vice-pi esident of the Trans MIsslsspli Commercial congress. He said: "The national congress should spend part of the money It Is putting into battleships and make It possible for our farmers to live on irrigated farms as well as they can in King George's dominion. Cheap Land Needed 'The cold fact Is. that no amount of patriotism or sentiment can regu late the movement of population. Men go where they think they can Improve thlr condition, regardless of what orators or newspapers or statesmen may say. The renter class moves ou where land Is cheap The shrewd, business-like farmer figures where he can obtain more acres and make more money. The farmer at fifty or 'sixty rents or sells his farm and moves to town He thinks it is to his ad vantage, but it nearly always reduces his income and increases his ex penses, it is one of the mistakes of a farmer's life when he lets go of a productive farm and thinks he adds to his comfort by living in town. Farmer's Greatest Occupation "Vne farmer and stockman pos sesses the best business occupation in the.nation today. With the largest ciop production in history, with high prices, with the end of the nioneer period and the disappearance of treii iana, ine chance for the farmers sons becomes greater each jear. "When the west prospers, the na tion prospers. It should do this at any cost and do it now. Not less than two members of the president's cabinet should be western men, fa miliar with every condition of west ern land and western need This should be a government of all the na tion, not a government of the east, with the west forever begging for its share of the benefits. This I believe will come, for the west is asserting Its strength. The farmer is to ha.e his innings. He has an Arma-eddnn of his own. and he proposes to battle ior nis ngnts. ILLINOIS SUFFRAGISTS MEET GALESRURG. 111.. Oct. 1. Prac tically every jetton of the state is represented in th0 forty-fourth anmirl convention of the Winds Equal Suf frage association, which opened here today for n session ex ending over two days. One of h features of ibe opening day was the introduction of the women candidates for positions as trustees of the University of Illi nois. Mr,. Alvlra Downey of Clin ton, the president of the association, presides over the sessions of the con vention. AMERICAN WEDS PEER. NEW YORK, Oct. 1. An interna tional love romance somewhat out of the ordinary culminated in thc mar riago todPy of Miss Antoinette Heck sher, daughter of Mr. and Mrs. Aug ust Hecksher of thf city, and the Hon. Oliver Sylvain Ballol Urctt, eld est son and heir of Viscount Escher of England. The weddinj.- took place at Win Coma, the country estate of the bride's parents at Huntington, U I. The bride had Mrs. Urellncoart Martin as matron ot bonor and the only attendant Cyril Stephenson, a countryman of the brldeproom, was best man. TO INSPECT SULPHUR MINES LAKH CHAP.LES, La., Oct. 1. Many hemists of world-wide renown are now ir Louisiana, fresh from their International convention at Washing ton, and will spend tomorrow at the sulphur min:s near this city. These mines produce the sulphur of the United States, and so oxtenslve are the deposits that it Is said the entire world conld be supplied. The exist ence of the sulphur bed was discov ered some twenty years ago, during exploration for oil, hut no successful method of mining It was discovered until ten years ago. The sulphur lies 400 feet underground and is covered by 200 fret of quicksand. Th6 mln ing is how conducted by a patented process, which consists of melting the sulphur underground by forcing superheated steam and hot water into the bed and raisin); the melted sul t.hur to the surface by means of com pressed air. ' After the sulphur cools to-Joff at the snrface ii hardens and is broken up into block3 for shipment. Little Daughter of Mexican Rebel Chief Writes Pathetic Letter To Taft That Papa No Murderer I ii tm mii i te mmwm m mm A m I mi uK ' x . iPi'BBx iilliilnf! liliilliililiili'inl' iiil!ili I x j&za. jftte1 ssfe - iUlllllltll liillliillJllii t fllillltll I II vJdeiJv9tt. " ' V' $&is v l IK m tiii 3BlBWRfefliMBiBRlBBwiB a cv- wm- z -r j Ar:tr u LOS ANGELES, Cal . Oct 1. (Spe-I clal.) Fearful IcEt the fortunes of war loss her, father into the h?nds of tin United States as if ha, her grandfath er, Elena, the pretty seventeen-year-old daughter of General Pascual Oroz co. who is living with her mother, trothijrs and sisters, in temporary exile in Los Anceles has laboriously penned a pathetic letter lo President Taft, m which she begs for her grand father', life and tells the chief execu tive of this nation that her father is a soldier fighting for his country auJ not a murderer The letter was written on the front steps of her home a Twenty-seventh and Grand Avenue Her brother sat beside her Procuring pen and ink and paper the little spnoriu who is a U. S. AIY IN UNDER ARREST Officers Responsible for Searching Hotel in Mexico Taken in Custody by Sheriff Wheeler RACE FEELING ULY DOUGLAS, Oct.. 1. As a result ot the raid on a local hotel Sunday by ImkrlMn f,i(l VlflTlpftn aafrat eorvfi-o mm. nBitoi hv a snuad of necrolsize tomorrow. 129 men were exam troopers of the Nninth U. S. Cavalry, Manuel Cuesta, Mexican consuI at Douglas and Powel Roberts, chief of the Mexican government secret serv ice here, four officers of the United States army were arrested late today. The arrests were made by the county authorities, led iy Sheriff Harry Wheeler, who came here . from tha county seat for the purpose of In vestigating charges made by D. J. Canard fna. proprietor of the Hotel Mexico." There Is general excitement among the Americans and Mexicans here as a result of the raid and sub sequent arrests. Feud Exists The feud between Ibe military anJ civil authorities tegan with tho re quest, some days ago, for the arrest of Joaquin 'Esquiera, supposed rebel leader. The county officials refusel to make the arrest. Sunday nignt secret service agents, accompanied ty a squad of negro soldiers, went to tho Hotel Mexico, where it was reported Esquiera was livlns. Despite the protests ot the proprietor of the ho tel, who demanded a search warrant It Is alleged that the Mexican secrvt agents entered the hotel and searched twenty-three rooms. Charges Assault Esquirea was not found. Ganar dlna, the landlord, charges he was-as-faultcdby a soldier. Hearing: of the '(Continued on Page 2) r bright child, versed In English as well as Spanish, sat down to write. Inside the dwelling a boy and an elderly woman, the little son and thoj mother of General Orozco, lay serious. ly ill. The boy is said to be pining for his father whose playfellow ho was before the war. The ldorly wo man Is broken down under the strain of having a husband and a on In thei field for many months, tfo HI is sne that her daughtcr-ln-Uw fears to tell her of the elder Orozco's arrest by Unittd States troops at the border. Little Elena's letter was penned to the president in Spaniso Tor it Is in her native tongue that she can beSt express herself on paper although sh speaks the English language almo.st fluently 350 Talesmen Are Unable To Qualify In Trial Of Labor Defendants for Murder in Lawrence Troubles on Trial in Salem SALEM. Oct. 1. A venire of 3o0 talesen. drawn as -possible Jurors 'n the trial of Etter, Glovannitt and Ca rusco, on charges of being concerned in the death of Anna Lopizzo last January, was nearly exhausted to-1 night at the close of -the second day of the trial. Judge Quinn Is expect ed to order a new panel of equal ined today, but not one found his way Into the Jury box, so the two Jurx men chosen yesterday have no com panions. Judge Quinn found nearly all the taiesmen nau lor mod an ODlnlon as to the guilt or Innocence of the de fendants, or were so opposed to the death penalty that they declared they could not conscientiously convict a nan of the crime which might result in electrocution. A dozen or more veniremen were passed by the court, but were chal lenged by prosecution or defense. PRESIDENT JORDAN TO RETIRE. STANFORD UNIVERSITY, Oct 1. Says Penrose Lied. David Starr Jordan, president of The Pittsburg man said that It Pen Stanford University will resign in i rose made the first statement, "he 1915 to work for the International lied." As to the other he produced peace congrsss. All announcement to) J. G. Sp'aln ot Pittsburg, who tesU this effect was made on the campu3i fled that ho "thought" he had signed today during the celebration of th rilnn's name to a telegram to Mr, twenty-first birthday of tho university' Archbold on June 7. 1904; that hi Ry a resolution of the board of did not know Flinn handled the tel-' trustees president automatically re-1 cgrams which Archbold attempted to tire at the nge of Co. Jordan was CI last January. CONGRESSMAN KILLED FOSTORIA. Ohio, Oct 1. Con gressman Carl C. Anderson, of this cit' was killed tonight when an au tomobile in which he was riding was "overturned near here. "Dear Mr. President T.ift. " she" wrote. "My papa Is not n murderer. He is a Lrave soldier fighting for his country. Please don't let the Ameri-j cao soldiers g.ve my grandpapa lo. country Mr. JLidero for Mr Madero would shoot him and that would kill poor grandma." The Orozcos have moved four times since coining to l.os Angeles and each time at the advice ot men close to the general. It is said Mrs Orozco lives in daily dread of the federal commanders of the Mexican armies getting possession of her child ten in som.- way She sajs .he ef, Mexico when the federal, threatened tn ut tho (Wro family he.vvnnn tho j firing lines during battl" . IfOuld lav han'' FLINN TELLS DF HIS 00NA1I Evidence Shows He Contrib-I,? utcd SI -11,308 to the Roosevelt Campaign in Pennsylvania OTHER SUMS GIVEN WASHINGTON, Oct. 1. William Fi:nn, of Pittsburg, Col. Roosevelt's leader of tbe progressive national committeemen In Pennsylvania and Elon II. Hooker, of New York, treas urer of tho progressive national cota inlttee, gave the penatq campaign ex penditures committee some inside f facts today about the primarv ev penses of he Roosevelt campaign for tho republican nomination at Chicago. Mr. FItnn answered the charges of Senator Penrose made In August thit Flinn offered, a million to him and Israel W. Durham, in 1904 for the Pennsylvania senatorial appointmeut to sscceed M. S. Quay; that In the samo fight Mr. Flinn exchanged tele grams with John D. Archbold, of tho Standard 01' company, asking hH support. l secure for the Standard Oils In- i Duence In Fllnn's suppo'L Prodded by Senator1' Pomerene, of Ohio, he also demanded the specifica tion where FHnn admitted' having written on agreement in January, 1S96, In which Quay, J. O. Brown and Flinn proposed to divide the federal local patronage in Pennsylvania. Ho declared he had""gold-brlckcU' YAVAPAI COUNTY EXCEEDSPDWER 1 CUTTING TAX Supreme Court Holds Board of Equalization Must Stand by Earlier Levy Reduction UNITED VERDE TO PAY ASSESSMENT High Tribunal Decides When Rate, Fixed OnceItan- not Again MakeAni other Imposition The decision of the Arizona su preme court In the case of the state as appel'anr. nsainst the board of supervisors of Yavapai county, re spondents, was. handed down yestr day in Phoenix. The decision was signed by Chief Justice Alfred Frank lin, and by Associate Justices Henry D. Hoss and P. L. Cunnlngjam. This case has been watched with much iutercst thmughout the stato and Is one of much importance, set tling as it docs, so far as the stato is concerned the powers of county beards or eounllzation. Case One of Appeal. The case In question was the ap peal of he state from the decision of the superior court of Yavapai county In the tax cas" arising over ; the reduction of the United Verde Copper company s assessment by tho Yavapai board of supervisors. It appears that on the third Mon day In June, the assessor of Yava pai coi'cty dulv assessed tho proper ty of tho copper company. On June 20, tho board of county supervisors of Y&fapai county, sitting as a board of equalization, heard the coppr company') argumrnts and reduced the assessment 25 per cut below that figure fixed lv the county assessor. That immediately afterwards the clerk of the county returned this new assessment to the state board of equalization and to the state audi tor, as provided by the lawB of tho state of Arizona. Tax Rate Fixea. Uetween tho 14th and tho 13tli days of August, the Etate board of Tf"zallon nxet , lux rf,e X 3,atc l'urP?es. based on the nb- stracts ,of, thc, " ro Is as "te. 1 to hem by he different i county boa-ds of equalization after their Julv meetings. Among tne as sessment roils wps ihe Yavapai roll, and contained the assessment of the United Verde property On the 19th of August, the board of supervisors of Yavapai county, sit ting as a board of equalization. 13 s -ed an ordf r that all thc producing patented mines belonging to the Unit- ed en e Copp-r company, be reduced I '? J valuation -qual ,o oO per cent of ue ross production of mining c'aimE. 1 Kin Dinht n fTnf 1 uu It was the tonteution of the stat-i iat the loard of supervisors, hav- I ing once granted a reduction in tho copper compan? 3 assessment mat the board had no right to again re duce the assessment after it had been passed upon by the state board and after that board bad made its tax rate for state purposes upon that valuation of all property . The stato contended that the Yavapai board ex hausted its power to make any other jor further order, revoking, changing i or modifying the order of July 20. ThrhcrTT V'! meeting to change the order that t had at the July meeting. Language Interpreted These varying conditions grew out of certain language used In Para graphs 3807. 3SG9 and 'JS70, of the Revised Statutes of 1901, Territory ot Arizona. The paragraphs are quoted in the decision, or at least those parts that are applicable thereto. Thte respondents in the case, thc ' board of supervisors -of Yavapai county, insisted that a mandamus would not lie In the case, but the supreme court decided that the con tention was based on the assumption that the order of tbe board at its Au gust meeting was made with full power to act The court decided that the board had no power In actjfin the case at its August meeting, "and remarked in the decision that "it fol lows as a plain duty that the board of supervisors should have obeyed the July order and caused its clerk to carry on to the assessment roil the valuation as fixed by the board of equalization at its July meeting." Says He Gold-Brlcked Quay. Quay; that he never signed nor in tended to sign an agreement; thzt hs had written it only to dllay Quay's opposition to thc republican candi date for mayor of Pittsburg. Tho investigation brought out that Flinn contributed $141,308.29 to Coi. Roose velt'B republican campaign in Penn ey Ivan la. The records showed George W. Per kins had given J13.000 to New York and $23 300 to the national cam paign; Frank A. Mnnsey ? 15,000 to New York ami $19,000 to the na tional cnmnalgn: D. R. Hanna $25, 060 tc l'ie national campaign. WEATHER PREDICTION. ARIZONA Local rains Wednesday or Thursday Cooler Wednesday in tbe central and southwest port""1"- i ' 5 -W4 r i ''i&'lUfr .-vUi1.3' m,?Xifr , U&-: ill Ti Ti luirmTnwritaaici TirrTrivrrrTtrrri-r-iriaaai JSJ -jJ .. r'liii'iN iinHimtaMt