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m fl VW&fci&xSimAiJrfMk .ca&x-jamss Mn,-&2atm1 fei , r. ... - .-: -gj lEyrjanan. ZXXZ5RGX& I r2h$ iLLLLLLaaav vr V, ! - ' ' : ) l,,TT R i TOMBSTONE EPITAPH rUBUSIIEU EVERY SUNDAY. RECORDS OF COCHISE COUNTY ttrumentt Filed With the Count) Recorder THE RECORDS GIVEN IN BRIEF WARRANTY DIED L Grant uncan to George Haydoo, gt nSimoa property 100 . Frederick R Williams etux to A J Haven, Douglas property 1 DEED John M Johnson et uz to J F Wilmcth, Bisbee property 10 . J F Wilmoth to Cather ine Burr, lime at abova 10 . .. sheriff's deed Harry C Wheeler, sheriff, to Junn II Johnson, Bit bee properly 181 20 CHATTEL MORTGAGE Charles Kling to C h r i a Vukasuvich and John Bogan bogs 125 25 LEASE J C Radovieb to Mare Mariette, Bisbee prop erty SATISFACTION" Or MORTOAQg AriiODa Bank & .Trust Co to Francis J Howell et con j Provident Mutual Build ing & Loan Association to L McCorkle Citizens BanleTrost Co C G LinderstraSrP.'.;,... Ben X Williams to EdnaB Boyd CHATTEL VOKTOAOE Earl Bovd to Norton Mor gan Co., horsea, etc '15 33 WARRANTY DEED Frankie J Howell et suj to Caroline Q a-itt& er, Douglas p'opettt5. 100 . . Parley P Sabio et ax to Joseph H Sabin , land.. 300.. EEALTV MOETGAGE Edna B Boyd to Ben X Williams. land 300.. Caroline Qjecner to Ari zona bank & Trust Co., Douglas properly 1700 .. PATENT U S to Francis H Parker, land........ ' TiUST DEED Cssolice M Farrell et con to Title Insurance & Trust Co, Douglas prop erty 107S .. SATISFACTION or MORTGAGE Provident Mutual Building i Loan Association to Carolina H Farrell et CODJ ATTACHMENT Issued out of tbe jus'ice of the peace court at Doug. las. 8eaman A. Perry vs V A Hensley. To levy on D o u g I as property. Demand 60 10 q c. UXED H L Christiansen et ox to Nicholas Quirk, B i a bee property .. .... 10.. REALTY M0ETQAOI Maria da Jesus Jfolaeeo de Secoodioo Montanez to J o a Kline, Douglas property 264 .. George.L Morpby et ux to Arizona Bank & Trust Co, Douglas property.. 600 .. Joseph Dnmanoicb et ux to Edith t 8f -wn, Doug las praperty 400 .. CONTRACT or SALE Bertie J Besrey aerees to anil to Central Sulphur Spring Valley Fair Asso ciation 40 acres to be creed on in section 3, township 18, range 27.. q. c. DIED Hugh J Bropby to D H 8 rnitb, Bisbee properly 525 .. -M- WAKBANTY DEED Charles Perry to DougUs Lumb r Co, Courtland property 480 PATENT U S to Benjtmin F Bed lord, land DECLARATION OF HOMESTEAD D D Williams claims as homestead land in sec tion 4. township 18, range 21 HE MOKTOAUE Orient Bealty Trading Co to Miners' Jr. Mer chants Bank, B i s b e e property I 5,000 Benjamin F Bedford et ux to P It Haurcn,ind.. 250 CII TTLL U0RTOAGE R L Scott to Tbe Border land Auto Co., one au tomobile 110, Tbe Borderland Automo bile Co. to trie Arizona Banl Trust Co., auto mobiles, etc 2040 X S Zjgg to The Border land Auto Oo., automo bile 295 . SATISFACTION- OF MORTGAGE Mary M Costello executrix to Orient Realty and Trading Co Mary M Costello executrix to Orient Realty and Trading Oo P H Hanigan and W D Pierce DEED C ASberrtoG LSberr.Doug- las prop. . WARRANTY DIED M Melendez to C Holguin, Douglas prop 75 C Holguin to M Me'ender, DougUs prop 75 Douglas lnv Co to It W Byrns. Doug'as prop 1250 T A Roaliog to A J Haven, Douglas prop 10 M V Roberta to W A 8hep. pard, land 1500 . QUIT CLtIM DEED f J T Nicholson to J T Nordan Douglas prop 10 J Herronto J TRoss. min proplCOO PATENT U S to Mascot Cop Co, min prop REALTY MORTGAGE G LSberrtoCA Sherr, Doug las prop 1500 W A Sheppard to T J Jordan land 1000 F 5 Douglas to State Mut B t L Aesn, Douglas prop.. 2400 R W Byrne to State Mut B fc L Assn, Douglas prop.. 750 CHATTEL MORTGAGE R D Micotte to Oliver Typ Co, typewriter 100 G Bowers to Oliver Typ Co, typewriter 100 J X Wallace to Bisl ee Fred & Fuel Co. buggy 63 O McEeo to Bank Lowell, min prop Hamtnack A illiarrs to Nat Cash Reg Co, register .... 50 SATISFACTION OT MORTGAGE O Olson to E Cbarbonnean 41 Cit Bank and Trust Co to J C McEwtn WARRANTY DEED L D Miller et ux to A J Havens, Douglas prop- criy tttM C H Melcber et nx to Emit Cedarlund, Douglas prop erty 10 .. B. E MORTGAGE Tbe Orpbeum Company tbe Bank of Bisbee .... 8500 .. SATISFACTION Or MORTGAGE E W Simonsn to 8 C Mocdy and husband.... The Bank of Bisbee to tbe Orpheum Company .... Mrs O C Boorman to Man eel Y Roberts et ux.... State Mutual Building A Loan Association to H B Reed et ux DECLARATION OF TRUST E J Flanigan dec'ares that beistro'tee for the Bisbee-Naco Water Co .... - , 'J From Monday's Dally. Coustabte.Bright of Co-inland a .id Constable Cates of (Hereon are in the city today on official business. George Hughes is recovering slowly from liia recent ioj'iry to his right eje caused by a louse wire striking tbe pupil, an account of which waa noted in tbeee columns. The acci dent proved a narrow eeeape from losing hie eesighr, but the hope is entertained for a ricoery from the injury if no complicate rs set in. Melvin Swain was able to be about town today alter being confined to bis room for the past week with a bad case of Iagrippe bordering on pneu monia One of the heaviest rains bad in bis section for many seasons oc curred yeeterda afternoon and even icg. Dense clouds brought on a doanpour lor an hour or more and in the va ley and also along the river as far as Benson at tin.es apeared to be a cloudburst. A peculiarity o! the rain was the fact that just preceeding same, a heavy hail fell for a few moments Mrs Mry Daley and daughter, re turned to ber home at Eureka, Cal. after an enjoyable visit with her parents, Mr and Mrs James Mcllugh and Tombstone friends. Twenty jurors subpocned under special eoire arrive today for du'y. The Cunningham Costello care occu pied tbe attention of the court today and the special venire was excused until tomorrow 9 a m. Paul Smith left yesterday for Proe nix to attend the Dunooraic State Committee meeting, Paul being one of the Cochise delegates. Judge D W McFxrlacd returned hotue today, much improved from another operation on bis eye, which is pleasing news to his numerous Tombstone friends. Rev Father Marx ol the Catholic church left yesterday for ButTalo, X Y. on a three week's r sit. Wra. Neel, the popular Sulphur j Spring valley cattleman is in the city on court bjsmess. Cochise Misses for Queen of Arizona Not to be outdone by the other counties of Arizona which already Have a number of c nteetants entered in the race for Queen of Arizona, Co chise county yesterday eent to the ot 6ce of Secretary Wosd of the Fair Commission tbe nominations of six young ladies Those nominated from Cochise and having an initial vote of 1,000 as a starter are Miss Josephine McFberson Tombstone; Miss Aleen Smith, Doug as; Miss Nellie Beddnw, Warren; Mist Neva Downey, Lowell; Miss Olive Kr.'gbaum, Bisbee, and Mies Mary Kelioe, liisbee. Chink Makes a Record-Breaking Walk A Chinese who was brought before James Dunseath, United States com missioner at Tucson Friday, said that he bad wa ked from Los Angeles to Fairbank in 15 days. It was too big a story for Mr Dunseath to swallow all at once and be ordered the alien deported at the first.'opportunity. The Chinese was captured at Fair bank several days ago by Iospector Sensner and was brought to Tucson recently. He Slid that ho had registered at Los Angeles about 30 years ago, but that he hd lost bis certificate on his record breaking walk. He gave incidents of the journey, but said tba he arrived in Fairbank In fine condition and did not even have sore feet. Indian Heavyweight Returns to Arizona Jnmbo Middleskv. tbe 385-nound Yuma Indian wonder and heavy weight has returned to Yuma. He left Yuma two years sgo to wrestle with tbe strong meu of the East and the old world, an I Las never met defeat, although be bas not always defeated tue other fellow. Wbile in tbe east. Jumbo's head quarters were in New York, whe-e he received considerable newspaper no toriety. Across the water his head quarters were in London, where tbe newspapers gave, bim considerable space. .,. E -jAul ' 3 From Wednesday's Dally Mrs Clia- P.tiodoxter and daughter have returned from Los Angeles. A R English and son Bryan, re turned yesterday from Bisbee where the) have been for the past ten days Mr. Ramon Abril arrived yester day frm Bisbte on a few days visit with re'a ives and friends. It is stated that two hoboes, who were riding the freight nhtn the S P. wreck occurred at Kim a few days ago were buried under the wreckage of sugar, salt and oil. Mrs. M Doyle of BUbee, a sister of Mrs J. S. Williams, Jr. of Nacotari. is in a precarious condition as a result of an operation which she underwent last week at the Copper Queen hos pital in Bisbee. Mr. Doyle has many friends in Tombstone, who hope for her early recoverv, D B. Hutchlns, deputy county school superintendent, returned to bis headquarters in Tombstone yesterday alternoon, folloaing a short stay at DougUs. His sister who is en route to ber home in Missi sippi. arrived in the county se&t to spend a day or two before proceeding. Judge Cabell of Courtland is in the city on court business. J N Gaines, F, R F.ach, A Went worth r.rid A C Karger returned this moruicg from a trip to Bitbee, hicb was made via Flarh's auto. Nearly all the witnesses and court attendants in tne Cunningnam-Cs-tello case b-ve returned to their re spective homes Sherirl Wheeler and UnderrberiS Welsh returned today from Douglas, where they were on official business connected with the office. More Laborers for Huachuca vVaterLine Tw- nty five more laborers wre sent out Wednesday from Tucson to Gar den Canyon, near Fort Huachuca by V S. Griffith, who has the fSO.OOO contract for the construction of a pipe line eight miles down the can) on for fur the purpose Of furnishing the army post with water. The eight months' task is now ex pected to be completed in about thirty days. Maricopa County Has a Rakeoff Maricopa couutj's share of tbe pro ceed of the Barnum & Bailey show at Phoenix was $200, so that the receipts of the show mutt have been about $1 -000 for the two performances, exclu sive of the receipts for the concessions, in which the county has no look-in. The afternoon attendance, the man agement said, was the heaviest the show has had for the sesfon, with tbe exception of that at one afternoon perfcrmance at Los Angeles. Former Cochisite Meets Untimely Death William E Swan, better known throughout Arizona as ' Billy" a for mer resident ot Cochise county, was shot and fatally wounded on tbe nleh' of Tuesday September 21, by Charles W Frickey in a Denver saloon. According to a printed state ment Swan bad done nothing to merit his death , sve to refuse to sell the already intoxicated man anything m&re to drink. Swan died at noon on tbe following day. Billy Swan was known to practi cally evry old-timer in Arizona, bav ing been employed at bartender in most of the older towns daring bis long residence in tbe territory. Shipment of Arms And Ammunition A shipment of fifty cases of Win chester rifles of tbe rncdel of 1S96 and 100 cases of "thirty thirty" high power cartridges waa received by Wells Fargo &. Co express at Douglas Sunday afternoon, and delivered Monday afternoon to Mexican Consul Cuesta. Tbe arms are presumably for use in equipping mora volunteers for tbe service of tbe state of Sooora. -:' -1 iim.iuTDtnWJUWMkl,'.. "- ltl,,Mr - .v- - r l. - .i from Tuesday's Daily Tombstone was a dry own today during the city primary election, nothing but soft diints being avail able to the thirsty. II KS reet, general manager of the Boquillas Co, was a Tombstone visi tor locay on court business. Vis Catherine Ooodbody returned to Los Angeles today to resume ber studies at St Marj's Academy. Beginning tnigh the regular cur few mil ling at 8 p m instead of 9 o'clock as hotetofore, being the au tumn change as per city ordinance. The Tombstone youth will take beed accordingly. Mr A WMcLaurineof Tucson was in our town on Saturday, Making a tour through the southern couutiee, booetiog the Second Annual Fair to be held at Tucson on tbe 17, 18, and 19 of October. Tbe Fair is intended for all southern counties. Tbe Fair is very anxious for any and all entries of stock or exhibits. Information de' sired will be gladly 'urnished by Mr John F Meyers, Secretary of Fair, Tucson, Arizona. Great preparations have been made to bccomrdate visi tors. There will he many big amuse ments, attractions etc. Mr Mc Laurine guarantees that the Fair will be a genuine, gocd, clean, up-to-date Fairiu every way. Railroads are giving special rates, so don't miss this opportunity for a good time Deputy Assessor H S Ross and Dep uty Treasurer Frank Demarest return ed from a week's trip to various points in the northern part of tbe coucty on a tax collecting tour. A number ol personal property tax seiz ures were levied and collections made Some7l0 in taxes were collected on the trip. Court Cases Filed SCPERIOK COUBT Suit No. 190. James M Daniel vs Eleie G S Daniel, for Divorce. Suit No CODS. C L Cummings and L E Woolery, Dd, Frank Payala, ex ecutor, Cr, judg for .f 1723 98. SCPERIOK COURT Judgment in suit No. 57. John P Ji.hnson Dr, Bar Boot Cattle Co Cr Title quieted in Johnson to land, 'ence and cabin and costs 27.90. Judgment in suit No. 118. Tbos Saundercick etux l)r, Edward Branch executor Cr. Judgment for costs, 3 75. Suit No. 191 filed. State ex rel Hicks, tax collector, vs John Lopo z'cb and Bertha and Lepori. Suit to recover hack taxes amounting to $110 30 ou lot 17, block 55. lot 32 block 82. and lot 28 block: 71, Doug las. Notice of constable's sale. Tom Gorgevich va H'm Penn and Arizona Development Co. Sle October 8, 1912, in front of offic of M.O. High, justice cf tbe peace, Bisbee, of two horsos, spring wagon and set of double harness. Suit 192. Ida Kline.vs Wm Kline action for divcrce and division of pnperty. Est A D de Hansen; order htters admrn to P Hansen, Est Lila ICirkpatrick; M G Kirk patrick appoinded guardian. Arizona's Exhibit For Canada Five tons o! exhibits from Yavapai, two tons from Cochise, and about one on from Navajo have started on the Inng journey tn Leihhndge. Alberta, Canada, there to show at the Sev enth International Dry Farming Congress what Arizona can do upon her alleged desert lands in the way of agriculture. The labor of getting the exhibits together was great. Secre tary Fraser has been as busy as a prai rie dog on a dry farm for the past two weeks, getting tbe exhibits together and packing same. Many exhibits of a per;ebable nature were forwarded by express, to be held in cold storage. Tbe counties of Cochise, Navajo and Ykvapai subscribed money toward de fraying the expense account of tbe enterprise, and tbe Sonlbern Pacific and Santa Fe railroads graciously vol- on lee red to pull the car over tbeir lines without charge, tbe Canadian Pacific being the only road exaotiog any toll. Wells Fargo company also made very liberal rates. The exhibits will be returned tbe entire distance i free of charge. f - Grind of Justice in The Superior Court MONDAY In court tins morning tbe special venire of 20 trial jurors appeared and aner-d roll call. The jurors wer excused u-tii 9am torn rrow as the Cuuningham-Costello case waa yet before tbe court. Tbe following is the jury 'ist: SPECIAL rtKIKK A O Butler O G Lang Otto C Fleck W H Richey Frank Block Henry Etz Cbas Allen Jas Hopkins Frank Starr W P Calvert C E Johlin Jacob Scheerer W A Goldina W J Hicks Milton Fairlee James Deck Y T Yomaclc E E Powels U A Johnson Frank Hunter The Cunningham Costello rase brought out a large attendance in court today to ler the arguments in tbe case. Tbe morning session was taken up in the opening arguments of Attorney George Neale for tbe plaintitT and At torney Ben Goodrich for the defend, ant. Both were able presentations of their sides, each showing at once a full familiarly with the record and made logical appeals to the jurj. This afternoon Attorneys Ross and Scott will address the jury for the defend ants and Attorney Ives will cloae for the plaintiff. It is expected a night session will be necessary tn close tbe caso, otherwise) will be concluded to morrow morning. TUESDAY This morning a verdict was reached by the jury in the famous case of Cunningham vs. Co'tello, bringing in a verdict favoring the Cunningham contentions. Tbe verdict was an ad vieory one embracing twenty-two questions, acd each answerwas signed by all jurors, bus four answers being signed by eleven of the jurors. Immediately after the verdict At torney Ives for the plaintiff filed a motion for judgment of tho court in accordance with the verdic. Attor ney J. M Ros for the defendants filed a motion frr judgment for tbe defendants on legal points. Judge Smith decided that tbe plaintiff have until November let to file brief on tbe motion, tbe defendants to have until Decern! er 1st to file answer ond the plaintilfs uutil January 1st ftr final answer, whereupon Judg' Smith will set a time for rendering hi decision and heariog further arguments, pre sumably early in January. The details of the comilaint are familiar to our readers, the same in volving $565,000. The case was stub bornly contested, eleven noted attor neys appearing on loth sides, over forty witnesses examined and eight days consumed in tbe trial. Attorneys George Neale. E. S. Ives and Roy Morfoot handled the case for tbe plaintiffs and made an able fight for tbelr clients. The following is the verdict: Questi jns by plaintiff's attorneys. 1 Did Patrick Cunningham at the time of bis death own a half interest in the Irish Mag; Geo'ge Washington, Old Republic anJ Angel claims? Yes. 2 Did Patrick Cunningham at tbe time of his death own a half interest in tbe Delfloworjaod Smuggler claims? Yes. 3 Did Patrick Cunningham at the time ol his death own a half interest in tbe Roy and Leo claims? Yes 4 Did Patrick Cunningham at the time of bis deathown a half interest in tbe Supplement claim? Yes. 5 Did Patrickj Cunningham at the time of bis death own a hal' interest in the Buckeye claim Yes. 6 Did Tatrick Cunningham at the limeof bis death own a halt u'erest in the llattie Manchester? 7 Did Martin Ccstello make rep resentation which were false as al leged in the reply to Julia Cunning ham with respect to Patrick Cunning ham's title to tbe Irish Mag, George Washington, Old Republic, Angel, Bollflower, Smuggler, Roy, Leo, Sup pliment, Buckeye and Hattie Man chester? Yes. 8 If you find that Martin Cos tello did make such false representa tions, did Julia Cunningham believe and rely upon such false representa tions when she signed tbe receipts? Yes. 9 Did Martin Costello exercise any undue influence upon Julia Cunning bam to induce ber to sign the receipts, exhibits 23 and 24, and in signing the same waa Julia Cunningham undu'y v .- inftueuced by Martin Costello? Ves. 10 Did Martin Coitello agree to py to James Reillr 30 per cent of tbe eleven claims mentioned in the com plaint and named Wagner, Hope, Pride, Senator. Senator No. 2, Gibral tar. Buckeje, Irish M g. George Washington, Old Republic and Angel? Yes. 11 Did Martin Costello make any agreement with James Reilly for his services with respect to any of tbe claims mentioned in the complaint? Yes. 12 Did Martin Ccstelb during bis lifetime repudiate or deny that Pat rick Cunningham or his heirs owned a half interest in the claims mention ed on tbe complaint or the proceeds of the sale thereof? No. QUESTIONS BY Tit FEND iXT'S ATTORNEYS 1 Did Cunninirhan pay any part of the purchase price of tbe Angel, Old Republic, or Irish Mag or George Washington mining claims? No. 2 Did Cunningham pay any part of tbe purchase price of tbe Belflower and Smogler claims? Yes 3 Did Cunningham deed tbe Hattie Manchester to Costello under an agreement that he should have a one half interest? Yes. 4 Did Cunningham deed tbe Hattie Manchester to Lostello under an agreement that be should have a half interest in the proceeds of the sale thereof? Yes. 5 When Cunningham conveyed to Costello one half interest in the Sen ator, Senator No 2, Hope, Wagner, Pride and Giheralta, vas it by reason of an agreement between him and Costello that Costello should pa'ent and sell the claims, and account to Cunningham for one half of the net proceeds? Yes. G Did Julia Cunningham have an opportunity to read the statement of account furnished by Judgd Reilly, and designated as De endant's exhibit No 33 before she signed th? two re ceipts designated as Defer dant's ex hibit No 23 and 24? Yes. 7 When Julia Cunningham, in May 1902, received final payment from Martin Costello of tbe amounts specified iu the two receipts admitted in evidence as Defendant's exhibit Nos23 21, did she know that Martin Costello had before that time received tbe sura of ?500,000, being the pjr chase price of the Irish Msp, Old Republic, George Washington, Angel, Pride, Hope Wagner, Senator, Sena cor No 2, Bucieye and Gibralta? Yes. S Wbon Julia Cunningham in dividually and as administratrix and guardian, signed tbe receipts men tioned on the foreg-ing interrogatory No 7, did she know Martin Costello had, before that time, received 80 per cent of the sale Jprice ot the mining claims mentioned in 'he Eaid inter ropatorj? No. 9 Was the sum o! $36,39G agreed to be paid by Martin Costello to Judge Reilly, out of the Cunningham share of the proceeds of the sale of tbe Hope, Wagner, Pride, Senator, Senator No 2 and Gilbralta mining claims, with the knowledge of Mrs Cunningham? No. 10 Did Martin Costello agree to pay Judge Reilly 30 per cent of tbe nt proceeds of the sale of tbe Buck eye, Irish Mag, Old Republic, George Washington. A ngel, Hope, Pride, Wagner, Senator, Senator No 2 and Gibralta mining claims? Yes. Official Returns Of the Electors Jones 2273 Webb 1874 Hampton 1823 Babbitt 1762 Tovrea 1324 Cassidy 1275 O'Connor 1247 The final official returns of the pres idential electors vole resulted in tho nomination by the democrats ofJWiley E. Jones, W.T.Webb and John R. Hamilton, Up until the last minute the election of Hampton was in doubt but the final count gives the Chiton mau a majority of til cvar bis nearcs opponent, George Babbitt, The result of tbe Congressional pri mary was to nominate Carl Hayden by a vote ot 3f.Il. This easily iosur es the electiou of Mr Hayden to tbe House tbis tall. The Bnll Moose candidate, Robert L. Fisber received 1CS0 votes and tbe republican candi- date 1040 votes. Three Mexicans, Guadeloupe Cam pos, Jose Hernandez and Enrique Mnreles, were fcund murdered on tbe Petachachi ranch, forty miles south and east of Douglas. Their friends believe they were murdereJ by the rebels. ' - i. . .-