Arizona weekly miner. [volume], February 13, 1874, Image 4

About Arizona weekly miner. [volume] (Prescott, Ariz.) 1874-1877

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WEEKLY ARIZONA MINER: PEESOOTT, FEBRUARY 13, 1874.
Opinion of tho Supromo Court
in a Yavapai County Mining
Case.
Tho Arizona (Tucson) Citizen, of January
31, publisher thu following:
Ttih is nil action In the nature or ejectment
tirou.'bt in tlio third district tiy lhivU -mil llusli
airlnt l-itin iil Kreucli lor tlie iOasceltii of .t
liilniuir claim. Tins mlict ntilcli wj hi l.tvor of
tlie )lnliitllls, wus set osltlu by oritur or tlie court
it n-ttiui tho evidence, uiul llm npwil U to ills
iitHrin lti.it order. Tbu state incut Included In ttiu
tr.ui'i rifjt ol tlie record, discloses thefollonln
cuuclusiou ol lad: 111 the fall oi 1170 utid4tl
1SJI, tbw Tlj;ur Mining Coiap.iuy, consisting of
K. J. Cook, Washington Krctitli, A. 11. SiiiIUj, 11.
U. Curry mid L). U. Morel-mil, im formed lor tlio
piirtK)M of t)rotH.ftluK ami Incitlnir mlultiL'
cUimi In tlio
uratiaiMW iiiouutAius, In tlie county
of Varapal. On the 10th day of January, 1171,
U. t,. Morelanu, assisted by U. A. Hammond, lo.
cited VXO feet Including the discovery location
on tho Tiger mine, and ou behalf of this company,
til tho same time, Morclaud at tbc InsUiuco ol'
French located 200 feel north of and adjolulug
tbu locatlou af tho company, for Wni. A. Llun,
ono of tho defendants, and ibis It tho claim con
tested In the present case. At the time of loca
tion, thu boundaries were measured by stepping
and a monument Vat erected en tho north cud
and tbc claim was called tho north extension of
the Tiger mine. At the same time, a notice was
placed on said monument, claiming thu same and
signed Win. A. Llun. On the 27th of January,
1171, Freucli caused a description of this claim,
to Iks recorded In theolllcu of the county recorder
of Yavapai county ; and ou tbo '-M of February,
1171, next following this record, a description
with the certificate ol record upon It, was pucud
on tbc monument with the original notice.
Tbc transcript of tbo record of tbla caai shows
that at the time of the location, It wm not in
cluded within any organized mining district, and
that the location and record of It wm made in
accordance with the custom and practice prevail
lng In that vicinity, among miners at the lime; It
also shows that afterwards, on tb 4th or Febru
ary, 1571, a mining district was-organized there, a
system of rules adopted, and a recorder elected
or appointed; It shows that It was not at any
time tbc custom of that district to record with
tbo district mining recorder locations made and
recorded with the county recorder previous to
tba election or appointment of the mining re
corder. The transcript also shows that work was
done on the claim on behalf of Llun from about
the 15th of February, 1371, till the plalntluV en
try and ouster, which" was on the 20th of June,
1371, and that aa early aa February 3, of that year,
Thomas Maxwell was at work there for Linn.
Tbu transcript farther shows that on the 11th of
February, 1871, Mary E. Sawyer entered npon the
claim lu contest, taw where some work bad been
done, removed from the monument Linn's no
tices) arid substituted ono of her own; that she
worked on the claim one or two days, doing as
much work as a woman could do, which one of
the plalatltfV witnesses thought was a joke; and on
the 13ih ol June, the same year, conveyed all her
interest to the plaintiffs In this case; also that be
fore the plain tills purchased tbe claim of Mary E.
tUwyer, they had examined Linn's description of
It among the records of the county, and bad vis
ited and examined tho claim Itself, where they
saw that considerable work bad been done upon
It, which they understood had been done by those
representing the Linn claim; that afterwards,
about tbe 20th of Jane, 1171, tho plalutUls put
two men to work on tbe claim ; that tbe day af
ter, Stewart and Maxwell came npon the claim,
and Stewart, claiming to be agent or partner ol
Linn, forbade tho plaintiffs' men from working
any longer on this claim; and tbat on June 2J,
1171, Linn came upon tbo ground, evicted the
plalntUIs and has retained ponsessioD ever since ;
also that In January and February, 1371, W. A.
Linn, tbe defendant, resided in Nevada, and that
be did not return to Arizona till the month of
June of tbo same year, just previously to his al
leged eviction of the JplalntilEi ; also that at tbe
organization of the Tiger- mining district, the
rules and regulations required that all claims lo
cated therein shonld bo recorded with tbe district
recorder wltiin thirty daya after the location, and
five daya' work be done on the same within six
months, commencing within thirty daya alter tbe
location.
No regular assignment of errors appear In the
case, and tbo points of law presented for the dis
affirmance of the order appealed from, appear
only en tbe brief of appellants' counsel, as fol
lows: 1. The verdict or the Jury was In accordanco
with tbe law and the evidence, and tbe court erred
In setting aside the verdict and cranttn? a new
trial. It 1 the province of the Jury to weigh tho
evidence and tbe court will not disturb tbe ver
dict wben the evidence U not conflicting. 2, Tbe
court erred In allowing Linn to give evidence to
counteract bis deed to French. X A mlnlnsr
claim Is an interest in land within tbo meaning of
ue suioics oi iranas. -t. Uno person cannot lo
cate a mining claim for another except in connec
tion with himself, without authority In writing
from tho person for whom he locates. 5. Tbc
location of a minlnz claim Is not valid unless
made In accordance with the law of tbo United
States, the laws of this Territory, and tbc rule
ana customs oi tne mining district whore tbe
came Is situated. C. One having already located
under tho laws of tho United States, approved
July, ISO'S, the amount of mining ground allowed
to bo located "by such law, another location made
by him in the name of another person with the
intent to have tbo after location inure to hi ben
efit, is void as made in fraud and evasion of said
law of the United State. 7. Tbe court erred in
charging the Jury that tbe law constitutes tbe dis
coverer or a mine tbe agent for whom be chances
to act, and makes bis act tbelr act regardless of
tbc fact whether they havo any knowledge or it
or not. Such further reference will be made to
tbc facts in this case as may bo found necessary
to Illustrate the foregoing points, In the progress
of their discussion.
The first point taken, viz : Tbe verdict of tbe
jury was in accordance with tbe law and tbe evi
dence and thu court erred in seUing aside tbe
verdict and granting a new trlaL it is tbe prov
ince of tbe Jury to weigh tbe evidence and tbo
court will not disturb tbelr verdict, when tbe tes
timony is conflicting. Tbe first of tbe Jegal prop
ositions presented is a statement of the afllrina
tlvc branch of theissue and can only be answered
by an examination ol the whole case: tho second
of these propositions Is perhaps more frequently
repeated than almost any other and, wben taken
In all-its generality, is fraught wltli error. Ills
true only or that portion of every case which In
tervenes between tbe submission by tbo court of
alT the evidence-to tbe Jury, jukI the, completion
or lu verdict. The evidence Is subjected to tba
cognition of parties, witnesses, counsel and conn
before it goes to tbe jury at all. Homo power, be
side tbe jury, must decide tbe competency, rele
vancy and uncxceptlouablencss of every portion
of tbe evidence before It can enter tbo Jury box.
And on tbe rendition or tbe verdict, tbe party liti
gant to whom It Is adverse, has tbe Indcfeasable
right to bare it compared with tbo evidence, by
the court, as the final test of Its validity. Tho
statement of tbo transcript or the present case
shows an obvious preponderance or the testi
mony against tbo verdict, and tbl point must
therefore be and Is overruled.
Tho second point is: That tbo court erred in
allowing Linn to contradict his deed. And this
would certainly be a grave error or law, bad It
any foundation in tbo facts of tbe present case.
Tbe evidence, however, which Linn was allowed
to give, and which was excepted to at tbo time,
appears to be no contradiction or bis deed. Tho
specific portion of tbe testimony which is a.
lered to contradict tbo deed, was not pointed out.
Indeed it was discussed rather as an abstract
proposition of law, as which it is certainly un
deniable, net, however, without 1U well establish
ed limitation. It docs appear tbat Llun, In
the course of bis examination, was asked, "for
what purpose did you execute the deed In rju Ba
llon 1" and tlis answer was oblcctud tniivthe
plaiulltfs on the ground that Llun being one or
the defendants could not give evidence to contra
dict bis own deed. Llun answered said question
under objeatlou as follows; "1 exnccttd to re.
scire (rom French all tbe money he received for
tbe claim. 1 relied on my previous kuowledge of
sum iuji ue would act lairly with me. II he did
not, 1 was the looser, French, too, on bis exam I
nation as a witness asvsr "1 exnet-ted to nav
IJnn all should pel fur I) in claim." l.lnn on
bU examination also mid, "I now owe French
abcut tl.OU). Most or this indebtedness has been
made since ray return from Nevada." Tula seems
to be alt the erldanco ol Linn's purpose In mak
ing tbe deed. Or the relations of the defendants,
J-'nn says : "French and I came to Arizona in
lew. There bid been a partnership Nitwres o
In Montana in IfcrJo, and it bas. always continued
so. In tbe spring ol 1UC9, 1 went lo White Fine,
F rncb furnLhlng me means to go with, 1 told
bUa ou liai.ng that il I fo and anything at White
l'lur, I would locate lor him, and If ho found any.
tliluj; here, hu should give wc a show. On or
about Juno 21, IST1, 1 returned to l'ruscott. I
staid four daye and then went to Iindihuw. On
tbu morning of Juno i, 1871, 1 arrived at lTiid
tliiw." On croti examlu.itlou IJnn s.iys: "I Imve
never been cupped In any business In partner
aliln with Krcticli. 1 uorer owned n mining cLilm
lit coiiiinktiy with hint. What 1 mum by a mutual
IMttimrMilp In that when ono 1 broke and the
other is not, tlie one who h.u money share with
the other. French doc not uow own any portion of
tbo property lit question, lie hold one-half ol
the ground iw security for what I owe him."
Krench on IIUa subject snys: "In the spring of
lj'J, Ltnn wtnt rrom l're:ott to White l'lne. It
w.u understood between us that I was to be Inter
ested In nothing he lound, mid if I found any.
tiling here, 1 would give him a show ; or If I
could get lilru. a situation here I would dolt."
Thu ntmwtwul ol' the transcript also contains
copies oi vvfo letters, nieo a copy oi deed aim
power of attorney from Llun to French. Tbo
urat ol those letter Is dated Prescott. A. T.. Jan.
uary Ui, 1171, and Is addressed by French to Linn,
at (told LIlll, Nevada, and states that French bud
located u claim lor Linn ami promUed to send
Iiliu some ore. ruiuliUs objected to this letter
and the objection was overruled. Tho second of
these letters Is between tho satnu turtles and Ifoin
atxl. to the samu place, dated January '7, 1171.
The letter seems to have contained a blank deed
audi it also appears that Llun executed and re
tor neu tuo deed and a power or attorney wun
little If any delay. On tbe 27th or June. French
executed bis deed to Llun for one undivided
half or the property. Tbe consideration or the
whole of said property Irora Linn to French be
ing 1 1,000, and tbc consideration of one-hair
deeded back by French to Linn lielng f.VJ. A
witness uauied Tborno was called by tho plain
tills and oncred to prove that si the time Store
laud located the gronnd for Linn, ho located two
claims for witness and Cassidy, with thu under
standing that Thome and Cassldy were to deed
one-half of said location to tbe Tiger Company,
or which Morcland was a member, without fur
ther consideration ; and agreeable to said under
standing, did deed one half or said ground to tbe
Tiger Company. This evidence was ottered to
show tbat a similar uudcrsundlng existed at the
time with Linn. Objected to and the objection
was snsulued and the plaint Ills excepted.
From the evidence or Thorno thus stated, the
court Is asked to find fraud In the location of the
claim of Linn by More-land and French. Tbe
credibility of this statement Is seriously Impaired
by tbe fact that the man Thorno who makes it
was himself parttcrpti fr audit by bis own con
fession ; bat even if true, it docs not tend to show
fraud in Linn, and It was rightly rejected. Linn
seems to bavo done alt In bis power diligently to
assert bis own rlgbt and perfect his claim. True,
be seems to bavo been cblerly employed defending
hlmtcll since the Institution of this suit. On July
11, 1172, Linn, however, appears to have dono it
like a man who believed himself right and labor
ing to defend bis own property. After tbe most
careful consideration, neither contradiction of
the deed from Linn to Freucb nor fraudulent In
tent In tbe defendauu, Is discovered In this tes
timony. It Is true in law tbat a deed cannot be
directly contradicted by parol testimony. It
Is always susceptible of the fullest oral expla
nation for the prevention of fraud and tbe
consummation of Justice. It frequently bap
pens that tbo real or wbolo intention
is not mentioned or described In a deed
and it mast bo shown by other testimony if
ever called in question. What possible contra
diction or evidence appeared in Linn's deed, which
mentions tbe consideration of flOOO Is there In the
fact tba: Linn owed French money at the time ;
desired and thus enabled French to sell tbc.
property, expected French to pay hltn the'
purchase money or credit him with It ; or in tbe
fact tbat French expected to do all this as be says
be did In good faith 7 These facU and Intentions
may ail stand on a solid foundation of truth to
gether. Tbe power of attorney Is no contradic
tion of tbc deed or anything else. It was another
familiar way of enabling French to sell tbe prop
erty for Linn's benefit. It proves tbc real intcn
tcntion of tbo deed and not in contradiction of lu
So too tbe deed from French to Linn for only an
undivided half or tbe property, Is evidence or tbe
defeasible character of Linn's deed to .French and
may be remote evidence orl-lnn's'lndebtedncM to
VrcncU for wttlch tbc other halt remaining In him
Is alleged to be a collateral security. If French
shall deny tbat Linn's deed was bnt a defeasible
deed, or Linn deny tbat be owes tho debt lor
which French retained tbe undivided Interest of
ball the claim as a security, then tbc fraud will
perhaps begin to havo existence. At present,
none Is apparent. With these conclusions the
highest Judicial authorities folly accord. A care
ful examination of tbe case discloses no evasion,
duplicity, concealment, falsehood or false pretense
on tbelr part, wblch constitute the unfailing index
of fraud. No one claims to bavo been injured by
them or either of tbem; not M. E. Sawyer,
who entered on Linn's claim February 11th,
1871, removed bis notices and attempted to
usurp bis claim; not tbe plalntltl's who have
knowingly taken bcr place and commenced this
suit. Tbe second point of the appellanu must
therefore bo overruled.
Tbe third point is that a mining claim Is an in
terest In land, within the meaning of tbo. statute
of fraud. This point is certainly true as an ab
stract legal proposition. There is no element of
the present caso which brings It within the stat
ute of frauds. It Is not shown nor doesr it aoocar
bow tbc statute of frauds can apply to any person
or thing iu tbe present case. Tbe third point is
overruled as Inapplicable to tbe case.
Tbe fourth point Is '"one person cannot locate a
mining claim for another except lu connection
wun mmseir, wunont authority In writing rrom
tbe person for whom be locates." Since tbe
United States first permanently occupied Califor
nia In Jnly, 1145, there baa arisen a system of
raining law on our Pacific slope whose peculiar
Jirlnciplcs, obligations, and relations, courts or
usticc cannot disregard without tbe most flagrant
njustlce. Like all other codes which have at
tempted a permanent existence, this code has bevn
tbe otlspring of stern necessity. This system, too
has reared a class ol men peculiar in tbelr charac
ter and relations. One of these is tbc prospector.
who, wltb remarkablo daring and sagacity, alone
or with a small attendance, penetrates everywhere
in search of tbe precious meuls, Great as are bis
natural resources, be would be powerless but lor
tbo necessary aid furnished him by others, more
or Jess remote, who are to .share with, him In the
rcsulu of bis explorations. Tbo compacts by
which these things are done in many, perhaps in
most instances, nro iosna,wiiooai any wrilu n as
surance by men who know and trust each other's
nnwrltteu faith. But for these simple, formless
methods, our mineral wealth would have been far
leas developed than, it Is. Destroy these methods
and our mineral system aiut lose much of its
progressive power. Tbe present case belongs to
mi system, ana it cannot oe determined without
mora or less reference to lu rules and obligations.
At the time of tbe location of tbe claim In contro
versy, It was not Included in any mining district
of lu own, nor was it subject to the law of any
other. The common law of miners above refer
red to, was reoognlzcd by those Concerned In tbe
claim ; bnt beyond that they wero bound by no
law except the act of Cougress or July !, 18G0.
All these laws appear to have been compiled with
ny defendant. 1 hi suit, uowevcr. stopped them
before tbeir patent could be secured. Tho testi
mony snow mat rrencn uau J.imrs autnority to
locate this claim for him and that Linn after
wards ratified bis ncU by taking and holding tbe
property. It enabled Linn to bold the property
against every claimant ,but tbe United State.
Even If Lino bad no right, Mary E. Sawyer could
not by any legal rlgbt enter on bis property and
carry ou his notices. This point is therefore over
ruled. The sixth point Is: "That tho location of a min
im: claim Is not valid unless made In accordance
with tho laws of tbc United States, tbc lawe of
the Territory and the rule and customs of tbe
mining district w here tbo claim Is situated." This
inluo was not lu an organized mining district. Iu
tbc location, as far as it progressed before the
suit suspended It, all uias done from wbst appears,
In accordance wltb tbe laws of tlio United Slate,
the laws of the Ter'itory and tbe local customs
so utr as Known. I be notices put on the proper
ty In bohatrol Llun wero sufficient to Inform the
whole community who claimed the location In
coutrovcry. Hoth Mary E. Sawyer and tbe plain
tills, as the testimony snows, were fully Informed
or Linn's claim. During the brier period or the
. .1.1... 111. I . . .7 .1 .
iwiiuuiu occupancy, it appears tuey naoptea
I. Inn's inonumrnu. and Linn' mark and mca.
ureinciiu thereby acknowledging their sufficiency,
' wvi-uiiam j un ur.uii or uns sno ny t.inn Him
self appear to bavo been all that thelsw rcoutred
In an unsettled and troubled Indian country.
This point Is therefore overruled.
The seventh and last of tbo appellants polnu
Is; "One having already located under tho laws
of tbo United Mtates, approved Jnly 20, 1SOJ, tbo
aiuuunv ui uiiuiug ground anowed to no located by
u h laws, another locatlou made by blta In the
name of another person with the Intent to have
tho said claim alter location Inure to his benefit,
Is void as made In fraud and evasion of the said
law ol tbo United Slates." There Is no cvldcucu
tbat tho claim lu contest lu this ease ws intended
lo Inure to tho benefit of anyone but Llun In
whose favor It was located by French. This point
lias been disposed of as far as ibo court has power
to do so, under u loriuer one. ,
The following is tbu Judgment lu the case:
" Tbe Judge of the district court of the third Judi
cial district was right In etting aiMo tbe verdict I
lu this case, and ordering a new trial, ami ins or
der mint therefore be alurinvd."
PIMA COUNTY.
E. N. FISJl & Co.
I)flrr lu Inform lh poblU) through tl inwllura f the
Ml.Ntll, that Uielr rxUcsiva ilurvs ami warr)iuu-s, ut
Tucson and Floronce,
In lint etmtity, Ariiona, an- always fluVd with fall llns
uf such piulsas ar nxdtxl In Uie TVrrltwry, aodthul thrlr
arai'la faoilitirs for purchnJiDs; and rrcltlus; guuds, rnabl
thrni to Mil tnrttr prtlelrs, Cut Ir, moo IV than any other
firm In ftoutheuUrn Arliuoo.
la addition to rtfrtiUr stum articles, tnv srepon band
IMNK LimilEIt AMI NIIINOIiKN,
ALsO-
JlA.ItL,lCV anil COIUV,
Mr. FUb, at Tuo.n, ami Mr. Collli)(fwwl. at Flornc.
wilt b ilwl lu m-!ve culls from such HUns of
North ern ArUuoa. Nc Mrxleu and L'aliXumU. as may
visit, or pus th place,. tna-T3
LORD & WILLIAMS,
Postoffice Block, cor. Congress & Main SU
TTJOSON, ABIZONA,
Ilavt cwnitantly on hand a
Full Assortment of Merchandise
AdarOxl to Ui wants of Ariionaos. They also am r
parvl to furnish
FBEI0HT, QRAXH, AKD ALL 051)8 OF PEODDCE,
DO A OfcXEItAL lltlOKEItAOr. M'Hl.VESS,
Mako Collections and SeU Exchango
on any frt of th world.
iart!r from Northern Arltona, vIslUsj Tucson, will al
ways find ur "Utrh string out.' apKO
r- K. TL'LLV.
a. u. vt toso.
TULLY, OCHOA, & CO.,
TUCSON, ARIZONA.
We would vry respectfully call th attention of the
people of tbe Territory to our large and complete assort
ment of
ALL KINDS OF MERCHANDISE,
Which we 4tll at the Lwtat Ccuh Pricet.
We invite all to examine our stuck before making their
purchases elsewhere.
m3l Tl'LLY, OCHOA, & CO
MOILAVE COUNTY.
Wtt. Conr.
Joua c. rona.
Cory s5c IPotts,
SELL
CIIEVI? for CASH,
EVERY THING
WEEDED BY EVERYBODY
IN" ARIZONA,
AT rtir.IR STORE IK CEROAT, WALLA PA I
SttXISa DISTJltCT, MOHAVE COUSTY,
ATtrzosA TEnRiTonr.
We keep on band, a largo Aaaortmsjnt of
DRUGS AND MEDICINES.
GTCuU and Soo TJ. ans;1772
A. r. TJAY1S.
A LUES EATOALL.
DON'T READ THIS.
Unless 70a wan't to find out that you can
Bay Goods at Reduced Rates, of
DAVIS & RANDALL,
-A.T MINERAL
DEALERS IN
Groceries and Provisions.
CLOTHING AND HARDWARE,
TOBACCO AND CIGARS,
Xrug-is and. IVIedicineM,
LIQUORS,
Who are also prepared to SHIP ORES AND 1JULLI0X.
and make liberal adranoee on the same. uortl
Wallapai Assay Office,
Cerbat, Mohave County, Arizona.
I beg to Inform the misers and cnblle (a rratnl (!. 1
hare opened aa Assay Office at Cerbat, Wallared District,
where I am prepared to do any work in tba Use of my
business. I hire
Radamd Ti!mi Ia ReltsVe Tt. -s. .
Blngle Assays lo: Copper , .SM
nge amji e?r tapper, imho. aaa aiircr. ...7i
flUrer llalllon melted sad Assayed at 3 per cent of raise.
. . -wmf ,--w,u wwwre wie loiHiwinr raiet
ralrerlu the ore, ami in I r thoroughly send Shout two
OBsecs of each sample ; If more than one sample, mark
' j-- i'f-ir miwu given vr reiurn mall.
C. 1'LBTZ, Assayer.
PAUL BREON.
Camp Mohave, Arizona,
DEALER IK
Groceries, Provisions, Liquors,
-AND-
GENERAL. MERCHADISE.
Camp Mohare, Arlxoua, January 7. 1873. JnlB
NIFTY SALOON.
AT THE "HirTT,"oi" M0KTE2DMA BT
THE TinRSTY CAN
GET GOOD WHISKEY,
RUM, GIK, BRANDY, KUMMEL,
SWKKT Oil SOUR WINES,
And Tolorablo Water. Drop In.
ANTELOPE RESTAURANT,
Ouiley Street, Worth Oldo of tho Plaza,
I'KKNt'OTT, ARIZONA.
The Proprietor of this Restaurant respect,
fully anaoubCM thai 1.. ..m
1 t , - w.u ijMre 110 raias
vC'S!AtMlL!A WATKIl, Fl.OtttDA
9? DH.X5ED BEKEDY OB OBEQON EHEtJ
LEGAL.
ISUMIMOIVS.
TN THE lMSTItlCT COHtT OK THE HECOXI)
1 Judlrtxt District, In the County uf Mohave, Territory
of Arlutui.
Win. C'rr and John C. lVitts, partners nint. r the firm
tiame und style of Cory and I'utts, plaintiffs)
Vjinlf
Tin' Cuivland Tiger Siller Mining Ojinpeny, def.tniUiits.
Action brotieht In tbe lllilrlct Court of the Keitmd Ju
tibial district lu and fir the county of .Mohnte, In the
Territory of Arluma.
Tht Ttmtiiry f ,riirm ttndi jrttting o The Capel
and Tigtr Kihtr Mining Company
Voi I are hereby summoned nnd required t appeir In an
action brought against you by the HNivp'hnmrd ptitlntirT
In, the IJi.lrict Court of Ibo Second JuitlrUI District,
in and for the county of Mohave, in the Territory of Arl
tona, and answer the complaint fifed with the Clerk of
this Court lit C.rl'M, In Mild timnty. (acorn- of which nom
plaint nccoinpitules this summons), within twenty Jn
teiclusive of the ilny of service after the senice tin
)ou of this summons, If srveil In this county j but If
erve,l out of the county and within this dlitnct, then
within thirty days j in all other rues forty rlavs.
And jou are hereby notified that If jou till to npear
and snswei the complaint as above required, the plnlnUIT
will take judgment ngalnst you t the sum of one thous
and three hundred and eighty-tight H-100 dolUrs with In
terest, npou an eiprese cimtrnct for the payment of money
for balance due upon settlement ot accuunU, and cost
and disbursements In this he hall eiended.
(liven under tnr hand and the sent 1 said District
Court at Cerbut, this 12th day of January, A. I), 1D7I.
JnalfitlO CALDWELL WltltiHT Clerk.
8UMMON8.
In the District Court, Third Judicial District, In the
County of U.ulcui, Territory of Arizona.
John rtinlth. I'UlstifT,
against i
Daniel Curran, Defendant,
fuinawm.'
Action brongbt la the District Court nf the Third Judi
cial District In and for the county of Marico In the Terri
tory of Arluma:
The Territory of Arlsooa sends greeting to Daniel Cur
rant You are hereby summoned end repaired hi arjar In an
action bronght against you by tlieaboTe-nanwd plaintiff iu
the District Court of tlie Third Judicial District In and for
the county of Maricopa, In the Territory of A risona, and
answer the complaint filed with the Ci.rk of this Coart, at
l'tiienil. In said county, ( a ropy of which complaint c
companies this snuiimni.) within twenty days (etcluaive
of the day of serrire.) after the serrice upon you uf this
summons. If serred In this county; but If sereed out of the
county and within this district, then within thirty days; In
all other cases forty days.
And you ar hereby notiSedtbat If you rat) to appear and
answer tbe vow plaint a abut required, the plalatilf will
apply to the court for the relief demanded therein, and costs
and dlsbursments In this behalf expended.
(llteu under ray hand and tbe seal of tbe said Dis
trict Court, at 1'h.rtils. this 19th day of December, A. D.
1C73. decSetlO C. P.C'ATK. Clerk.
Probate Notice.
TN THE PROBATE COl ItT, COUNTY OP VAV
X al, Territory of Arizona.
In tba Matter of tho Estate of
AARON WiniTHEIMER, DECEASED.
TAe Ttrritvry 0 Aritona Stndt Gritting!
la purstuueo of aa order of this Coart, made and enter
ed on the 21th day of January, 17. notice is hereby
giea that. Thursday, February '..U, 1S74, at 10 o'clock a.
X. of Seld day, at the court-room af this Court, la the town
ol IWoU, County ot YaTapal, has been appointed for
hearing the arpIlailon of Michael Wornxser, praying that
a document now on file In this Court, purporting to be tbo
Ust will and testament oi Aaruo Werthrlmer, deceased,
be admitted hi Irobute, and that letters testamentary be
Issued thereon to said Michasl Wormier, who Is named
therein as eiecotor; at which time and place all persons
Interested may appear and eoatest the some.
1IK.VKY W. KLEUUY, Probate Judge.
rresoott, January SI, uS1lt
Sheriff's Sale.
FTHE DISTRICT COURT OP THE THIRD ju
dicial District of the Territory of Arizona, In and tor
Yarapal county. .
JKKKMUII BVUlYJCt, Plaintiff.
TS.
Ct KTls C UZJlX and 1UKT II. DEA.T, his wife, De
fendant. In pursuance of a decree of foreclosure In this cause,
dated leth day KoremN-r, A. D. JS73, I shall ejpose for
sale a the law direct., at the Court-house la the town of
PreenoU. Ysrstel enactr. Arlwni Teerl.e PrU.
tbeSOthslayof February, A. D. int. at3 o'clock P.JU the
uonei mia umu til 01 toe eutiia-re tMrt til o .e
tloe eighteen (It!) and the fractional north half (1) U the
snrthwext ouaner (i) ot section nineteen (1'J;, In township
number seienteen (It), north of range number three f3),
west of the nibs and Salt ritsr base and meridian, con
taining oot hundred and sixty and 1-100 acre of land.
H. M. IIERUEItT. Sheriff.
Presnott, A. T Jan. 30, Mfli. Jao30w3
Executor's Notice.
Estate of PHILIP AUSTIN, Decoaaed.
Netice Is hereby given to the cmlitors of and all per
sons haeing claims asralnst the estate of I'hllin Austin. te.
ceased, to present the same to the undersigned Ezecator,
at iuuer rascn, jtonare uonaiy. A 'I., wltnln ten
months from date of this notice, or the same will be for
erer barred and all persons Indebted to sold estate are
hereby requested to make Immediate payment.
HENRY LAMBERT, Ezecator.
Baker's Ranch, Mohare County. A. T., J
Hepiember 6th, lfc73. J nort5in3
Sheriff's Sale.
BY VIRTUE OP AN EXECUTION ISSUED OUT
of the District Court of the Third Judicial District,
tor Yarapul county, against tba goods and chattels, lands
and tenements of Henry W. Pleury, I base seized all the
right and title which the said Henry W. Pleury had on
the 10th day of January, A. D. 1671, or, In, and to the
following described premises, to wit s
Lots 6 and 8 la Illock "31 j" Lots 1, S. 3, A, 5, , 7. 8, 9
and 10. la Illock "P." Also, tbe undivided one-half (I)
of all 1U la Mocks "A," II," "C," and "D," which I
shall espose for sale, as the law direcu, at the Court
house in the town of P;(Htt, Arls-raa Territory, on
PR1DAY. TIIK20TH DAY OP PEHRUARY, A. D.
1674, ut 11 o'clock a. in.
All the abort-named i-roperty Is sltnated la the town of
i rteooii, sarapai uvuniy, Anvnvt Territory.
H, it. IIERUEItT, Bheriff.
1'rexrrtt, A.T., January 30th. 1671. an3oV3
Dissolution Notice.
Notice la hereby gWen that th. co-partnership heretofore
existing between John H. Marios, Menlamlo II. Wearer,
KUneoii 8. Peawell and Chauacer P. Mitchell, la the
news(inr, book said h 1utlng business was, un Jan
uary 24, 1874, dissolved by mutual consent and that John
it. Marlon and Ilenjamlu II, Wearer, who are now wile
owners of the MlKKit establishment, will eontinue the
business under the finn name of -J. II. Marlon Ox. set
tle all claims agalost the lata partnership and collect all
accounts due tbe tame. J, If. MARION,
li. H. WEAVER.
E. 8. PE.S WELU
O. P. MITCHELL,
Dated at rreeoott, A. TN January SI, le7l. -It
Executor's Notice.
Estate of J0H5 HENBT LQDIB "W0ET1CAH, Dectaicd.
Notice Is hereby given to the creditors of and all per
sous having claims against the estate of John Henry
I.00IS Wortman, deceased, Ut ptwent the same to tbe un.
derslyrned Executor, at Prescott, Yaral County, A. T.,
within ten months froia the date of this notice, or the sou.
will be forever barred; and all jwrsoas indebted to said
estate are hereby requested to make immediate payment,
JOHN RAIIILE, Executor.
Preeeott. Jan nary S, 1871. Ual0m3
STJI1VI02VS-
'PEHRITORY OP ARIZONA, COUNTY OP YAV
i. a pal
In Justice Court of Prescott l'rrcloct, County of Yava
pai and Territory nf Arizona.
TKt 'tepls . (As TarUvrn Arinna t Jai. S
tktmat, grttting t
You are hereby summoned to appear before ma st ray
oOoe in Prescott la said County of Yavapai, on the loth
day of March, A. D. 1974, at 10 o'clock A. it., to answer
the complaint of H. Asher & Co., llaintlffs, for the sum
of one hundred and twelve dollars and fifty cents fur
(4112X0) goods, told and delivered. When Judgment will
be taken agaipet yon for the said amount, together with
costs, and damages, if you tall to appear and answer.
(liven under my hand the 14 Ih duy of January. A. D.
imt. J.COTlS.
JalCtl Justice of the Peace In and for said County.
PLAZA FEED AND SALE STARLE.
Goodwin
Street.
Opposite
Plaza,
I'REUCOTT, AIUZONA.
BROOKE & Lltm.
Prescott, October 31, IMS.
LARGE, NEW, COMPLETE
WABON AND BLACKSMITH SHOPS,
Oarley Street, Fronting on Granite.
All kinds of HSseiomltnlBg, Wsgon making sad is
rUrltg done la food style by - e "
f'',5U I'RED.O.IIRECHT.:
ARIZONA STACK LINES.
rJ? UOeSOIV, YU3IA
AND-
SAN DIECO -
U. S. TRI-WEEKLY MAIL LINE.
Couches urrive at Tnrscn every
MONDAY, WEDNT8DAY 4 8AT0RDAI M0BK1K08.
l)f lrt at 4 I'- M on
Tuesdays. Thursdays and Saturdays.
Until fnrthrr notice.
Time to Sun DIoko, Five !)ny,
This will enable the Traveling public to reach
SAN rnANCISCO IN EIGHT DAYS.
Tare to Yuma .V).'0
Pare to Aan Dlegu, (gnll coin or Its iilralents 'J0.V0
A Shige, carrying the U. 8. Mall, will leave
Maricopa Wells, for Phoenix,
Every Monday Morning, lletnrntng nest day. Connect,
ing at Maricopa Wells with the Yuma and Tucson mail
line. This is th.
QUICKEST AND SAFEST
Itonte from Northern Arluma tu Tucson and r.,nneetlc;
at Yum with J. U. Caproa's line of stugrs fur Han Dirgo,
California.
seprr.' JAR. A MOOltE, Proprietor.
ARIZONA STAGS LINE
TteguUr (mi-weekly trips, by stage, with mall, will be
made between
Prescottf Arizona,
..nil..
San Bernardino, California.
Two-horse wagons, currying the U. 8. Malls and pas
sengers, leave Prescott and Kan llernardlno every
WEDKE3DAY AKD BATUBDAY M0B5I50S,
Making the trip in six days; sslng n route, KltltKN",
BEItO, WICKEN11UUO and CAMP DATE CHEEK.
Parties wlshtrg trnnsportatioo to Arizona rid this route,
can be furnished tbe same In
rOUR OR SIX HORSE STAGES,
On private contract, by giving one week's notice In ad
vance to Agent ot Arizona -Stage Line, at Kan Iternardlno.
The rates for same will "be In proportion to the accommo
dation required.
Regular Kates of Fare.
Cirrriic.
Prom Prrottto Kan Ilernardiao ?3.00
Prom ITeseott to Wick en bo rg sn.tM
Prom Prrsrort to Ehrenberg tVCO
Prnm San Ilernanllno to Ehrenberg 2.Y00
Prom tfaa llernardioo to Wiekenburg COM)
Local Agents :
I. H. I.KVY 8an Iternardlna.
W.U. Col'OIIKA.t Ehrenberg
B. O.O HAST IVsrotf.
HASH IIBOWS General Agent.
JAMES QUANT, PliOFWiaos.
J, II. PIKRSON. 8UI KnLXTr.SUCT. sepVTJ
PRESCOTT
After this dale, (nasengers will be carried over tbe road
at the following rates, currency 1
Prom Prtsoott to Camp Hualpal 10X0
Heale Springs 23.00
Cerbat . .. -AM)
" " " Mineral Park.... 'J7.00
' llardyvill 3irjr)
Express matter will Im carefully forwarde.1 at reasona-
hie rates.
Every possible accommodation will be offered to pas
sengera. The stage will leave Prtsoott Prlday evenings, aad at
Hardy villa will coonect with the mall to Ehrenberg and
8t. Oeorge.
All orders left with 8. C. Itogers, Prescott, or Cory it
Potts, Cerbat, will be (futnitly attended to.
WEUSTEU i. WHITE.
Prescott, May 10, 1873. malUtf
Xj. 13. .TJeSWISLXs,
Watchmaker, Jeweler,
etsAeNOee
. ASSAYER,
On the South Side of the Flaza, Prescott.
DEALER IN
CLOCKS, WATCHES AND JEWELRY.
Jewelry of All Kinds Made to Order.
Repairing Dono Carefully and Promptly.
Gold and Silver Bullion
Refined, Bought, and Sold.
ISfAll kinds of onJS ttnd rrIrly assayed.
Fgl PRESCOTT
f B(MT & SHOE FACTOKY,
C9sW "West Side of tho Plaa.
Custom Work Made to Order.
RBPATRINO NEATLY DONE.
French screwed and nailed boots nude lo order, at re-
aucea prices. W. IT. WlLLIBCEliT, Prcprlstor.
Pmnoll, Arizona, June M, liTX je'JKtf
PACIFIC BREWERY,
MONTEZUMA STREET,
Next door to the Mm er 0UIc, l'rescotu
GOOD LAUEK BEER,
lAqtwnarul Cigart,
Always od liand and for talc
JOHK RAIIILE, Itviietor.
rrrseott, January 13, 1CTU,
GUNS AND PISTOLS
J. P. UJIODE, at L. H. JEWELL'S.
Prescott, Arizona.
$100---SOLmEK8---$200.
home. MtXw ,rAu?-'D" ?afron,
CALIFOItNIA.
BUMFOI13J
Tf sV sfl M'4 mm e-w -v .
UKUJVALLEbl
The Chraift Yeait I'oieder Maatf.
TAKit j in iMiiiaiuiiig UUA (tK
tier, nujvrwr w any and ALL ul '
Mn.lt ,tf-ir 1
Light, Sweet and Nutritlftr,.
vji
PASTRY, &c, &Ct.
sflnoronfnnfl fn fllirA Vh1! ir.irs
uuniisiiivuu i.u a su isiiLirn nuiiiia.
".ami
mo money wm do ileturnei
ASK YOU 11 O ROGER FOR ij,
TAKE TCTO nrntr
Ssai for Free Ptaphlst to
CIIUKCII Sc CLARK,
.sou: ac.f.sts,
- t waoas Sa lUin
JL JL JL JsLlsi JstS a.
WH. WOKIKAV.
Temple & Workman,
Tomnln Til nnlr Tnr
IttCsala nTHalfa tttl.l Uansk tt.l. i.ts a-. .
. -. v ... wieis Stai rl flRj
ftfWPn AT n A s"VJ ee,
" s si sasasj SMI SSlayall M sUUnin
Draw on tl,
LONDON AND HAN FKANUISCO fit
( i.imite!;, at Haa PraaclKo.
EitisnfM for Sals eal
New York,
Loudon,
Paris,
Hamburg,
Berlin And
l.efflll T.twIeM tlMtllnM n.u rt-. ..J
Bute, (Awnty and Clly IkmJs tuus;ht aud soli,
vaiaaDie tor ur kectln
o. vr. citwLKr.
G. W.CHESLEY&Cfl
lMi-oimcs ami vriioLuau; hxalcu a
sl. ' .-&, . ...a st xt
sa. w assv m a a r a a s 1 a m m m m m m 1
boix rr.oruicTOiia or
Cundurango Bitters,
did Je, o c r.
,
rrom or, oacrancitio.
fltteclal attentlom wtll rm.i in tv. . 1
mJtr
k. A. FARGO 5. CO.,
- VS MtiVi e Si I f II
ivrorrtM axi Jorrroi or
1111 i iiiirr.i. vii'ir. stv. i.iiii
316 IVont Street, Cor. Conuaadil
OtTef pcIsU !ducmnU to tb Arlsma Tn&
ftfl fl 1 A H..S..zl W si
vytse,tsi UL...S ,r..f. . a ,
TsMivir un am i-sva&A isnsikt. w
VSIUtt t.lJ.SJyVa1 JSkV
MAIN BTREEi; IADS AKOELH
ml- M st ee
Mzlsl'slslsaaSsVslI ' A SV.1 I sT- fSSI I Bi
sV I u'V . ST. smilBlaMBSl
TTts I'f I'n t I tf li n .ei. a
si isisiAj n;t i ssuAin fir lunjnn bu bks
mmiunaisiteuu tMltT IJCIA. sVUlaUUf tS Ut fsXUM
ostssw ni4V As SUU tr VU sVV W IslA esTTTl
v .j- -r- - w isnirvni tWW. tniJIflK Will MTiSt UBUK
suv4 AppUiAntrTfr ot
The "WVitsm nulwn Telfrajh Office
with ifts? tndlag pmsu
esettaaaea e sues a vie s 1 f
W. I- Psnrn. J(anss-.r. serik
r sss bs. jsk m SB srSh. esasi sBa mm SM jsjv
NEW REMEDIES! NEW REMED1E
DR. OIBBON'8 DISPENSi
11 PHaaiaeaLI It.. e.f.t tMf O
'"w- sni ijsjiiiiinini niinu stj--v-
svisw-Msrv. sjocd m itonofTDra, Urf
SJUL. Ilil. Msrln eflstuud ..9 aw..s m ,.JU . I
Ws, etc.. saccesafallr treated.
IiK. OIIIHOM tuuSk nle.nr f eAnHsr
duties for the alleviation of tinman suffsrlns;.
Seminal Weaknen.
Seminal eulsslon Is the MwiMiimM of self-abost.
solitary vloe, or depraved seiual lndul(res, IspS
by the vouth or Loth seses lo aa almost unllmltes I'M
prtKlucfna; with nnerrfnir certainty the follwl
.jwwiuuuKH oon.ie.nea or setentino meu -ures,
viz i Sallow oMinUoance, dark spots ocitttU
m tue neaa, nngtnr in tne ears, noise iue is
Mnn.lit nrM. a Jisnos
shnn soclrty, loss of memory, pimples and vsnou
"i ine ice, nectui ousnes, mina rat"!
breath. tOUS-hs. msinmntlnn nl.kt .ets. tad
and freo,Dent Insanity. 1 relief b not obtahefM
tswjuld apply ImniedlaUly, either la pernon by?H
aihl have a cure effected by his new and sdeatiao a
treatlns; this disease, which never falls of t ffstie( SV
tw'i rauicai cure.
Cured fit Homo.
Persons at a distance may be CURED AT H0J1
addressing- a letter to Dr. (ilbbou, natlnf esse,
i.ohib os line ue oiste tuu eocunaed, aaa
cine tienmislv r.w.r,iA.t r.e. r.,.n .t.Miira enJesri?!
to any reticular jut of th country, with foil ssPfl
uukiwoi ior use.
Persons writing to the Doctor will please sUtt t-
of tbe ajr they see this advertisement In. . .
ttw - .. i -( t-. ti.ii -. i i.. .itcreS l
thmuifh the Itetoffiee, or through Wells, rare
rockaf of tuedlda will be forwarded to any rr
union.
All eommonlcaUonj strictly ccnMeatlsl. v
sohdyl Boa 1.9&7, flas Frtdsco,Calij
WATER RATES
At AlcMulIon'if Station,
Eitatted 48 Uilts Eut frea Ehrearerr, ta t8"!
Boad to Pbiit. Wltkwbws; jH JW
For waterins; each burse crmuls In slsrfs f",!J
solrasls and upwards, -J3 cents anrreney. Tr
s 'i t a
caiiiejjicsouju cjuisnasrs.
, .JlylStI 11D. OH.BEBT, rorri,f
iravre or r&unns; or charrloU, uneasiness awu
Wns, wtakctssef the UoU, fofj.l vision, fclWB
lelleet, lose ut confidence, diffidence In approaeUs' m
(Srs, a dislike to fvrm new uimilmiuwi. a Jin'H