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FOURTH YEAR. P1ICENIX, ARIZONA, THURSDAY MORNING, OCTOBER 11, 1894. VOL. V. NO. 122. A FRAUD. The Reavis Land Grant to Be Settled. The Government Will Prove Its Falsity. Time Has Come to Relieve the Public Excitement. A Commission Goes to Mexico to Take Testimony Not a Single Title or Paper Genuine. By the Associated Press. Santa Fb, N. SI., Oat. 10 Associate Justice Thomas C. Fuller, Matt G. Rey nolds, United States attorney, Mallet Prevost, special assistant attorney general and Wm. M. Tipton, expert, have gone to the City of Mexico Bnd Guadalajara, under commission issued by the court of private land claims, to commence the taking of testimony in the case of J. A. Peraltareavis and wife vs. the United States, on behalf of the government. This is tha, largest land grant ever claimed to have been made by Spain or Mexico, including over twelve million acres of land, covering the Salt and Gila river valleys in Arizona and extending into New Mex ico. It covers the town of Phoenix, the capital of Arizona, and some of the most valuable mineral and agricultural lands in the territory. United States Attorney Reynolds stated that for the last twelve month the archives and evidence in Spain and Mexico have been under careful examination by S. Mallet Prevost, special attorney gen eral, and the government was now pro ceeding to pat its evidence incompe tent form and that it was probably time, in order to relieve the public ex citement in Arizona and elsewhere, to state that the government was fully prepared to rove, and would do so, that not a single title paper nor a single record entry is genuine. INDICTED FOR MURDER. Grand Jury Indicts Alleged Slayers of Sayres. Bunco Kelly Tells an Improbable Story, of His Connection With the Crime. By the Associated Press. Portland, Ore., Oct. 10. Lawyer X. N. Steeverand "Bunco" Kelly, under arrest for the murder of George W. Sayres, whose body was found floating in the river last Friday, were indicted today by the grand jury. The statement made by "Bunco" Kelly, it is now claimed, is a tissue of lies built around a thread of truth. Kelly, in his statement, eays that he went to the engine house at Fulton to meet Sayres on the night of the murder, but Sayres did not meet him. Later in the evening, Kelly eays, he saw Sayres, Garthorne aad another man put off in a boat and he presumes Garthorne committed the murder. This statement does not agree with the facts already established, as Kelly's appearance when he arrived in the city on the night of the murder indicated that he had been engaged in a struggle. X. N. Steevers stoutly maintains his innocence. The police believe Kelly is the murderer. The Festal Week. The city in another weak will be flut tering with streamers of red, yellow and green. There will be a festal glory in the air. Every citizen is subject more or less to its influences, all are aware that the city is on the eve of a merry Beason. The festivities will begin with a grand parade. It is proposed to have a citizens' division, a stockman's divi sion, an Italian division and Spanish division in addition to the equestrian and wild west, together with Beveral floral and mercantile floats. The souvenir badge is a pretty and unique design of green cactus printed on yel low satin ribbon with a miniature riata printed on a red bow at the top. Invi tations will be sent to the governor of New Mexico and etaff, the mayors of Los Angeles and San Diego, the press and the mayors within a radius of 500 miles of Phoenix. The Phonograph Enjoined. Washington, Oct. 10. The American Graphophone company today brought suits in the United States court against dealers in the Edison phonograph and the company for infringement, injunc tion and an accounting. It claims that the patents of the company give it a monopoly on all practical talking machines and cylinders for record. Shot by a Footpad. Reno, Nev., Oct. 10. Leo Hawcraft, a young man 26 years old, was shot and fatally wounded by a footpad early this evening. He was waylaid by a man with a handkerchief over his face, who demanded his money. When Hawcraft said he had no money the man pulled a pistol and Hawcraft grappled with him. The robber shot him through the breast and escaped. The town is full of des perate characters, and half an hour be fore this occurred two ladies were at tacked at the depot. Wagon Wheel Trust. Indianapolis, Ind.. Oct. 10. Repres entatives of the various wheel compa nies, who have been meeting in this city for the past several weeks, have completed an organization which will practically give them the monopoly of the wheel business in the country. The name of the organization is the Com mercial Wheel co-npany. It is safe to announce that 90 ppr cent of the fact ories between the Allegheny mountains and the Pacific coast have allied them selves in the new trust. The president of the new company is Dwight Swift of Jackson, Mich. It is understood that there will only be a very flight advance in prices from hereto'ore, if any, the object oi the company being to manu facture and market its products on the most economical basis. SHOT THREE TIMES. A California Town Almost Wit nesses a Tragedy. One Man Fires Three Bullets Into Another bald Tnat His Victim Insulted His Wife. By the Associated Press. Woodland, Cal., Oct. 10. Arthur Oshalfsky shot Henry Garson three times on his ranch two miles west of Dnnnigan this morning. Oshalfsky claimed that Gaison had circulated re ports about his wife. One of the bullets took effect in the stomach, one in the Bhoulder and the other in ths foot. Garson will recover. CHINA IS SICK. She Asks Germany to Help Her Let Loose. London, Oct. 10. A dispatch from Berlin alleges that China has asked Germany to use her good offices to terminate the war with Japan. A Queer Case. Jerset City, N. J., Oct. 10. Paul Jense, who shot Clara Arnin in Ho boken Aug. 12, will not be tried on Tuesday next, the day set for trial by Judge Lippincolt, simply because the accused refused to be tried. He says he is guilty and wants to be hanged as soon as possible. Under the law passed last winter the court is restrained from accepting a plea of guilty in capital cases and in the dilemma that has re sulted Judge Lippincott has decided to certify the matter to the supreme court in order to obtain an opinion as to the constitutionality of the new law. The case will be argued at the November term. Massacred by Belgians. London, Oct. 10. The Exchange Tele graph company announces that the African mail has brought news of seri ous fighting between the Arabs and Belgians in the Congo State. One ac count declares that the Belgians claimed a truce after heavy fighting, and then hemmed in the Arabs and massacred them without quarter. Another ac count says the Arabs commanded by Chief Rumezia after a truce agreed upon a conference, but almost imme diately afterwards the Arab powder magazine exploded. This caused both sides to suspect treachery, and fighting was resumed. The Arabs were sur rounded on all sides by the Belgians, and were nearly all massacred. Over thirty chiefs were numbered among the slain. The Belgians captured 300,000 lakhs worth of property. Southern Pacific Reducing; Forces. San Francisco, Oct. 10. The Chronicle Bays the policy of retrench ment commenced by the Southern Pacific railway company is to be con tinued. A consolidation of divisions will take place on November 1. One division is to be abolished completely and the work of the division officials is so divided up that a Becond division superintendent can be dismissed. This change means the chopping off of the heads of all petty officers of the abol ished division and half the clerical force in consolidated divisions, effect ing a saving of several thousand dollars a month. Murder and Suicide. Indianapolis, Oct. 10. George Neorr, a saloon keeper, fatally shot his wife last night and blew out his own brains. Neorr married a widow a year ago. She protested against the contaminating influence of the saloon on her three children and the murder resulted from the quarrel. Three children witnessed the murder. Populist Mass Meeting. Saturday, Oct. 13, 7:30 p. m., Hun, W. O. O'Neill, people's candidate for delegate to congress will address the meeting from the stand on Jefferson street, rear of court house. Come everybody. Coin and Bullion. San Francisco, Oct. 10. Silver bars, per oz., 63) (8638 : Mexican dollars, 53 53. ARE FLYERS. Bicycle Records Down in the Dust. Are Broken by Athletic Club Wheelmen. Races at the Sacramento Agri cultural Park Course. The Unpaced class A, and Unpaced Class B Tandem World's Record Lowered. By the Associated Prefs. Sacramento, Cal., Oct. 10. Two world's bicycle records went down in the dust of the agricultural park couree here today. One was a quarter-mile flying start unpaced class A, the record for which was 28 1-5 seconds. L. 8. Upson of the Sacramento Athletic club's wheelmen, covered the distance in 27 3 5 seconds. The other record that was lowered was the quarter unpaced class B tandem record of 26 3 5 which R. S. Long of the Olvmpic club wheelmen, and Tony Delmasof the Golden City wheelmen, wiped out by setting the mark at 24 3 5 seconds. A MINING DECISION. An Important Opinion Delivered by the Court of Appeals. St. Louis, Mo., Oct.' 10. In the United States court of appeals today the following opinion was handed down. In the case of Samuel H. Nolan, Stephen W. Kearney and Lewis Rock well against the Colorado Central Con solidated Mining company, appealed from Colerado the judge delivered an opinion which directed that the order vacating the award of the arbitrators be not disturbed : but that judgment dismissing the plaintiffs' suit be re versed and remanded . The plaintiffs sued for 1100,000 for alleged entry to the mine by -the defen dant and claimed by plaintiffs. By agreement three arbitrators were ap pointed and while the hearing was in progress, the defendant heard that the arbitrators were being influenced again t it. The defendant company then ssrved notice of revocation of its agreement to arbitration, but the court would not admit the right to revoke the agree ment and the arbitrators returned a judgment against the .defendant for $72,549. The trial court set aside this award and dismissed the plaintiffs' BUlt. A Prince Will Come. Washington, Oct. 10. The Japanese legation baa notified the department of state that Prince Yumashima of Japan, a nephew of the emperor, will arrive in New York from Europe next Friday and will visit Washington. The col lector of customs at New York has been instructed to extend the usual courte sies and facilities for landing the effects of the prince. WILFUL MURDER. Verdict in the Inquest in the Shurbert Case. Testimony which Seemed to Pro mise that an Accomplice Before the Fact Would be Disclosed. The jury in the Shurbert inquest re turned a verdict of wilful murder. The inquest was not continued as long as it was expected it would be. The plan of the investigation was changed, elimin ating inquiry into the circumstances leading up to the murder, so that only the actual fact of the killing was con sidered. Though perhaps a hundred people were in the street and saw at least the end of the tragedy, less than a dozen witnesses were examin ed. Thev were Dr. L. D. Dame ron, P. "S. Perley. W. J. Cotton, W. D. Hall, Jas. H. McClintock, W. H. Black, John Linahan, Dr. J. L. Walker, Deputy United States Marshal Slan kard. The testimony of these witness es brought out only what has already been published. There was some natural but not material discrepancy in minor details. Considering the excitement which prevailed and during which two men Beldom see the same thing, the testi mony of two witnesses were remarkably similar. They were J. H. McClintock, who was nearest to the murderer and who was the first man to Beize him. and W. H. Black. There was abso lutely no variance in their stories of the killing. The ante mortem statement of Shur bert was reproduced by John Linahan. It described the quarrel in the O. K. saloon the night before, and the fatal meeting upon the street the next morn ing. Officer Slankard described the seizure of the murderer and said that just be fore he was put into jail, speaking of the beatiDg he had received bv Shur bert the night before he said "I never was abused so in my fife before." All the witnesses agreed that there was no element of self defense in the killing. Those who saw the beginning said that Shurbert tried to avoid trou ble and that at no time until he was shot through and utterly helpless did he offer any resistance. No knife or any other weapon belonging to him was found in his pockets or in the street. But there wes one more witness whose testimony promised a sensa tional development which might show that Price had an accomplice before the fact and it looked as if there would be two defendants. The witness was Irving 8. Barnes, a stone mason. He said : I saw Price about 8 o'clock on the morning of the 8th. My partner and I were standing on the corner at Brennan's saloon talking to Al Burson, who wanted to Bell us some lime. While we were talking a man whom I have just identified in jail aa Price came up and he and Burson began talk--ing about some trouble Price had had the night before. Burson said, "If you kill him today I can Bwear it Was justi fiable homicide." Price replied "I'm fixed for him." I didn't know who they were talking about and I didn't think the talk amounted to anything. When the shooting happened I and my partner were up the street in the next block, nd when I saw the man fall I theught of what Burson said to Price. Said I, 'Jack, mam's the word.' I thought may be there would be a lynching." Q. Did Shurbert and Burson ever have any trouble? A. I don't know. I just know they have been partners in the plastering business. Q. Did Burson speak in malice or vindictively. A. No, just in an ordinary way. I thought he was in fun and didn't think anything of it afterward until I heard the shooting. This was the last witness, and after a few minutes' deliberation the jury re turned a verdict containing the follow ing finding: "We find that the deceased, whose name is William Phurbert, aged about 28 vears, and a resident of the county of Maricopa, territory of Arizona, came to his death at 4:35 D. m.. Oct. 9. 1894, at the residence of Redmond Toohey at the southeast corner of Jackson and Center streets, in the city of Phoenix, by a pistol shot wound in the back, bv one William Price, unlawfully and will fully, with malice aforethought, etc." Justice Johnstone at once issued a warrant, charging Price with murder. , Justice Johnstone- will transfer the case to Justice Cincaid's; court where the preliminary examination will likely begin tomorrow. The prisoner still maintains his undisturbed demeanor and refuses to talk.. He was engaged in a long conference yesterday with his at torneys Messrs. Fitch and '.'ampbell. If any line of defense has been agreed upon neither the prisoner or his attor neys have taken the trouble to publish it. BEATS A HIGH TARIFF. Mexican Cattle Shut Out by a Quar antine Order. Territorial Veterinary Surgeon Dr. Norton returned yesterday morning from Tucson where he had a confer ence with Governor Hughes on a sub ject of supreme interest to southern Arizona-cattle men, the enforcement by the United States bureau of animal in dustry, under the law of 1890, of a "quarantine order. The alleged purpose of the quarantine is ,to prevent the introduction across the southern border of splenic or Texas fever and ticks with which cattle in northern Chihuahua and Sonora are said to be infected. The quarantine order applies to all cattle except those being shipped di rectly to slaughter houses. The incon venience to southern Arizona, New Mexico and Texas cattlemen directly along the border lies in the fact that their herds may be across the line while Mexican herds may be on this side. As the cattle roam back and forth the order is inoperative against the spread of the disease but it does operate against the return in a regular way of American cattle nn Mexican ranges. The cattle may be passed by an inspector but it transpires that there is only one inspector along the Arizona-Mexican border. Collector Webb at Nogales has tele graphed to Washington about it but was informed that nothing could be done. Governor Hughes and Dr. Nor ton sent several telegrams to the In terior department describing the use lessness and inconvenience of the order and have asked for either a modifi cation of it with respect to American cattle or for the appointment of a suf ficient number of inspectors. The impression prevails that the or der is enforced as an antidote against the reduction of the duty on Mexican cattle under the new Democratic tariff law. While the quarantine shuts out Mexican cattle more effectually than the McKinley law did and serves the purpose of the cattle industry generally, it imposes a peculiar hardsnip upon Southern Arizona cattlemen, more onerous if possible than the Mexican competition invited by the present tariff law. NOT A DREAM. Pure Politics Must Be Maintained. Not an Iridescent Vision Says Theodore. Office Holders Are Not Re quired to Pungle. Even If the Requests Are Made by Letter No Attention Need Be Paid to Them by Receivers. By the Associated Prefs. Washington, Oct. 10. The civil service commission is now busy investi gating the cases of asaesments for po litical purposes. Commissioner Roosevelt said today that under the decision of the attorney general we cannot proceed against those persons who solicit by letter. However, we will publish broadcast what is being done and guarantee to employes that they need not donate a cent. We shall present the matter to congress and urge that legislation be had to punish solicitation by letter aa well as in person. I want to say that no man in office, whether Democrat or Republican, is under any obligation to contribute to the campaizn fund and cannot be mo lested in any way by bia superiors for refusing. For the Benefit of Creditors. San Francisco, Oct. 10. The Phelps Maunfactnring company, iron founders and bridge and cable car builders. assigned to F. G. J. Margetson today for the benefit of their creditors. Neither the assets nor liabilities are stated. Races at Nashville. Nashville, Tenn., Oct. 10.- -The Cumberland Park Association bas ar ranged a match race between Kobert J, John R. Gentry. Hal B ratten and Joe Pafchen here Oct. 19, for J4.000. Pool Rooms Closed. Cincinnati, Oct. 10. Owing to thj prohibition of Ohio laws the pool rooms . have for years been operated in Coving ton, Ky., and today nil pool rooms across the river are closed by order of the police, the grand jury having taken the matter in hand. , A DISAPPOINTING PUN. A Mine which will Likely Remain Undeveloped. A day or two ago a prospector ap proached M. Wormser, the capitalist in a Washington street restaurant with an assortment of ore in which gold spark led bewitchingly, "I've got the beet thing ever discovered in Arizona, Mr. Wormser," said he, "but I need money to work it. I'd like to make an arrange ment with you for $500." Mr. Worm ser took a" side long glance at the samples and continued his onslaught on his porterhouse while the prospector waited uneasily for a reply. At last Mr. Wormser wiped his mouth with a Jnpinese napkin and without a further iuvestigation of the ore he inquired : "Vere did you say dot mine is?" "In Yavapai coun ty about thirty miles this side of Pres cott, and it's a world beaier" replied the prospector with greedy eagerness. Mr. Wormser slowly drank the coffee remaining in his cup and looking outof the window for a minute or two he in quired "Vot is der name of dot rich mine?" "I call it the 'Juniper'" re plied the hungry prospector. Again Mr. Wormser was lost in abstraction for a period that seemed like an etern ity to the prospector and at last as the capitalist arose laboriously from his chair, he said "Veil, here is von Jew vot you dond't nip mityour Jew-nipper mine.". When the prospector had been restored to consciousness, he said, "Any jury in Arizona would have brought in a verdict of justifiable homi cide." SHURBERT'S FUNERAL. A Touching Scene at trie Grave of the Murdered Man. The funeral of the murdered man, William F. Shurbert, took place at 10 o'clock yesterday morning from the undertaking rooms of Randal and Davis. It had been arranged the night before that the funeral services Would be held at 4 o'clock in the afternoon at the Catholic church, but decomposition during the night had been eo rapid that it was impossible to delay the inter ment. Notwithstanding the brief notice given of the change of plan, a long cortege followed the remains to the cemetery. After the coffin had been lowered to the grrave, Shurbert's wife pleaded to be allowed to only touch it. It was raised again and she was assist ed out of her carriage. She fell upon the casket in a paroxysm of grief, and in pity toward her the attendants were at last compelled to drag her away. A brief ceremony was performed af ter which the grave was filled and con secrated by the priest.