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THE ARIZONA REPUBLICAN.
-.,..r..Trr, tv -r 'W'i!i llntTrfiwTv nTr7Ar nrrnporkAV AinRVTVO cri'TTA! fllTR 1' 18Qf; rVOL. VII. NO. 90- Strip Between Arizona and California. To Be Carried to the U. S reme Court. Sup- - V-rUl Arizona May Yet Have to , Callfor lla on Account of the Penitentiary. Los Angeles Herald: The habeas corpus application of Evaristo Chavez, which was before Judge Weelborn of the district court and 'before Judge Ross of ithe circuit court of the United States a tew months ago, and which was the subject of written opinions by both judges, denying the same, which opinions were heretofore presented to readers of The Herald, has been lately passed upon by associate justice of the supreme court of the United States, Stephen J. Field. It will be remembered that in this application Chavez claimed that he was 'being illegally held In the state of California, although at the time he wes serving a two years' sentence in the Arizona penitentiary at Yuma, Ariz., for selling liquor to Indians. Chavez .based his claim of illegal con finement upon the alleged fact that the strip of land upon which the peniten tiary stood and upon which also is located about half of tihe town of Yuma, by virtue of the provisions of the treaties with Mexico, article V of the constitution of the state of Cali fornia, and the acts of congress estab lish tag the territory of Arizona and its boundaries was in tihe state of Cali fornia, and he could not therefore be held upon an Arizona commitment. Judges Ross and Wellborn decided that Chavez was being held upon disputed territory by virtue of a valid Arizona commitment, upon a regular convic tion of the offense charged, and that he would not be allowed to raise a question of disputed boundary upon habeas corpus, and denied his applica tion. Chavez, through his attorney, Cal vert Wilson of this city, took the mat ter up on habeas corpus before Asso ciate Justice Field, wlho has just given an opinion upon the application. Jus tice Field's opinion is interesting up on the question as to what should eventually become of Chavez and the remaining convicts now confined in the .Arizona penitentiary in Yuma, were such an application as this one of Chavez's granted. Justice Field says, among other things: "It seems that the matter has been before Judge Boss. If it was be fore him when holding the circuit court then the proper and adequate remedy is by appeal. If It was 'before 'him In chambers then Chavez is at lib erty to apply to some other federal judge. It is Impossible for me, con sistent with my numerous duties here, to attend myself to this class of mat ters. I may say, (however, that, were I to grant the writ and should come to the conclusion that your client could not be held in the state of Cali fornia, I would not discharge him ab solutely, but 'before doing so would give notice to the proper authorities of Arizona so that he could be taken and confined in Arizona in execution of the judgment of the court. I re turn the; papers in the case, that Cha vez may -take such further action in the premises as Is advisable." While Judge Field does not in his opinion .foreshadow Just what his de cision would be as to Chavez beine 11 legally confined in California, yet from its tenor it can be seen that he does not consider the application for the writ groundless or wanting in merit for if it were so. the writ would Rimnlv nave oeen denied upon the facts aD- pearing upon .the face of the petition, wnlon was the position taken by Judges Ross and Wellborn. So far as this ending the matter it is learned tnat the case will now be carried upon an appeal from the decis ion of Judge Ross to the supreme court of the United States and its mer its will thus 'be passed upon by the entire court. a decision in this case upon Its merits will not only settle the ques tion of the true 'boundary line between California and Arizona, whether it is the channel of the Colorado river or a straight line drawn from the mid- oie or toe river Gila where 'it - unites with the Colorado, due westerly to the Pacific ocean, and cutting off a nar row strip of land (upon which stands the Arizona penitentiary), between this line and the Colorado river; but it will determine the fact as to whether or not Anzona s penitentiary is in Ar izona or California, and also will indi cate the legality or Illegality of the confinement of the rest of the Arizona convicts. There have been several efforts in the last few years by the residents of Northern Arizona, to pass a law through the legislature of that terri tory removing the penitentiary from Yuma to Prescott, Ariz., not only upon the ground of the uncertainty of the present location of the Arizona prison but upon the more certain objection of its proximity to the Mexican border and the Colorado river, a location of fering peculiar advantages for escape to the sister repuh0, The prison now stands upon the east hank of the Colo rado river. It will thus be seen that there is a decided political aspect to the Question from an Arizona stand point, and a successful issue of (the Chavez case would operate as a posi tive victory for northern Arizona as against Yuma county and southern Ar izona in necessitating he removal of the prison to Prescott . The loss to Yuma would be a seri ous one. The town now subsists large ly nivm money spent In maintain- Library, I16 thus Yuma would lose source of constant rev enue, but would also be deprived of its city water frontage on the Colo rado, as the boundary line would then run 'between the greater portion of the town and the river, putting all of the river south of where it unites with, the Gila in California. The outcome of the case will -be watched for by many, not only on account of its Interesting legal aspects, but from the fact that it will affect so many and such varied inter ests to the territory. BELLE MEINHART'S STORY. She Figured in Public Before She De . parted to Die for Joseph Cuneo. SAN FRANCISCO, Aug. 31. Belle Meinhart, who, according to a morn ing newspaper story, was about to shoot herself because her obdurate parents had declined to permit her to wed the man of her choice, Is a young woman with a story. She resides with her .parents, who are well-to-do peo ple at 1312 Nebraska avenue. She has been known about town, however, as "Daisy Mason," and it was under that name that she appeared as one of the principal witnesses for the prosecution of Robert Phillips, one of the burg lars who was convicted of robbing the shop of Pawnbroker Oppenheim on Grant avenue, some months ago. Phil lips at the time of his arrest was living, with Daisy Mason at Pine and Califor nia.. They were both taken into cus tody, and were in jail when the police captured Phillips' companion, "Buck" Kelly. The woman turned upon Phil lips, the police say, to save herself from prosecution upon another charge, ana me result was his conviction. Since then the accomplice has pleaded guilty, and botJi will appear for sen tence before Judge Belcher on Satur day next. At the time of her arrest the woman was said to 'be engaged to Joseph Cuneo, the young man on whose ac count she said she wanted to die. ' SEVERE COMMENTS. Irish Paper Uses Strong Language to the Queen. DUBLIN, Aug. 31 The Kilkennv Journal, commenting on the release of Joiin Daly, the Irish political prisoner, trom Portland prison, says: "The red Indians' torture of the captives is humane when compared with the tor ture inflicted upon Daly in England." me periodical mentioned refers to the allusion in the queen's speech to tne outrages in Armenia, and adds: ihe queen can find nearer home more vent for her hypocritical tears Mian among the Kurds." and asks "Where's the queen's clemency? Daly was released a few months before death would have released him, and three others have been driven mad by torture in penal servitude compared wwa wnicn .Siberian exile is drawing- room imprisonment This is the way Victoria wishes to signalize her reien. &ne wouia not nave been a loss to the victims of her brutal rule in Ireland if she had gone years ago. At the pres ent moment she knows that she is standing In the way of those who wish to see her in her royal sepulcher, and she has neither the grace to abdicate nor tne Humanity to open her prisons to Irishmen until they precede her on the voyage from which none return." iMAY NOT CONFIRM. The New Secretary of Interior Not in Favor With Senators. WASHINGTON, Aug. 31. The an pointment of ex-Governor Francis to succeed Secretary Smith in the cabinet is the topic of the day. It is erenerallv agreed among these best informed on political matters here that Francis triumph ovor his political foea in Mis souri will be short-lived as it is not believed that .the senate will confirm him. It is well known that Francis is a mortal enemy of both senators from Missouri and should they so decide the senate will certainly refuse to con firm him. The policy which President Cleveland has mapped out has made certain that the supporters of the Chi cago platform will spare no effort to embarrass the remaining term of the administration and the appointment of Francis has placed a weapon in the 'bands or the president s opponents, wnicn tney will scarcely fail to use. GOLD IN THE TREASURY. NEW YORK, Aug. 31. The total de posits of gold In the sub-treasury in exchange for legal tenders up to 11:30 today amounted to $3,000,000. P. J. Morgan & Co. deposited $1,500,000; Hanover National bank, $500,000; Laz ard Freres, $500,000; Bank of Montreal. $500,000. The gold for import ordered on Thursday so far aggregates $18,-250,000. THE GOLD DEMOCRATS Meet in Convention at Indianapolis. They Will Nominate a Goldbug Candidate. A Possibility that President Cleve- land Will Receive the i Nomination, INDIANAPOLIS, Ang. 81. The del egates to ithe gold standard Demo cratic National "convention 'began to arrive this morning and the talk of candidates became more general,-but nothing developed early in the day to indicate which - way the- tide might turn. Florida caused much comment by telegraphing to have her -banners painted with a picture or -Cleveland and the words, "Our Choice," "upon it. Some delegates are opposed to making the nomination, but the indications are they will be in 4 hopeless minority. Perry Belmont was among the arrivals today. : He came as a looker on, but he will possibly hold a proxy from New York. : '' - Senator Vilas will mot permit the use of his name in connection : with the presidential nomination, was the news brought here today ByHBllis B. Usher, of Wisconsin. Mr. Vilas does not want the nomination in the first place, he said, and in. the second place he is for General Bragg, for whom the state is instructed. "From what learn of the situation it would ap pear that Henry Watterson will be Bragg's only formidable rival." Usher said he did mot believe there was any warrant for the statement that Vilas was an administration candidate. ON PIKE'S PEAK. First Accident to the Cog Road Since It Was Built COLORADO SPRINGS, Colo., Aug. 31. The first accident on the Pike's Peak cog railroad since it was opened five years ago occurred yesterday. The safety brakes on the cars prevented loss of life or iany serk-u-results. The side ibars on the driving wheels of the engine broke, rendering the com pressed air brakes useless. The engi neer and fireman saved themselves by jumping. The conductor stopped the passenger car, no coupling being used on the Toad, by applying, the auto matic brakes. The engine rushed down a 25 per cent grade with terrific speed, Jumped the track and the boiler exploded. The train was a special carrying General Frederick Harrison of the London & Northwestern rail road, and a party of English railway men watn ladies. TO WELCOME BRYAN. Grand Reception to Be Tendered the Chief. CLEVELAND, Aug. 31. William Jennings Bryan will receive a popular reception on his arrival here this af ternoon. His train is 'booked to arrive shortly before 4 o'clock and while he is being escorted from the train an army and navy presidential salute of twenty-one guns will be fired. nine reception committee of one hunared, with, a band, will meet him at the Union depot, and a route through the principal streets to the Hollenden hotel -has been mapped out. Here a public reception will 'be held until oclook. Tonight Mr. Bryan will speak at Central Armory and Music hall and in the event of the crowds being too large for these auditoriums, a third speech will be made from a platform in front of the hotel. TO RESTORE QUIET. Appointment of Pashas to 'be Military Commanders. CONSTANTINOPLE, Aug. 31. Vehby Pasha and Chakir Pasha have been appointed military commanders of Pera and Calate, respectively, with stringent orders to restore quiet. A commission was appointed on Friday by the minister of the police to inquire Into the revolutionary noting, consist ing of eight Christians and Mussul- men, Is sitting at the ministry of jus tice. Four hundred Musselmen, ex cused excesses, have already been ar rested. DRINK DID IT. A Detroit Man While , Drunk Shoots His Wife. DETROIT, Mioh., Aug. 31. Frank Reubten, aged 40, a member of an old French family, inherited considerable money recently and has 'been drinking heavily. Ths morning he went home drunk. His wife remonstrated. He shot her in the back, inflicting a mor tal wound. He also attempted to shoot his children, but both escaped injury. He then blew his brains out. GOLD 'DEMOCRATS. SYRACUSE, N. Y., Aug. -31. State convention of gold Democrats met here today. Daniel Griffin, of 'Watertown, was chosen temporary chairman. He made a speech denouncing the action, of the Chicago convention an un- j Democratic opposing of the MoKinley : protection ideas, and lauding Presi dent Cleveland as the greatest modern statesman. - VOYAGE OF THE FOX. Reception at Havre of the Tiny Craft Described by Consul hannceiior. tar k oxTTtaiTfiivr im stl TV CMan. cellor, the American consul at Havre, has Bent to the state department an elaborate report on the successful voy age of the rowboat Fox across the At lantic, illustrated by photographs of the two seamen, Harbo and Samuel son, as they arrived and several days later and characteristic scenes of their greeting in "Havre. The consul says they accomplished the voyage- from New York to Sciily, nearly 3,000 miles, in fifty-five days, thus establishing a record in daring seamanship and hu man endurance hitherto unknown to the world. The success of the enter prise will at least serve to Inspire con fidence and hope in those who from one cause or another may hereafter be forced to resort to pen boats on the open sea. The consul describes the approach of the Fox, which was sig nalled some hours before her arrival at Havre, and as she entered the dock opposite the consulate, the stars and stripes defaced and tattered, but glori ous even in rags, floating proudly at the stern, as ifr ejoicing in this new and hard-won victory on the sea. As they "were destitute, ithe consul gave them food and clothes out of the fund for destitute American seamen in for tign ports. PUGILISTS MEET. John L. Sullivan and Tom Sharkey Will Put on the Gloves. NEW YORK, Aug. 31. There will be a big crowd of sports tonight in Mad lson Square garden, where as the windup of one of Parson Davies' big events, Tom Sharkey, the "naval cham pion," who Is matched withj Corbett for the championship and a stake of $20,000, will put on the gloves with John L. Sullivan, provided that the big. man is sober enough to keep on his feet The 'bout, although only of four rounds, will afford eastern sports an opportunity of sizing up Sharkey's style and methods. G. A. R. Great Scene of Activity at The En- campment ST. PAUL, Aug. 31. With fifteen or more regular trains from all points of the compass and thirty-three spe cial trains during the morning, Union depot was a scene of the greatest ac tivity at the first Grand Army encamp ment wnrmander-inHChief I. N. Walker and staff were met at noon by the local posts and escorted to the Ryan hotel, where the National head quarters are established. ARIZONA MEXICANS. Supposed to Be Murdered by Indians in the Bad Lands. CHAMBERLAIN, S. D., Aug. 31. Last April two Mexicans came here from Arizona. They went to Sage Creek in the Bad Lands ' and began to manufacture a beverage of cactus and made a good deal of money from its sale to Indians and cowboys. Word now reaches here that they have been murdered and robbed and their cabin burned. AN OUTBREAK. BERLIN, Aug. 31. In an official dispatch from Manilla, the capital of the Phillippine islands, announces that a revolutionary outbreak has occurred there and that a state of siege has been proclaimed. The Spanish war ship Isle de Cuba has been ordered to the Phillippine islands immediately. WITH A SLEDGE. VICTOR, Cola, Aug. 31. While Jas. McKenzie, a miner at the Gold Coin, was holding a drill yesterday, he leaned forward to change his steel, The blow of the sledge descending at the moment struck his forehead and glanced down his face. He is fearfully injured and us thought to be blinded for life. . VISITS WEST POINT. NEW YORK, Aug. 31. Early this morning Li Hung Chang boarded the dispatch boat Dolphin to go to West Point. The ambassador will inspect iihe military academy. A proposed visit to the squadron off Tompkins ville was postponed. A RECEIVER. NEW YORK, Aug. 31 The Kings County Elevated Railroad company. operating in Brooklyn, has been placed in the hands of a receiver. EXPURGATED. ROME, Aug. 31. Emile Zola's novel "Rome," the inaccuracies of which have caused much comment here, has been placed upon the index expurga- torius. Marry, Repent and Mar ry Again. An Intricate Case Solved by a Pension Agent. The Soldier Uies, Leaving Severs Widows Legal Widow Afraid of the Pension.- The Kansas City Star says: Special Pension Examiner W. A. Spangler, at Kansas City, sent to the department at -Washington, D. C, yesterday a re port on what he said was the most intricate pension case that ever came . under his observation. It was a story of many marriages, involving a legal question of great perplexity. A wo man who married a soldier of the late war applied for a pension, as his widow. It developed that she was not -his legal widow; but instead, a womaa now living in Kansas City and mar ried to another man, is the legal widow, and is entitled to the pension. At the 'beginning of the war Andrew J. Clark, who lived at Bradford, Pa, enlisted and went to the front. Af ter his discharge he returned to Brad- .. ford, married, and went with bis wife to Sullivan county, Ind. They disa greed and the husband left home. The wife got a divorce, but was forbiddea to -marry within a year, as the officers had been unable to find Clark and no tify him of the proceedings. A defal cation while surveyor of Sullivan county had hastened Clark's departure. One child was born of the marriage. Clark went to Philadelphia and as sumed the name of Andrew J. Howe, retaining his true Initials. He became acquainted with a pretty waitress and the two went to Jersey City and were , married. The Indiana wife found a new husband within the year stipu lated by the court. The waitress hai been betrayed several years before by a traveling man. To avoid scandal the traveling man toad taken the waitress to Baltimore, where a child was born. He represented the waitress as his wife. The traveling man already had a wife and three children. He " had -ceased living with his wife because she was a morphine fiend. She met the waitress and the children were" taught to call the latter mother. In unraveling the case the pension department for a time was puzzled In deciding whether the traveling man was legally married to his second ; wife, the waitress, as it was not shown that he had secured a divorce from his first wife. It was decided that tJhe marriage to the waitress was not le gal. The two soon fell into discord- - and went through the legal formality of a divorce. Howe, the soldier of fortune and defaulter, went to Ger- ; manbown, Pa., after his separation from his waitress wife. In German town he married again. Several ehS-. dren were born of the last marriage. Wife No. 3 concluded one day that she would like to see her mother-in-law, Howe grew alarmed, fearing that his past would be revealed. He induced his wife to write to his married sister. The wife was shrewd, however, and it was not long until she knew her hus band's true name. Howe died about four years ago, and his last wife ap plied for a pension. The pension department was con- fronted by the question, who is Howe's - legal widow? To solve the puzzle it.? was necessary to secure testimony from as many as possible of the living principals. Mrs. Howe No. 2 and the alleged second wife of the traveling" man, when rolled into on person, -make the Philadelphia waitress. She " was lon-rt,i n Ksr"p.s Cit- tse - pension department Special Exam- " iner Spangler was instructed to inter view the woman. She is a .ood ink ing woman, happily married, and de voted to her home. She grew pale from fright when the pension agent visited her and .began to unfold her past She had lived for years secure in the hope that the great west had swallowed up the story of her early misfortunes. The visit of the pension examiner was not the woman's only embarrass ment. The pension department de cided that she was the legal widow of the soldier, Andrew J. Clark, alias Howe, whose last wife, now living near Philadelphia, is after the pension. The Kansas City widow does not want the pension. She wouldn't apply for it. even if she did want it, as the exposure would jeopardize her social position. The traveling man who betrayed the waitress is now a well known business man in Chicago, where he is manager of a large manufacturing concern. He is married again, and his wife believes that she is his second wife. COLORED TROOPS. CHICAGO, Aug. 31. The meetings held by rr-1-. .?towcrt, the jrig colored man, for the purpose of con veying -colored troops from the United States to fight for Cuba, have been at tended wiShi financial success every where, and it is thought the troops will be shipped from Key West aboul October 1. Jr.