Weekly epitaph. fOMBSTONK. AniZON'A.VKBnUARri3.l88'l l& Six-Page Edition. This Page is from the Daily of Thursday. Feb. 16.' "OVR COUItT HOUM"." Under the above caption the Tuc son Citizen gives the appended ac count of tho construction of Pima county's now official palace, which reminds the Epitaph that tho board of supervisors of Cochiso county, have, as yet, taken no steps toward the'erection of a court house for this county. At tho first session of the board, after the creation of the county, a plan embodying all the re quirements of a permanent com munity was adopted, and it was hoped, at that time, that tlit struc ture would, ere now, have been well along toward cqmplction. The question of titlo to a suitable lot bar red tho way for immediato ac tion, and tho matter rested. Suoh condition of affairs does not now stand in tho way of carrying out their original plans. Besides the ro moval of this obstaclo the board has sold thirty thousand dollars, worth of bonds upon which the taxpayers are now paying interest. This money has been, for several months, in the hands of tho county treasurer, either in his safo or deposited in some bank enriching tho holder of the de posit. Under these circumstances we call upon tho board for prompt and decisive action on the mattcrtof providing the county with suitable offices. By so doing they will save the cost of rents, which, added to the interest on the bonds, is no in considerable burden upon thn tax payers. Following is what the Citi zen says about thoir court house. The building of the courthouse has' ho far advanced that tho arrival o'f the iron grating alone retards the progress of tho work. The sills for tho flooring are down, and tho stone work- for tho basement is ontiroly completed, and whioh as a piece of work certainly has no superior in the territory. The supervisors are to be commended for their judgment in the selection of tho design, and tho contractor is to. bo congratulated on tho .thoroughness of tho work per formed, ana if the building bo com pleted in accordance with tho work already done, it will bo an honor not only to Tucson, but to tho entire ter ritory that will redound to the credit and good judgment of the supervis ors under whose care tho edifice is being constructed, and as tho work has thus far been dono so well, it would bo not only a pity but on the whole a loss to the tax-paying body of tho community, if the common burnt brick be used without further preparation, for although they are unquestionably good as their kind can be, thoy certainly are inferior in durability, loss attractive in appear ance, and because ot the slight differ ence in cost, aro consequently higher priced shall tho " tuck pointed'' or prepared brick which on account of its chemically impregnated face, its glassy surfaco is alike impervious to tho changing seasons. Never crumb, ling or chipping off under tho con tinued influences of dampness or time, and whioh will in twenty years be as sound, bright-looking and ap parently as now as when first put in Elaco. They resemble the pressed nok, and although equally as dura ble, are obtainable at a much less figure, and are in common uso for nil such buildings throughout tho east ern and western state-!. Is it not tUen adyisablo to make uso of them in tho construction of the present county work in preference to others which at their best will soon wear n dingy and unfinished appearance that will contrast tho more sharply with the better finish of its surroundings, and thb better they aro the moro glar ing the defeots of the building can be seen, so why hesitate about the using of tho best brick by which the buildingjcan bo completed in accord ance with tho work already besjuu? it is true that tho finish can bo after wards put on, but it will be moro expensive and necessarily less thor ough than if the finish becomes a part of tho construction as it would by the use of tho' tuck pointed brick. Wk hear it upon reliablo authority that tho causo oftho dismissal of tho charges preferred by Gen. Willcox against Gen. Carr was upou the grounds that tho charges were in spired by malico and not for the pub lic good. President Arthur, as commander-in-chief of tho army, should order an immediate investigation into the couro of Gen. Willcox in the conduct of the lato alleged cam paign. It is said that there is a standing order in the military department of Arizona, that soldiers when out upon a scout must not firo upon Indians that thoy may encounter, unless tho Indians first fire upon them. This being tho caso it is little wonder that no "good Indians" aro ever made, and that peaceful settlers aro left to the tender mercies of the nation's wards. One may well exclaim, "What a countryl what a people!" Thk Jiuggcfs new quarters; on Fourth " f-r n iA1ir .nmrtlfttthf. Tf trill fin Ubl ( Atl-,, bWIU4VIIUUl ! VW S4 A most remarkable proceeding took place in tho -justice - court of Wells Spicer, yesterday. In the caso of tho Territory vs. John Chenoweth and Mrs. Rutan thero wore several! witnesses present for tho people, but tho deputy district attorney. Mr. Frazcr, dcolined to have more than one of them examined, and that the prosecuting witness. Judgo Spicer not feeling satisfied with this sum mary proceeding put another witness on the stand, whereupon his deputy ship joined with defendant's counsel in objections to such proceedings, theiefore tho witness was dismissed, tho judge not feeling it his province to opposo tho law officer of tho coun ty in proseouting the case further. Tho charge upon which defendants were arraigned was a grave one tho whipping of a servant and should be investigated to the vory bottom. If the prosecution of al leged criminals is to be thwarted by a public official, and that official the acting law officer of tho county, then good-bye to justice. We do not ad vocate the persecution of any person by virtue of the power vested in the district attorney, nor will tho people justify such a course; neither will they justify tho screening of orime by virtue of the samo power. This is a case that calls for prompt and de cided action on tho part of District Attorney Prico, who is now, unfortu nately, absent in Tucson. TUCSOX 1TKMM. From the Citizen, Feb. IS. Tho surveyors for the Port Lobos & Gulf railroad arrived yesterday from San Francisco, and will leave' Tucson for tho purpose of surveying tho lino tomorrow or next day. Col. Chalmers Scott, Mr. C. H. Van Buren and Mr. Batemen will reprosent the Central and Southern Pacifio roads. Gov.Tritle and other gentlemen who accompany them represent tho Tuc son& Gulf railroad. On Monday night at Ezekielsville Mr. Mark lizekiels took a shot at a cow-boy with marked success. The desperado had hit a man over the head, with his shotgun, after which he went to lUekiols's stable to take a horse and escape. Mark, hearing a racket in tho barn, armed himself with a pistol and mado a olose reoon nuisanco, and finding tho position of tho enemy opened firo and shot him in tho arm. He turned tho fellow ovor to an officer and is now in the Pima county jail. The Tucson band last night seren aded Gov. Tritle, who responded in ono of his happy speeches, whon all wero invited into tho house, where was placed before them something that cheered the inner man. The governor speaks highly of thoir pro ficiency in tho horn line. Before Justice Hinlth. The hearing of tho caso of the Earps and Holliday came up before Justice J. B. Smith in tho District court room yesterday morning. Tho counstl for the defease asked for the production of tho papers by which the de fendants were held, that they might fully .now and examine the nature of the liiargo. It was stated by tho court that Buck pipers wero left at Contention, whereupon Mr. Herring demanded' tho discharge of he prisoners and moved to that effect, but die court denied the motion. Mr. Herring then produced and read an illidavit asserting thai an examination of these same gentlemen, for the same offense as now charged, had once been held before Judge Spicer, and that they were dis charged, as suflicicnt evidence could not 'iu found against them; also an affidavit of I.IS.Couistock, a grand juror in a former ex. mutation, showing that the jury in said former examination had failed to find a till against the parties, and in view of licse facts the counsel moved their (lis Marge. Judge Robinson for the prosecution irgucit at length against granting the mo tion. The com t refused to discharge the pns nurs. Mr. Herring icnovtetl his demand for iiu papers in tho case, and they not being itnught forth, moved thai the gentlemen iw held belore the court be discharged, t hu motion was denied, and the court at 1 1 :o0 adjourned until to-motrow morning it 10 o'clock. , m m . ' Tho Knights' Iln.ll. The lutiucss of tho hour prevented our .'Irlng the details of so.pe of the more .(tractive features of the Knights of Pythias' ball on Tuesday night. The raud march deserved especial commend 1 1 ion lor the completeness of the drill dis played, the con ectness of tho maneuvers, i.d the picturesque effect of the various groupings and alignments. A notable future was the glittering arch of steel i-rmed by.tbc crossed swords of the mem- us of the Uniform rank, under which ho guests filed in single column, and in vos, threes and fours. The crowning feature of the evening, "cvcr, was the supper table, which was thing of beauty and a joy for half-an-''ur. At midnight the stage curtain, ihich had remained down all the evening, ni'.e slowly to appropriate music, and re- c;.led a scene which persuasively up. talcil to tho sense ot beauty and the sen utionof hunger of the expectant guests, .tul calcium lights on each side of the -i:igo cast their lurid glare on long rows of ibles, loaded down with tempting viands nistically arranged and decorated with .11 tho a plianccs ol culinary art. This .bleau was greeted with heaily applause, .. which tho popular caterer, I. Jacobs, owed a graceful acknowledgment. Rubinstein, Von Bulow, Essipoff, Joseffy, Wilhelmj and Patti aro all giving concerts this year. Thank heaven, thorcVouo " Smith Concert &M iBrister, TELEGRAPHIC. Waifs- from tVashluitttn. New York, Fob. 15. The Com-; mercial Advertiser's Washington special assorts that Sargent and Chandler will soon enter the cabinet. Washington, Feb. 15. Senator Miller to-day gavo'nottce thai he will move to take up the Chinese bill for action as soon as the pending anti polygamy bill is disposed of, which! 'may be this afternoon. Arturo Ubico, formerly minister plenipotentiary to the United States from Guatemala, having been trans ferred by his government to Rome, had an audience to-day with tho president, and presented his letter of recall. The senate has taken up the ju diciary committee's bill for the sup pression of polygamy in Utah. Ono new section adopted provides that any man cohabiting with more than 'one woman shall be fined $300 or im "prisoned for six months, or both, for 'each and every offense. The bill Will pass the senate this afternoon, 'as there is no opposition. In the debate' in tho house to-day on tho apportionment bill, Page said ho believed the fact had been 'demonstrated that the bill of the committee would bo voted.down by a large majority. The discussion had shown the fact that the members on both sides wanted fair play, and speaking for the people of California, he thanked them for the earnestness and energy with which they had com battedi the effort which had been made to perpetrate an injustice upon that state. Argument on the straw bonds star route cases closed to-day. Col. Bliss bontended that1 all that was necessary to bo established was the existence of such facts as would justify a mag istrate in sending the cases to the jury. Hines, for the defense, intima ted that tho prosecution of hs cli ents by the government was tho out growth of private malice. The court announced that its decision would bo rendered to-morrow. The president has sent the follow ing nominations to the senate: U. S. consuls Bruno Tyschuk, of Nebras ka, Vera Cruz; Thos. Wilson, Dis trict of Columbia, Nantes; George Gifford, Maine, Lorechclli. The trial of Sergeant Mason, who shot, at Guitoau, will be called on Monday. Contested Seats In the House. Washington, Feb. 15. The com mittee on elections of the house to night considered the Campbell-Cannon contest. Another session is ap pointed for to-morrow morning, at which it is expected a decision will be reached. Tho opinion generally expressed is that the committee will roport in favor of sending the elec tion back to the people of Utah. It is doubtful it such a report will be accepted by the house. Many of the best lawyers of that body aro agreed that the fact of Cannon's polyga mous record is not a giound upon which tho house can legally deny him admission, while it is quite within tho province of tho house to expel him on that account. It is urged that should he now go back to tho people ho would undoubtedly be reelected by a large majority, as before, and the result would be rather to add to his power and popu larity in the territory. Should he, however, be seated, and then by a two-thirds vote be expelled, he could not again be admitted to the present house of representatives, if prece dents are followed, nor probably to any subsequent house. The caso of Smyth against Rob ertson, sixth Louisiana district, will bo dismissed at its session to-morrow. This, with the contested cases of Lanier against King, third Louis iana, and Mabison against Otes, third Alabama, was dismissed upon the theory voted by the committee that thoy will not go into any caso in which the contestant does not claim to have received an actual majority of votes put into tho ballot-boxes, claim only being made that intimida tion prevented a free election, which would have resulted in the election of contestant. Contestants, however, in each of tho above cases will file a memorial asserting that the sitting members should be unscatod because of improper and illegal practices at election. Tho same course will be pursued as to several o'her contests, whioh will be in turn dismissed by the committee on elections. The Washington llcpubllcau. Chicago, Feb. 14. A Washington special says: The following is tho board elected under the new owner ship of tho Republican: Hallett Kil bourn, G. C. Gorham, Frank Hatton, F. F. Conger, Wrn. A. Patton, Robt. G. Dun and Geo. Bliss. Tho new names in tho directory are Frank Hatton of Iowa, first-assistant postmaster-general; Wm. x. Patton of New York, representing somo New York capitalists; Robt. G. Dun, of Dun, Barlow & Co., and Geo. Bliss, of New York, -a Urge capitalist, ac tive lawy6r and lifetime personal friend of President Arthur, "a man who is supposed to know more se crets of the administration than any member of the cabinet, and who has been appointed by the president special codnsel to take chargo of the star route cases. It remains to be 'seen whether this -paper will pursue the same course toward the star route prosecuii is that it has from the be ginning. It would be eurious to see a nowspa'per ef which Geo. Bliss is trustee and tho-control of tho stock' of which he is supposed to have ac quired, attaoking the star route- pros ecutions, of which he is himself a chief defendant. There are those who say it never has been the inten tion of the administration to press the star route suits. Evidently Gen. MacVeagh is one of those who hold this view. Possibly tho course of the Republican will solve this problem. New 'orklltIaiure.1- Albany, Feb. 15. Johnson is eleoted clerk of 'the assembly. Tam many supporting him; Tammany goes over to tho repub licans in both houses of the legis lature. In the senate Mr. Pitts called up his resolution to vest ap pointment of committees in the lieutenant governor. The three Tammany senators voted with the republicans and adop'ted the reso lution, and the lieutenant governor will now appoint the standing com mittees. Wagner's Successor. Schenectady, N. Y., Feb. 15. Chas. Stanford has been nominated by the republicans to fill tho vacancy caused by the death of Senator Wag ner. Nkw ITokk, Feb. 15. Chas. Stan ford, who was nominated 'by the Re publicans, at Schenectady; to-day, to fill tho vacancy in the state senate caused by the 'death of Webster Wag ner, has already served two terms and gained an enviable reputation as a legislator. He is a brother of ex Governor Stanford, ol California. Ice Breaklnjc Dp. Albany, N, Y., Feb. 15. The ice is breaking up. Grain elevators op posite the city are reported 'carried away; The water is over the river banks. The Southern Floods. Nkw Orleans, Feb. 15, The steamer Mike Davis, from the over flowed section of St. Franois river, reports great damage. Boats are re moving families and stock to safe places. Land Slide. New York, Feb. 15. A Times special from Ashervillr, N. C, says: Information from Bald Mountain states that yesterday a fearful crash was heard in the neighborhood of Bakersville. A-rumb'.ing and craok ling noise preceding a crash was heard for miles. Investigation de veloped the fact that a large portion of the peak had disappeared in the fertile and beautiful valley below. A slice of half a mile square has melted away. Threatened Hostilities. Richmond, Feb. 15. Hostile cor respondence is in progress this even ing between senators Riddleberger and Smith over some reflections in the chamber to-day. Later The Smith and Riddle berger difficulty has been arranged with satisfaction to all parties. Itallroad Tax Haiti). San Francisco, Feb. 15. The Southern Pacific railroad company brought suit in tho Superior court to day against the tax collectors and sheriff's officers of the counties of tho state through which the road and its branches run, asking that defendants be required to accept the amounts tendered by plaintiffs in satisfaction ef tax liens; that the liens be re moved and defendants enjoined pending further proceedings under orders of the state board of equalization. X Slight Success. San Francisco, Feb. 15. At the Merchants' Exchange call to-day fifty sharos of Safety Powder com pany changed hands. The promo ters of the call are jubilant accord ingly, and predict success with a lit tle time to get down to their bear ings. Providing for the Refugees. Philadelphia, Feb. 15. At a meetirig to-day called by the mayor to make provision for the Jewish ref ugees from Russia, $5000 was sub scribed. Another publio meeting will soon bo held. lr Uenry Parke. New York, Feb. 15. A special meeting of the Chamber of Com merce was held to-day to meet Sir Henry Parkos and to hear an ad dress by him on the commercial re lations existing between this country and Australia. Sir Henry was ac comuanied.Jjy,, Cyrus ,W. Field. S. :" PiftKir, . oinirq. 1-V -TaTP BW . JT u. Mctawie-T duced tho distinguished gentleman. who thanked the chamber for the welcome accorded. He then pro ceeded with his' address, giving,, de scription of the six colonies,. indicat ing that in a few years the group would become, a vast .empire and a great power, Hetamed-to-'h ma -Boston.t Feb. H The body of the lato Ko Khun Kua, professor of Chinese literature at Ilaivard uni 'versityhas been enclosed in a leaden 'casket and sent to China. A (Vernation Society. San Francisco, Feb. 15. Ar tides of incorporations were filed this afternoon of the first cremation ,society of San Francisco. The ob ject 'of the association is, the erection and maintenance of a hall to cremate the dead, and by actual trial to seek to popularize cremation and hasten its universal adoption. There is no capital stock. The promoters are Mostly Germans. Tho Mohave Ilranch. San Francisco, Feb. 15. Ground was broken at Mohavo yesterday on that section of the Atlantic & Pacifio railroad, to be built by the Southern Pacifio from Mohave to the Needles, on the Colorado river. A large force of Chinamen are on the ground and an abundance of material on hand and en route. Death. Philadelphia, Feb. 15. John 'McDonougH, the well-known actor, died this morning. LOCAli SFlilXTEKS James C. "Flood is setting out an avenue of the European linden, the finest' shade tree known, to lead up to his Menlo park villa". The Tombstone M. & M. Co. shipped through Wells, Fargo & Co.'s express, six bars of bullion weighing 12,032 pounds, valued at $15,040. In the police court yesterday before Judge 'Wallace, Ben MaynaTd and D. Q. Tipton were each fined $30 and costs for L carrying deadly weapons. Robert Ecclkston, Esq., returned from his visit East last evening looking hale and hearty. His many friends were plcased'to welcome his return. A warrant was issued by Judge Spicer yesterday for the arrest of tlen Maynard, ckarged with an assault with attempt to kill, being sworn out on complaint of B. R. Tipton. Ex-Secretart Blaine's South Ameri can diplomacy is the uppermoit topic of conversation in diplomatic circles in Washington, and there seems to be nn usual freedom of individual opinions. There was quite a little stir on Allen street yesterday, afternoon in which one man was knocked down, though not badly hurt. A policeman promptly put a miie- tus to what had 'all the appearance of being a serious row, by arresting the par ties and marching' them before his honor. Work is shortly to be inaugurated in the construction of a military telegraph line between Phenix. and Port McDowell. The necessary material is on hand, and Mr. Lord, who is to have charge of the work, is in Phenix, awaiting the arrival of a detail of men. Early yesterday morning the wall be tween the livery sttble of Mr. Z. II. Taylor and the yard in the rear of tho Grand kotel, having become weakened by the ram, fell leaving that side of the stable a wreck; had the wall fallen the other way a great number of horses would have been injured. The rain kept up a constant patter all Tuesday night and until a lato hour Wed nesday morning, and as a consequence the streets are seas of mud, not without bot tom, however, as the solid concrete cement lies about three inches from the surface. Auout 8:20 last evening a pistol shot was heard in front of the Grand hotel which, fur a moment, caused a silence of suspence, when a crowd broke for the spot, where it was found that a pistol care lessly handled by a person whoso name our reporter was unable to learn, acci dentally went off", wounding him in the knee. Wk received a pleasant call last even ing, from J. W. Hohstadt and G. K. Wood ward, residents of the O.jo de Aqua, on the Ijonora river. Mr. Ilohstadt Is a stock man and mine owner, ho having a fine property in the Sierra de Manzanal and others near Bucuachl aud Basochuca, Mr. Woodward left Red Bluffs early last year and has spent the last seven months, in company with F. J. Tomb, traveling in Sonora, having been as far west as Maz atlan, visiting Guaymas, Hermosillo, Anzpe and the Yaqul river, having now settled down to opening his mines near the Ojo de Aqua. lie speaks in hitch terms of the Yaqui country and says the natives are industrious and peacefully in clined, but will fight if moleste 1 in their possessions. Yesterday was a lively day in the Earp-Holliday case. Judge Smith came up from Contention, and opened court at 10 a. m., when the case was taken up on a technical point and ably argued by Wil liam Herring, Esq , for the defendants and Judge Robinson fur the prosecution. At the close of the arguments Judge Smith took the matter under advisement until 4 o'clock, to which hour he adjourned court In the mean time a writ of habeas corpus w as issued by J. H. Lucas, Esq., probate judge, returnable forthwith. The points upon which thewiit was issued Mere ar gued by Mr. Herring and against by Ben. Goodrich, Esq Upon mature deliberation Judgo Lucas sustained the writ. The full text of the decision will be found in anoth er column, and will be read with interest by the entire community. It is an able document and settles, we trust, for all-time in this county, the queslion as to how many times a person may le arrested on the same charge. z HE FIXAIi IHPOMITIWHr OP T18E KAIU CAME. e- The Application for a Writ of Ha beas Corpui and the Kelenso of the Prisoners. ' A second application for a writ of ha beas corpus, in the case of Wyatt and Morgan Eaip and J. II. Ifolliday, was made before Judge Lucas yesterday after noon. Mr. Herring, in behalf of the ap. plicants, read their petition setting forth that tho prisoners had twice been before the magistrate and no charge had been presented to them; that, the justice had failed, after the applicants had appeared before him, to commit them t" the custody of the sheritT, and hence they were ille gally held. t J. B. Smith, the magistrate, was sworn and testified that the above iacu were true. A recess was taken until 4 o'clock, dur ing which time the court considered the matter. Upon reassembling, the counsel for the prosecution presented a new warrant, is sued by Justice Smith, but the court de clared that it was void and that the offi cers were not under obligations to carry out'its stipulations. The conn then discharged the prisoners, after having given the following -opinion: opinion. Before the Probate Judge of Cochise county, A. T.1 Ex-parte J. II. Holliday, Wyalt Earp and Morgan Earp Habeas Corpus. In this case, petitioners allege iu ihcir petition that the shcritf of Cochise county is unlawfully' restraining them of their liberty. To the writ issued by the pro bate judge, the sherilf makes his return setting out a warrant of arrest Issued by J, B. Smith, a committinc magistrate of this county, on a charge of murder made by Isaac Wanton, as his authoritr to hold the petitioners in prison. Petitioners, In reply to the return of the sheriff, to show that their imprisonment is unlawful, al lege, that they had been taken before said magistrate for examination on said charge, at his office at Contention, on'the 14th day ot February, 1883, at which time the said magistrate adjourned the hearing to February 15th. 1882, at Tomb stone, and on said day said petitioners again appeared before the said magistrate, at said Tombstone, when the examination was again adjourned to a future day, but that .said magistrate had not made any order of commitment for examination of said petitioners' to the custody of the sheriff. Neither does the copy of the warrant attached to the return of the war rant show any indorsement of commit ment thereon. Sec. 129, procedure In criminal cases, compiled laws, reads:. "If an adjournment be had for any cause, tho magistrate shall commit -the deiendant for examination," etc., etc. Sec. 130 provides: "The commitment for examination shall be by an indorsement, signed by the magistrate, on the warrant of arrest, to the following effect: 'The within named A. B., having been brought before me under-this warrant, is commit ted for examination to the sheriff of, etc., etc.' " The warrant of on est is authority to the officer to arrest the party and take him bo fore the magistrate; when that is done, his authority ceases under the w.arrant, and it is the duty'of the magistrate to commit the defendant to the custody of the officer by indorsement on the warrant (or allow him bail), and the commitment then Becomes the authority of tfie officer for holding the prisoner. If the magis trate fails to make the order of commit ment, and adjourns his court, the prisoner is as free as any one, and the sheritl is with out authority to hold him. It necessarily follows that the detention of the petitioners is unlawful, and they J must oe uisciiargea, unless, uy tne author ity of section 22 of the habeas corpus act, page 376, compiled laws, the court or judge should think they ought not to be discharged, in which event he shall pro ceed with the examination. This section gives a discretionaiypower to the judge, and in acting under it he must be gov erned by all the circumstances of the case. In this case an affidavit of Isaae Clan ton is offered, alleging that petitioners are guilty of murder, etc., etc. The affidavit would be sufficient to move the di?cretIon of the court to put petitioners on their ex animation if there was nothing else to be considered. Strictly speaking, there is no other proof, so far submitted, and I do not deem it necessary to receive any evidence to counteract said affidavit. The facts of a former examination of the parties for the same offence, by a committing magistrate, occupying weeks, the discharge, and the silting of a grand jury in this county since the allegcil offence, aro so notorious, that I feel justified In taking judicial notice thereor. Whether pctiouers are guilty or not, it is apparent to any reas enable being that an examination at this time -could serve no good purpose. The evidence (depositions) of the various wit nesses is now in the possession of the District court, and another examination would simply duplicate it, and Mhcn they have been discharged by one magis trate, and a failure to indict by one grand jury, it would seem to be unwise to enter into nn examination anew at this time. Whilst a discharge by a magistrate is not absolutely a bar to another examination, yet, unless new evidence should be dis covered, or circumstances occur subse quent to the first examination sufficient to appeal to the discietion of the magis trate, it ought to be, in effect, a bar, and is a sufficient reason for a magistrate to re fuse a second examination. Entertaining these views, it is my judgment that the petitioners be discharged, and it is so ordered. J. II. Lccas, Probate Judge. order ok nibCiiAiton. In the Probate Court of the County of Co chise, Territory of Arizona. The Territory of Arizona upon the com plaint of J. I. Clanton, ex rel. Wvatt Earp, Morgan Earp nnd J. II. Holliday. A witt of habeas corpus having been is sued herein by the Hon. J. H. Lucas upon the petition ot the above named relators. directed to J. II. Behan, sherilf ol tho county of Cochise, and n return Imvinn- been made to said writ bv said sheriff, and allegations having been made by the said relators that their detention by siid sheriff is without lawful commitment, and an issue having been raised by the denial ot said allegations on the part ol the respondent, and this court having proceed, cd to hear tcstimnny in lelatiou thereto, and a motion having been made by coun sel for complainant and respondent for leave for the sherilf to amend his return by showing that since the return of the writ and a hearing thereupon a warrant of commitment had been signed by J. B. Smith, justice of the peace in and for Co chise county, committing the relators to the custody ol the sheriff, and said motion harlug been denied, and after hearing William Herring, counsel for the relators, and Benjamin Goodiich for the respond, ent, and it appearing that the detention of said relators by said sheriff is without law. ful commitment, and after reading the affi davit of J. I. Clanton, filed herein, It ;is ordered, That the lelators, tho said Wyatt Earp, Morgan Earp and J. II. Holliday, be, and they hereby are discharged trom the custo dy of said sheriff. J. H. Lucas, Probate Judge. The Wrelrtj' KpMapq large pace. MINING APPLICATIONS. Hret.l'ubllomon Doc. 12, IStJI Application Xo. 147, for n Patent to the he w Nun JMeco .ttinliic Claim TTNITEI) STATES LASH OFFICE.TttChO hereby gtwu that tte Worouoco Mlnlug Company, by Its ; ut, A. L. fowler, ofTombetonu, Cochlte county, Arizona, him bad flltil lt application for a pater t for lmjlutar feet t tho ban Diego nilnu ur iLin Hearing Bluer wliu aunace grouua oiai ieei In width, situated in Tombntore mining district, t'ochii"! county, Arizoua. and designated by tbo field Holes and official plat of urvey on file In Ibia oaico ae lot No. 101, defcrlbcd uu follows, to lt: Vuriatiou lir 63 eatt. Beginning at the Initial monument of the claim, at a jiake 1x4 lnehea by 3 feet long, eet In the ground 4 ft with nail 'lu tbe top at center, marked "I. N.' from which dis covery ehalt -Ii8 200 feet deep, bears aouth 45' west i feet distant, and Incline 4x8 TO feet, bears Fouth 22' W west 250 feet distant; thence south tT Si' west 750 feet to south end center of claim, to a stake4x4 Inches, Sfeet long, set in mound oi tones, marked "S. 1. Jit. CJt'o. 1;" thence aontu 677' east 3u0 feet to southiast corner of claim, to a stake 4x4 Inches, 6 feet .ocg, in mound of stones, marked '-S. D. M. (1. No. 2:" thence north 24 M east 1415 feet to northeast corner of claim to a stake 4x4 Inches 5 feet long, in mound of stones, marked "b; D-M.U. No. 3;'' thence north 67' V west 300 feet to northeast center of claim, to a stake 4x4 lcchea.fi feit.long.-ln monud ofstonea, marked S.D. M. C. No 4." and 600 feet to north east corner of claim, to a e take 4x4 lnehea, S feet long, set in mound of stonea, marked "S. D. M. O. No. C." from which U. B. ii.il. No. l.Jears north 711 31' wist 6427 feet distant; thence south 22 &' west 111S feet to southwest corner of claim, to a stake 4x4 Inches. 5 feet long. In mound of (tones, marked "S. D. M. C. No. ;" thence south 7 7' east 300 feet to south end center of claim, and filaceof beglutngof tbe exterior survey; contain ug 194S-1U0 acres. The San Diego claim la bounded on the north by the "Le Orand,' on the ca&iuywe "Vermont -u und uu tbo vtcet hj the "LuC." claims. The notice of location of this mine was record, ed In the office of the Recorder of Cochise cconty, Arizona, August 3d, 1831, on page 356, nook x, Record of Mines, Any and all persons claiming adversely the whole or any portion of said San Diego mining claim arc required to present their aderse claim, to be filed in this office during tbe sixty daya pe riod of publication hereof, or they will be tarred by virtue of the provision of the statute. HKNUY COUSINS, Register. It Is ordered that the above notice be published sixty days in the Wkeki.t KriTArn, a newspaper issued at Tombstone, Cachisc county, Arizona w klch Is designed as published nearest said claim HENUY COUSINS, Reglaler. First publication, December 19, 1881.) Application Xo. 148 for a Patent to the Retriever Mlntiin; Claims. UNITED STATES LAND OFFICE, TUC son, Arizona, December 13, 1SSI. Notice la hereby given that the Larimore Silver Mining Company, whose jjottofflce addresa la In care of T. L Stiles, Tucson, l'lma county, Arizona, has this day fled its application for a patent for fifteen hundred linear feet ol the Retriever Mine or vein bearing gold and sliver, with surface ground six hundred feet In width, situated In Swlssbelm Mining District, county of Cochise, and territory of Arizona, and designated by the field notca and olllcial plat on file In this ofice as lot No. 40 In said district, said lot No. 40 jclng at follows, to wit: Deglnning at the lnlVal monument of claim, being also the monument No . 6 of lot No. 3V, at post 4 feet blgb, 2x4 Inches, In monument of stones, and marked " I. M. K. M. C.No. 1," thence south 80 30' east, 300 feet to southeast corner of claim, to post 4 feet high, 2x4 In. In monument or stones, and marked " 11. M. C. No. 2 ;" thence north 3 45' west 15U0 feet to northeast corner of claim to post 4 feet ilgb, 2x1 in., in a monument of stones, and marked "It. M. 0. No. 3," whence United States mineral monument No. 1 Swiss helm district bears south 53 east 119 feet distant; thence north bU 31 west 300 feet to north end cen ter monument to post 4 feet high 2x4 Inches In a monument of stones, and marked "It. il. C. No. 4:" aud thenee contlnalng ic the last mentioned direction to 600 feet, to a post 4 feet high 2x4 Inches, set In a monument of stones, and marked IC M. C. No. 5; thence aouth 3 45' east 15U0 feet to th j soutbu est corn n of claim, to a post 4 feati high 2x4 Inches, set In a monument of atones, marked "R. M. C. No. 6," whence United State Mineral Monument No. 1 bears north 23 SO' eaat 145-ifect distant; and thence south DO 30' east 300 feet to the place of beginning. Magnetic varia tion 1L 15'. Containing 30.10 acres. 'Ihe location ol this mine Is recorded lu tbe Recorder's Office of Cochise county, Arizona. In Books 1 and of Mines, transcribed records, at pages 757 and 212 reipecthelv. The adjoining claimants are' the Larimore Slher Mining Company. Any and ail persons claiming adversely any portion of said itctrlcver mine or surface ground are rrqulrcd to file their adterse claims with the Regtet.r ef the United States LaLd Office at Tucson, In tho territory of Arizona, during the sixty days period of publication heieof, or they will be barred by vtrtn of tbe provisions of the statute. HENRY COUSINS, ReglJter. T. L. Stiles, Attorney lor claimants, Tuciou, A,T. It is hereby ordered that the foregoing notice of application for patent be published for the period ol sixty das,tcuconaecutte weeks in the Weekly Tombstone Kpltaph, n newspaper published at Tombstone. Cochise countv. Arizona territory. hereby designated by me as published nearest aiieu claim lit. .Mil uuuaias, Register. Hummona. ' IN THE JUSTICE'S COURT OF BENSON, precinct No. 29. Territory or Arizona, In and lor me' county of Cochise: E.fiennaln and J. W. Montgomery, plaintiffs, vs. Joseph Bunting, de fendant. Ihe people of tbe Territory of Arizona send greeting to Joseph Bunting, defendant:-' Youdrcheieoy required toapnearln an action brought against you by thoaboie nameJ plalntifls in the Justice's couit, Benson, precinct No. 2V, oi ihe Territory of Arizona, In and for the county of Cochise, and to answer the complaint filed therein within sixty da a. to wit, on the. first day of il arch, A. D. Ibs2, or judgment will be taken against ou lor the amount prayed lor In suld complaint. '1 he said action Is brought to recover of you the sum ol one hundred and twelve and 3d 1O0 ($ll2.3d) dollars, with Interest from the firs day of July, A. D. 1881, as on account stated be tweenyouand the plaintiff, and for money re cehed, and lor goods solu and delivered to and at your request, as will more fully appear by com plaint on file in the office or I. N.Mundell, Jus tice of the 1'eace In Benson, to which reference la here made. And you are hereby notified that if you lau v appear ana answer me Bam complaint a aooe required, the said plaintiffs will take judg ment acu ust yon fur the sum of one hundred and twelve and 30 100 ($112.36) dollars, Interest and costs of nult. Given under my hand this 13th day of Decem ber, A. D. 1881. I. N.MUNDELL, Justice of the Peace, I'reclnct No. 29. AHHeHsnient Notice. TOJOHNYEAGKR, WM. SIMMONS AND D. E, Eetc, or their heirs or assigns : You are hereby notified that the undersigned, J. V. Beard, i.us completed the assessment work for 1881, as requited by law on the Mountain Queen mine, situated In lluachuca Mountains, In what It known as Montezuma Canyon (located Much 3, 18t0j Cochise county, Arizona '1 errltory , and that our proportion of the cost of said assessment work, amounting to S0 ($.'0cach), and Ihe cost of publication of this notice la now due and pay able to me. And notice Is hereby farther given that, If before the expiration of ninety (90) days from the first publication of this notice, yon do not pay your portion ef said expense legal, all our right, title and Interest In and f said mine w HI be forleltcd to me, as provided by law. J. W. BEARD, Tombi-tone, A. T December 31, 1881. Assessment Xotlcc. CITY OF TOMBSTONE, COUNTY OF CO chisc. Territory of Arizona, January 7th, 1882. To John Crilllng: You are hereby notified that ons hundred dollars worth of assessment work, as required by law for the year 18S1, has been done on Empire mining clalm,about one mile aouth of Iron Springs, iu or near the cast end of Mule Pass, Mule mountains, Warren District, Cochise county, Arizona, which claim was locatid Juno 11th, 1880, and legally recorded June 28th, 1880: thai I have paid the share of expense for said work due from you. and unless yon repay the samo to me, together with cost of this notice, within ninety days from tbe period of its publication, )onr interest lu said mining claim will be for. lelted. JaSWmw. II. II. TUTTLK. -Notice to Creditors. ESTATE OF M.McCALIbTER, DECEASED. Notice la hereby given by tbo undersigned, admlnlstratoi of the Cbtate of M, McCalUter, de ceased, to the creditors of, and all persona having claims against the said deceased, to exhibit them, with the necessary vouchers, within ten months after the first publication of this notice, to tt" saia aaministrator, at tne law omce oi ueo. i. Williams, northwest corner of Fourth and Fre mont streets, in Tombstone, Cochise county, Ari zona. L. II. UALSTEAD, Administrator of tbo Estate of M. McCaltal' eceased. DR. SPINNEY, XO. II KEAItXV KTKEKT, TrentH all Chronic A Mpeeial Diseases. YOUNG MEN. Who may be suffering from the effects of youthful follies or Indiscretions will do well to avail them selves of this, the greatest boon ever laid at the altar of suflcrlng humanity. DR. SPINNEY will guarantee to forloll J500for every case or Seminal weakness or private disease of any kind or charac ter which he undertakes and falls to cure, MIDDLE-AGED MEN. There arc many at the age of 30 to 60 wh are troubled with too frequent evacuation of tbe blad der, often accompanied by a slight ".mailing or burning sensation and a weakening ol the system In a manner the patient cannot account for. On examining the urinary deposits a ropy sediment vv 111 often be found and sometimes small particles of albumen will appear, or the color will be of a thin mllkleh hue, again changing to a dark and torpid appearance. There are mar.y men who die of this difficulty, Ignorant of tbe cause, which Is the second stage of seminal weakness. Dr. S. will guarautee a perfect cure In all such cases, and a healthy restoration of the gentto-urlnary rrgans. Office hours 10 to 4 ana 6 to 8. Snndao from 10 to 11 a. m. Consultation free. Thoti".ih ex amluatlon and advice $5. Call or addresa DR. SPINNEY CO., No. 11 Kearnr street, San Frrwrlseo. f 1 ; H& .rP' C j-..MHb)A JkT.'T-.. o. '.-J iSJP KTXTk .iJ '.v;W5aB&. r TM3pP;riJrtjL, jonina mBm wRPERf mm&mm