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The Tombstone epitaph. [volume] (Tombstone, Pima County, Ariz.) 1880-1882, February 20, 1882, Image 2

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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.
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