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Bisbee daily review. (Bisbee, Ariz.) 1901-1971, October 02, 1912, Image 1

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Persistent link: http://chroniclingamerica.loc.gov/lccn/sn84024827/1912-10-02/ed-1/seq-1/

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Noted Lawsuit Against Mar.
tin Cost ello for Account
in Deals in Mines
Is Ended
Twelve Questions Submitted
by the Plaintiff and Ten
by Defendant Arc
Heard by Jurj
(Sec!al to Dally Review)
TOMBSTONE. Oct. '.A verdict
was rendered by the Jury In the Cun-nlngha'n-Costello
case this morning
In Tombstone, and this verdict was
In favor of the plaintiff on all the
questions submitted Vy counsel in
the case. The findings of the Jury
vero unanimous on sixteen of the
questions submitted, and on six the
Jury stood eleven to one.
This case occupied the entire sir
days of last week, and the arguments
or counsel were listened to by. the
Jury yesterday.
Suit One of Equity
The suit Is one in equity, wherein
the jury was charged with only find
ing as to the facts, and the verdict
was in the shape of answers to a
scries of questions submitted by coun
sel for loth plaintiff and defendant.
The suit is one brought by the heirs
of Paddy Cunningham against the es
tate of Martin Costello for something
over $300,000. for which Judgment
was asked because of alleged partner
ship between Cunningham and Cos
tello in certain mining claims which
were sold by Costello.
Twelve questions were submitted
to the Jury by counsel for plaintiff,
and ten by counsel for defendant. The
questions and the answers appended
by the Jury follow:
Questions by Plaintiff
I. "Did Patrick Cunningham, at
the time of his death, own a half in
terest In the Irish Mag, George Wash
lngton. Old Republic and Angel mining-
claims?'' "Answer, "yes."
(Questions 2, 3. 4, 5, and C we-o
the same as the first, except as to
the names of mining claims. The an
swers were "yes." the jury being un
enlmous as to questions 2 and C.)
7. "Did Martin Costello make rep
resentations which were false, as al
leged, in the reply to Julia Cunning
bam, with respect to Paddy Cunning
ham's title to eleven mining claims'
Answer, "yes."'
Relied on Representations
8. "Did, If you find that Martin
Costello did make certain false rep
resentations, Julia Cunningham rely
on said false representations when
she signed the receipt?''
Answer, "yes."
Influence Alleged
9. "Did Martin Costello exercise
any undue influence upon Julia Cun
ningham to Induce her to sign the re-
eipts, exhibits 23 and 24. and in
"gulng the same was Julia Cunning
am unduly Influenced by Martin Cos
.ello?" Answer, "yes."
10. "Did Martin Costello agree to
pay to James Reilly 30 per cent of
the money received from the sale f
the eleven claims mentioned In the
Answer, "yes."
II. "Did Martin Costello make any
agreement with James Reily for his
services with respect to any of the
claims mentioned In the complaint?"
Answer, "yes."
12. "Did Martin Costello. during
his lifetime, repudiate or deny that
Patrick Cunningham or his heirs
owned a half Interest in the claims
mentioned in the complaint, or me
proceeds of the sale thereof?"
Answer, "no."
Questions by Defense
1. Did Cunningham pay any part
of the purchase price of the Angel,
Old Republic, Irish Mag or ueorge
Washington mining claims?"
Answer, "no."
2. Did Cunningham pay any part
of the purchase price of the Bell
flower and Smuggler claims?"
Answer, "yes."
3. "Did Cunningham deed the Hat
ty Manchester to Costello under an
agreement that he should hate a
one-half interest?"
Answer, "yes."
4. Was same as No. 3 In regard to
half Interest in proceeds of pale of
Hatty Manchester claim.
The answer was the same.
5. "When Cunningham conveyed
to Costello one-half Interest In the
Senator, Senator No. 2, Wagner,
Pride and Gibraltar, was it by rea
son of an agreement between him and
Costello that Costello . should patent
and sell the claims, and account to
Cunningham for one-half of the net
Answer, "yes."
Was Opportunity Offered?
C. "Did Julia Cunningham have an
opportunity to read the statement of
accounts furnished -by Judje Reily
and designated as defendant's ex
hibit No. 38, before she signed the
two receipts designated defendant's
exhibits Sos. 23 and 24?"
Answer, "yes."
7. "When Julia Cunningham. In
May, 1902, received final payment
(Continued on Page 2)
David Bruce Brown
Skilled Chauffeur
Kilted In Machine
Driver and Mechanician Are
Thrown from Car and
Sportsman Is Dead
MILWAUKEE, Oct 1 David Bruco
Brown, a wealthy New York sports J
man who though only 20 years old
was one of the best known automo
bile rare drivers In the country, was
klll"d and his mechanician. Tony
Srudalarl. was fatally injured at the
new Wnuwntose automobile roaJ
house today on the eve of the eighth
running of the Vanderbilt cup race.
Bruce Brown was driving his high
powered Fiat car at ninety miles an
hour when his rear left tire blew oaf.
The heavy car swerved into a ditch
and a second later the machine ca'a
pulled diagonally across the road In
to a field and th men were thrown
clear of the car, which was hurled
high into the air and then smashed
into a heap of wreckage.
Brown's skull was fractured and his
left leg broken. He also suffered
Internal injuries.
Trial at Indianapolis of Men
Connected with Los An
geles Times Explo
sion on
INDIANAPOLIS, Oct. 1. Lines up
on which the jury will be chosen for
the trial of forty-six defendants ac
cused of complicity in the widespread
dynamite conspiracy against the era
ployers of non-union labor were In
dicated today by the examination of
The trial was begun before federal
Judge Anderson, and the original
number of 54 men indicted, headed by
Frank M. Ryan, president of the In
ternational Association of Bridge an 1
Structural Iron Workers, was re
duced to forty-six. The Judge with
drew the charges against three men.
One defendant was absent because
of a broken leg. Ortle McManlgal
pleaded guilty, and the third defend
ant was reported "not fouud." John
J. and James B. McNamara, serving
terms in California, also were report
ed "not found."
Veniremen Examined
The veniremen were examined by
Senator Kern. William A. Harding
tor the defense, and District Attor
ney Miller for the government.
J. M. Hatfield, farmer, a country
school teacher, was excused because
he said he had an opinion the defend
ants were guilty.
here did you get that opinion?"
was asked.
"From the newspapers. I read ac
counts of the McNamara trial at Los
Angeles, and of the grand jury at
Indianapolis that indicted these men.
It convinced me they were guilty."
"You know, don't you, theso de
fendants were Indicted Jointly with
the McNamaras?"
"Yes, it takes much evidence to
overcome my opinion."
Hatfield Firm in Belief
"You say you read about the blow
ing up of the Los Angeles Times
building, the pleas of guilty or the
McNamaras and the confession of
McManigal, and that you concluded
all were guilty of carrying explosives
on passenger trains?"
"Yes, that is my belief. It takes
evidence to remove that Impression,"
Mr. Hatfield said.
Much questioning! was devoted to
whether the venireman ever had rela
tions with union labor, or was preju
diced for or against it.
Former banker Juhn Burgess, of
Newcastle. Ind., was asked whether
William J. Burns, who arrested Mc
Manigal and the McNamaras, was
now employed by the American Bank
ers' association, and Mr. Burgess said
he did not know.
One man was excused because he
had sons who were members of labor
Believes Men Guilty
"Did you ever read McManigal's
confession In which he implicates
these defendants as being associated
with him in carrying dynamite and
nitroglycerine about the country?"
was asked Charles W. Johnson, a
"Yes, I read It, together with the
fact that the grand jury found Indict
ments here. It convinced me that
these men were suilty." h& answered.
James H. Hurst, another farmer,
said, "The government will not have
lo introduce any evidence to con
vince mc these men are guilty. I am
convinced already."
SALEM, Mass, Oct. 1. Threats of
violence If Joseph Ettcr and Arthur
Glovannlttl, leaders of the Industrial
Workers of the World and Joseph
Caruso, on trial here charged with
the responsibility for the death of a
woman during the Lawrence strike
riots were not liberated were re
ceived by the authorities today. Slxty
eight talesmen were questioned with.
out any additions to the jury. Wil
liam O. Haywood came to Salem
Country- Should Develop
Homes and Not Build
Floating Forts Says
Kansas Man
Part of Money Used for Bat
tleships Should Be Spent
for Home Seekers De
clares Speaker
need less battleships and more money
spent to develop homes for the
American people," declaied J. It.
Case, of Abilene, Kas., before the Na
tional Irrigation Congress toJay
"This nation needs homes more than
It needs fighting floating forts." Mr.
Case is vice-pi esident of the Trans
MIsslsspli Commercial congress. He
"The national congress should
spend part of the money It Is putting
into battleships and make It possible
for our farmers to live on irrigated
farms as well as they can in King
George's dominion.
Cheap Land Needed
'The cold fact Is. that no amount
of patriotism or sentiment can regu
late the movement of population. Men
go where they think they can Improve
thlr condition, regardless of what
orators or newspapers or statesmen
may say. The renter class moves ou
where land Is cheap The shrewd,
business-like farmer figures where he
can obtain more acres and make more
money. The farmer at fifty or 'sixty
rents or sells his farm and moves
to town He thinks it is to his ad
vantage, but it nearly always reduces
his income and increases his ex
penses, it is one of the mistakes of
a farmer's life when he lets go of
a productive farm and thinks he adds
to his comfort by living in town.
Farmer's Greatest Occupation
"Vne farmer and stockman pos
sesses the best business occupation
in the.nation today. With the largest
ciop production in history, with high
prices, with the end of the nioneer
period and the disappearance of treii
iana, ine chance for the farmers
sons becomes greater each jear.
"When the west prospers, the na
tion prospers. It should do this at
any cost and do it now. Not less
than two members of the president's
cabinet should be western men, fa
miliar with every condition of west
ern land and western need This
should be a government of all the na
tion, not a government of the east,
with the west forever begging for its
share of the benefits. This I believe
will come, for the west is asserting
Its strength. The farmer is to ha.e
his innings. He has an Arma-eddnn
of his own. and he proposes to battle
ior nis ngnts.
GALESRURG. 111.. Oct. 1. Prac
tically every jetton of the state is
represented in th0 forty-fourth anmirl
convention of the Winds Equal Suf
frage association, which opened here
today for n session ex ending over
two days. One of h features of
ibe opening day was the introduction
of the women candidates for positions
as trustees of the University of Illi
nois. Mr,. Alvlra Downey of Clin
ton, the president of the association,
presides over the sessions of the con
NEW YORK, Oct. 1. An interna
tional love romance somewhat out of
the ordinary culminated in thc mar
riago todPy of Miss Antoinette Heck
sher, daughter of Mr. and Mrs. Aug
ust Hecksher of thf city, and the
Hon. Oliver Sylvain Ballol Urctt, eld
est son and heir of Viscount Escher
of England. The weddinj.- took place
at Win Coma, the country estate of
the bride's parents at Huntington,
U I. The bride had Mrs. Urellncoart
Martin as matron ot bonor and the
only attendant Cyril Stephenson, a
countryman of the brldeproom, was
best man.
LAKH CHAP.LES, La., Oct. 1.
Many hemists of world-wide renown
are now ir Louisiana, fresh from their
International convention at Washing
ton, and will spend tomorrow at the
sulphur min:s near this city. These
mines produce the sulphur of the
United States, and so oxtenslve are
the deposits that it Is said the entire
world conld be supplied. The exist
ence of the sulphur bed was discov
ered some twenty years ago, during
exploration for oil, hut no successful
method of mining It was discovered
until ten years ago. The sulphur lies
400 feet underground and is covered
by 200 fret of quicksand. Th6 mln
ing is how conducted by a patented
process, which consists of melting
the sulphur underground by forcing
superheated steam and hot water into
the bed and raisin); the melted sul
t.hur to the surface by means of com
pressed air. ' After the sulphur cools
to-Joff at the snrface ii hardens and
broken up into block3 for shipment.
Little Daughter of Mexican Rebel Chief Writes
Pathetic Letter To Taft That Papa No Murderer
I ii tm mii i te mmwm m mm
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a cv- wm- z -r j Ar:tr u
LOS ANGELES, Cal . Oct 1. (Spe-I
clal.) Fearful IcEt the fortunes of war
loss her, father into the h?nds of tin
United States as if ha, her grandfath
er, Elena, the pretty seventeen-year-old
daughter of General Pascual Oroz
co. who is living with her mother,
trothijrs and sisters, in temporary
exile in Los Anceles has laboriously
penned a pathetic letter lo President
Taft, m which she begs for her grand
father', life and tells the chief execu
tive of this nation that her father is
a soldier fighting for his country auJ
not a murderer
The letter was written on the front
steps of her home a Twenty-seventh
and Grand Avenue Her brother sat
beside her Procuring pen and ink
and paper the little spnoriu who is a
Officers Responsible for
Searching Hotel in Mexico
Taken in Custody by
Sheriff Wheeler
DOUGLAS, Oct.. 1. As a result ot
the raid on a local hotel Sunday by
ImkrlMn f,i(l VlflTlpftn aafrat eorvfi-o
mm. nBitoi hv a snuad of necrolsize tomorrow. 129 men were exam
troopers of the Nninth U. S. Cavalry,
Manuel Cuesta, Mexican consuI at
Douglas and Powel Roberts, chief of
the Mexican government secret serv
ice here, four officers of the United
States army were arrested late today.
The arrests were made by the county
authorities, led iy Sheriff Harry
Wheeler, who came here . from tha
county seat for the purpose of In
vestigating charges made by D. J.
Canard fna. proprietor of the Hotel
Mexico." There Is general excitement
among the Americans and Mexicans
here as a result of the raid and sub
sequent arrests.
Feud Exists
The feud between Ibe military anJ
civil authorities tegan with tho re
quest, some days ago, for the arrest
of Joaquin 'Esquiera, supposed rebel
leader. The county officials refusel
to make the arrest. Sunday nignt
secret service agents, accompanied ty
a squad of negro soldiers, went to tho
Hotel Mexico, where it was reported
Esquiera was livlns. Despite the
protests ot the proprietor of the ho
tel, who demanded a search warrant
It Is alleged that the Mexican secrvt
agents entered the hotel and
searched twenty-three rooms.
Charges Assault
Esquirea was not found. Ganar
dlna, the landlord, charges he was-as-faultcdby
a soldier. Hearing: of the
'(Continued on Page 2)
bright child, versed In English as well
as Spanish, sat down to write.
Inside the dwelling a boy and an
elderly woman, the little son and thoj
mother of General Orozco, lay serious.
ly ill. The boy is said to be pining
for his father whose playfellow ho
was before the war. The ldorly wo
man Is broken down under the strain
of having a husband and a on In thei
field for many months, tfo HI is sne
that her daughtcr-ln-Uw fears to tell
her of the elder Orozco's arrest by
Unittd States troops at the border.
Little Elena's letter was penned to
the president in Spaniso Tor it Is in
her native tongue that she can beSt
express herself on paper although sh
speaks the English language almo.st
350 Talesmen Are
Unable To Qualify
In Trial Of Labor
Defendants for Murder in
Lawrence Troubles on
Trial in Salem
SALEM. Oct. 1. A venire of 3o0
talesen. drawn as -possible Jurors 'n
the trial of Etter, Glovannitt and Ca
rusco, on charges of being concerned
in the death of Anna Lopizzo last
January, was nearly exhausted to-1
night at the close of -the second day
of the trial. Judge Quinn Is expect
ed to order a new panel of equal
ined today, but not one found his way
Into the Jury box, so the two Jurx
men chosen yesterday have no com
panions. Judge Quinn found nearly all the
taiesmen nau lor mod an ODlnlon as
to the guilt or Innocence of the de
fendants, or were so opposed to the
death penalty that they declared they
could not conscientiously convict a
nan of the crime which might result
in electrocution.
A dozen or more veniremen were
passed by the court, but were chal
lenged by prosecution or defense.
STANFORD UNIVERSITY, Oct 1. Says Penrose Lied.
David Starr Jordan, president of The Pittsburg man said that It Pen
Stanford University will resign in i rose made the first statement, "he
1915 to work for the International lied." As to the other he produced
peace congrsss. All announcement to) J. G. Sp'aln ot Pittsburg, who tesU
this effect was made on the campu3i fled that ho "thought" he had signed
today during the celebration of th rilnn's name to a telegram to Mr,
twenty-first birthday of tho university' Archbold on June 7. 1904; that hi
Ry a resolution of the board of did not know Flinn handled the tel-'
trustees president automatically re-1 cgrams which Archbold attempted to
tire at the nge of Co. Jordan was CI
last January.
FOSTORIA. Ohio, Oct 1. Con
gressman Carl C. Anderson, of this
cit' was killed tonight when an au
tomobile in which he was riding was
"overturned near here.
"Dear Mr. President T.ift. " she"
wrote. "My papa Is not n murderer.
He is a Lrave soldier fighting for his
country. Please don't let the Ameri-j
cao soldiers g.ve my grandpapa lo.
Mr. JLidero for Mr Madero would
shoot him and that would kill poor
The Orozcos have moved four
times since coining to l.os Angeles
and each time at the advice ot men
close to the general. It is said Mrs
Orozco lives in daily dread of the
federal commanders of the Mexican
armies getting possession of her child
ten in som.- way She sajs .he ef,
Mexico when the federal, threatened
tn ut tho (Wro family he.vvnnn tho
j firing lines during battl"
IfOuld lav han''
Evidence Shows He Contrib-I,?
utcd SI -11,308 to the
Roosevelt Campaign
in Pennsylvania
WASHINGTON, Oct. 1. William
Fi:nn, of Pittsburg, Col. Roosevelt's
leader of tbe progressive national
committeemen In Pennsylvania and
Elon II. Hooker, of New York, treas
urer of tho progressive national cota
inlttee, gave the penatq campaign ex
penditures committee some inside
f facts today about the primarv
penses of he Roosevelt campaign
for tho republican nomination at
Mr. FItnn answered the charges of
Senator Penrose made In August thit
Flinn offered, a million to him and
Israel W. Durham, in 1904 for the
Pennsylvania senatorial appointmeut
to sscceed M. S. Quay; that In the
samo fight Mr. Flinn exchanged tele
grams with John D. Archbold, of tho
Standard 01' company, asking hH
l secure for the Standard Oils
In- i
Duence In Fllnn's suppo'L
Prodded by Senator1' Pomerene, of
Ohio, he also demanded the specifica
tion where FHnn admitted' having
written on agreement in January,
1S96, In which Quay, J. O. Brown and
Flinn proposed to divide the federal
local patronage in Pennsylvania.
Ho declared he had""gold-brlckcU'
Supreme Court Holds Board
of Equalization Must
Stand by Earlier Levy
High Tribunal Decides When
Rate, Fixed OnceItan-
not Again MakeAni
other Imposition
The decision of the Arizona su
preme court In the case of the state
as appel'anr. nsainst the board of
supervisors of Yavapai county, re
spondents, was. handed down yestr
day in Phoenix. The decision was
signed by Chief Justice Alfred Frank
lin, and by Associate Justices Henry
D. Hoss and P. L. Cunnlngjam.
This case has been watched with
much iutercst thmughout the stato
and Is one of much importance, set
tling as it docs, so far as the stato
is concerned the powers of county
beards or eounllzation.
Case One of Appeal.
The case In question was the ap
peal of he state from the decision
of the superior court of Yavapai
county In the tax cas" arising over
; the reduction of the United Verde
Copper company s assessment by tho
Yavapai board of supervisors.
It appears that on the third Mon
day In June, the assessor of Yava
pai coi'cty dulv assessed tho proper
ty of tho copper company. On June
20, tho board of county supervisors
of Y&fapai county, sitting as a board
of equalization, heard the coppr
company') argumrnts and reduced
the assessment 25 per cut below that
figure fixed lv the county assessor.
That immediately afterwards the
clerk of the county returned this
new assessment to the state board
of equalization and to the state audi
tor, as provided by the lawB of tho
state of Arizona.
Tax Rate Fixea.
Uetween tho 14th and tho 13tli
days of August, the Etate board of
Tf"zallon nxet , lux rf,e X
3,atc l'urP?es. based on the nb-
stracts ,of, thc, " ro Is as
"te. 1 to hem by he different
i county boa-ds of equalization after
their Julv meetings. Among tne as
sessment roils wps ihe Yavapai roll,
and contained the assessment of the
United Verde property
On the 19th of August, the board
of supervisors of Yavapai county, sit
ting as a board of equalization. 13
s -ed an ordf r that all thc producing
patented mines belonging to the Unit-
ed en e Copp-r company, be reduced
I '? J valuation -qual ,o oO per cent of
ue ross production of mining c'aimE.
1 Kin Dinht n fTnf 1 uu
It was the tonteution of the stat-i
iat the loard of supervisors, hav-
I ing once granted a reduction in tho
copper compan? 3 assessment mat
the board had no right to again re
duce the assessment after it had
been passed upon by the state board
and after that board bad made its
tax rate for state purposes upon that
valuation of all property . The stato
contended that the Yavapai board ex
hausted its power to make any other
jor further order, revoking, changing
i or modifying the order of July 20.
ThrhcrTT V'!
meeting to change the order that t
had at the July meeting.
Language Interpreted
These varying conditions grew out
of certain language used In Para
graphs 3807. 3SG9 and 'JS70, of the
Revised Statutes of 1901, Territory ot
Arizona. The paragraphs are quoted
in the decision, or at least those parts
that are applicable thereto.
Thte respondents in the case, thc '
board of supervisors -of Yavapai
county, insisted that a mandamus
would not lie In the case, but the
supreme court decided that the con
tention was based on the assumption
that the order of tbe board at its Au
gust meeting was made with full
power to act The court decided that
the board had no power In actjfin
the case at its August meeting, "and
remarked in the decision that "it fol
lows as a plain duty that the board
of supervisors should have obeyed the
July order and caused its clerk to
carry on to the assessment roil the
valuation as fixed by the board of
equalization at its July meeting."
Says He Gold-Brlcked Quay.
Quay; that he never signed nor in
tended to sign an agreement; thzt
hs had written it only to dllay Quay's
opposition to thc republican candi
date for mayor of Pittsburg. Tho
investigation brought out that Flinn
contributed $141,308.29 to Coi. Roose
velt'B republican campaign in Penn
ey Ivan la.
The records showed George W. Per
kins had given J13.000 to New York
and $23 300 to the national cam
paign; Frank A. Mnnsey ? 15,000 to
New York ami $19,000 to the na
tional cnmnalgn: D. R. Hanna $25,
060 tc l'ie national campaign.
ARIZONA Local rains Wednesday
or Thursday Cooler Wednesday in
tbe central and southwest port""1"-
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ill Ti Ti luirmTnwritaaici
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