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4 All AUTMCRIiy orj MiritS AfiD MINING. IMF. NEYSMr'fR IN ARIZONA. V ' v Si:CnN!) St.K.!! Vol. VI.. No. 2.V NOGALKS, ARIZONA. SATURDAY. APRIL i j. : oo'). W i 1 1 O '7i ss, , , - "m $ WINS SECOND SUIT DECISION FOR GREENE CONSOLIDATED COPPER COMPANY. Suit of National Metal Company to Set Aside Judgment Heard and Lost. Once again the big suit between the Greene Consolidated Copper Company and National Metal Com panv, has been decided in favor of the latter and the judgment former ly rendered in favor the National Metal Company for IS 4, 000 has been allirmed in the District court now in session here. Though a large amount of money was involved, the case was never tried on its merits, the first judg ment having been given in default and the second was but cdfirmation f the first. Three years ago the Greene peo ple sued the National Metal Com pany for 184,000, claiming that amount to be due them for metal sold the defendant company. Pre vious to that the National Metal Company had maintained an of lice in Nogales, but before the fil ing of the suit the resident man ager, Mr. A. L. Lewis, had left the town. Before leaving he had ap pointed A. L. Pellegrin as agent for the company at this place. The suit was brought through the late Judge W. II. Barnes of Tucson and the papers in the case given to Sheriff Thomas Turner of Santa Cruz county for service. The papers were served upon Mr. A. L. Pellegrin. who disclaimed being agent for the defendant com pany. Mr. Pellegrin, owing to some disagreement with the National Metal Company, soon after his ap pointment as agent, ceased to act as their representative here. He so informed the sheriff at the time, but the latter knew of no other agent and left the papers with the man on whom he had orders to serve them. Judge Barnes had looked up the records in the office of the Territorial Auditor and no agency of the company in Arizona was recorded. When Mr. Lewis left Nogales the company was running an ad vertisement in the columns of The Oasis, with his name attached thereto. He ordered his name taken from the advertisement and the name of Mr. Pellegrin inserted. That advertisement was still run ning at the time the suit was instituted and was Judge Bame's authority for having the papers in the suit served upon Mr. Pellegrin as resident agent for the defendant company. The National Metal Company, according to the evidence introdu ced at the trial, was advised of the service of the papers upon Mr. Pellegrin, but paid no attention to the matter, apparently assuming that as Mr. Pellegrin had ceased to act as their agent, the service of th papers in the suit was not legally made upon the company. In the hearing of the ea-e when it was called for trial before Judge Davis in Nogales the defense made no appearance and judgment was asked for bv the plaintiffs. Mr. Allen T. Bird of Tin- Oasis was called as a witness to explain the continuous appearance of the advertisement with the name of Pellegrin ik Company as agents for the National Metal Company. A letter from the City of Mexico otlice of the National Metal Com pany, acknowledging the advertise ment and paying for it, was part of the evidence introduced. On the showing made the court held that the defendant company had been legally served with no tice of the case and judgment was rendered in favor of the plain tiffs. The National Metal Company then, to use a common term, "sat up and took notice." Suit was brought by them to set aside the judgment, but-the petition was de nied. The matter then was taken to the Supreme court, of Arizona on a technicality and by the high er court, was returned to the dis trict court for re-hearing. Last week the case was re-opened here un der the title of the National Metal Company against the Greene Con solidated Copper Company, to set aside judgment. On demurrer to the complaint the suit was decided against the National Metal Company and judgment for the amount sued for by the Greene Consolidated Com pany allowed to stand. The Na tional Metal Company have given notice of an appeal. A NIGHT OF TERROR NOGALES, SONORA, EXPERIENCES YAQUI INDIAN SCARE. Wild Rumors of Advancing Red Men Cause Fear of Attack in Mexiean Village Base Ball. Next Saturday night the Fort Huachuca soldiers' base ball team will arrive in Nogales and Sunday, the twenty-second, will play the Nogales team on the local grounds. First Seargent W. C. K. Hoover, who spent two months of the past winter he-e and filled the catcher's box in the Diamond N aggregation, is now captain of the Huachucas and has written Mr. Juan Arts mendez, manager of the newly or ganized Nogales team, stating thai April 22ml is an open date with the soldiers. Mr. Arizmendez has made arrangemente to bring the soldiers here and Nogales will have an opportunity for the first time to see the ne v home team play ball. Died Sunday. Rafael C. Gonzalez died at his home in Nogales, Sonora, Sunday afternoon, of tumor of the brain, after an illness of about a month. He was a member of the Sociedad Hidalgo de Artesanos Unidos No. 1 of Nogales, Sonora, and the funeral was held Monday afternoon under the direction of that order. He was forty-five years old and was an employe of Mr. P. Sandoval. House Burglarized. The house of Car Repairer Orr of the Sonora Railroad, just across the line, was burglarized Wednes day night, the theif securing $12 in cash. Residents of Nogales, Sonora, were treated to an Indian scare Wednesday night that was surpas sed only by the shock suffered ten years ago when the Yaquis ac tually attacked the town. Rumors of the presence of warring loaves in the country nirrounding the two towns were numerous and visions of slaughter blanched the faces of the more timid. The streets were without pedis t rains at an early hour and the town was as quiet as a deserted village, while people behind closed doorj waited with baled breath for th sounds of battle. The word "Yaquis" hushed the crying child ren quicker than ever did fear of the "bogeyman" of fairy lore. "Yaquis are between here and Magdalen a and are coming this way in a large body." "The Indians have already cros sed the Arizona line and are gath ering in the Pajarito mountains west of Nogales, Arizona." "They are gathering in great numbers near Calabasas and will dash back across t lie line and at tack the town during the night." Such were the messages that were received and circulated by the old system of wireless telegra phy, used before the Marconi fami ly tree was planted. Children covered their heads under the bed clothes and women trembled, while men examined the old guns that were laid aside years ago. But t lie morning sun peeping over the hill tops saw the town of Nogales. So nora, in the same condition as it was the night before. No homes had been burnt during the night; no men had been slaughtered while defending their homes and families; no beautiful women had been dragged away to the moun tains of old Mexico, as captives of the savage red men. Rumors of the proximity of the red men began to circulate early Thursday morning. Messages Ave re even sent to outside towns that Nogales was in danger of being attacked. Advices were sent to Territorial officers that the Yaquis had crossed the international line and were then in the Pajarito mountains. Early Wednesday morn ing Seargent William Olds of the Arizona Rangers, Captain Jeff Milton of the immigration ser vice and Deputy Sheriff Gam ble, left town on a scout ing expedition. They rode to the Pajritos and all day scouted the hills, but not a Yaqui could be found. There was not a sign in the hills to indicate the presence of Indians or white men. Back and forth thev rode through the : mountains, making a circuit f ! twenty miles and were rewarded hy I finding the track of one 1,,. .....n,'.' j horse. If there were Indians jtl J the Pajaritos, they were in a f aVl. ! that was invisible to the nakd i eye. ! W(di e:dav night the scouts re turned to town, but even their as. surance was not sufficient to dis pell the fear that the rumors had instilled into the hearts of many. They had net been all over Sonora. They had not been all along the Arizona-Mexican line. There might be Indians coming from some other direction. And so Wednesday night was a nisrht of ! terror to many of the residents of i the Mexican town. PROSECUTION QUITS. Criminal Charges Against Dr. A: S. Russel Dismissed Tuesday. Tuesday in the district court, the charges of perjury, false re gistration and fraudulent voting, on which .the grand jury at the October term of court returned in dictments against Dr. A. S. Rus sell, were dismissed on motion of the prosecution. When the first case was called for trial, Attorney John Wright of Tucson appeared for Russell and Attorney F. S. Ives of the same place was entered to aid in the prosecution. Mr. Wright stated that his client was dangerously ill and as the charges against him were a cause of worry, he wished to have the cases disposed of as soon as possible. Mr. Ives then stated to the court that had he been better informed as to the case he would not have been entered to aid in the prose cution of the charges, and was permitted to withdraw. He had been employed by outside parties and not by the county. The cases were then dismissed. Dr. Russell came here from Colorado, where he had been al lowed to vote on receiving his first papers, the doctor being a native of Canada. Coming here, he re gistered and voted after a resid ence of a year, which privilege is allowed American citizens. But under the Territorial hn the foreigner who declares his inten tion to become a citizen cannot vote till he has secured his final .tapers. Dr. Russell claimed igno rance of the distinction, believing that as he had been allowed to vote in Colorado, he was entitled to vote in Arizona. The explana tion is a most plausible one and had the cases gone to trial it is not likely any jury would return a verdict against him. Without a Driver. Monday a four horse teamereat led a little excitement on interna tioual street, near the Morley ave nue crossing. The team ran out '! of the liack" street, east of Morley i avenue and up International.. On ' the latter street one of the horses ;fell and wa- dragged by theother, : sustaining a broken shoulder. 'Next they climbed onto the side , walk on the corner of Morley ave nue, where a second horse fell, bringing the others to a standstill.