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Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, September 05, 1895, Image 2

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CHAPTER It
That there should be repeated
alarms from the northeast, east and
south, where were the pine covered
crests of the Black Mesa and the Sierra
Ancha—where were the haunts of the
Tontoand the White Mountain Apaches
—every one expected. There were
still among- the foothills some parties
of miners and prospectors over whose
fate there was good reason for alarm.
The Santa Anita placers had been
promptly abandoned, as we have seen.
There was eager watch for danger sig­
nals from the site of the old Retribu­
tion, down in the Sandy valley to the
west, but from the site of the new post
to the crossing of the Sandy above
Apache canyon the road turned and
twisted among the foothills of the
mountains for twenty-three miles and
there wasn't a human habitation for
nearly forty. Then, deep in a cleft of
the range, a stage station with corrals
and well and lunchroom and bar had
been built by some daring spirits,
eager to accumulate money at what­
ever risk. Beyond them for another
thirty, miles the road lay through deso­
lation itself and reached the outskirts
©f even frontier civilization again
among the newly finished ranches in
the broad and sunny valley of Willow
creek.
In view of the sudden and simulta­
neous swoop of the Apaches upon the
roads cast of l'rescott everybody had
been warned. Even the mail riders
held back for mounted escorts. No
stage for Wickenberg and the south,
no buckboard for the Santa Anita had
left the territorial capital for three
days. No mail had been received at
Retribution for forty-eight, hours. The
daring troopers who rode in with the
dispatches early that June morning
had come through the Sandy valley, as
they frankly admitted, with revolvers
in hand, their hearts in their mouths
and the reins in their teeth. They
had passed no party eastward bound.
Who, then, could it be, who, striving
now to reach the post by way of the
new road, should have fallen foul of
the Apaches only a mile or so oufc?
Thornton's first impulse was to say the
-sentry must be dreaming. Raymond,
who had known the old trooper nearly
a decade, as promptly declared the sen­
try's report reliable. "I not only saw
the flashes," said Hennicke, "but I
•could faintly hear the shots, sir—fif­
teen or twenty. It was still as death
•out here."
Meantime, sending an eager boy
lieutenant on the jump to order out
"WHAT'S UP, HEXNECKE?"
'"G" troop, Capt. Foster had hastened
to his temporary quarters—half can­
vas, half adobe—to make his hurried
preparations. Already the rumor was
running from mouth to mouth. Only
three of the officers had their families
with them at the time. Mrs. Foster
-was one of those women who insisted
•on accompanying her husband on the
move to Arizona, even though the
rudest of camp lifa was to be her por­
tion. and she and Nellie with anxiously
beating hearts were standing on the
unfinished porch of the new quarters
listening for further sound, as the cap­
tain hastened up the slope.
"It can't he anything very serious,
dear," he said reassuringly. "Probably
some belated miners, whose mules the
Indians are trying to run off. We'll
know in half an hour and I'll send word
in at once." Silent and anxious she
followed within the doorway, where
hung a Navajo blanket as the only bar­
rier between their army nest and the
warm outer air, Nellie clinging to her
mother's side.
"We've been watching all the even­
ing for signals from the Butte," mur­
mured Mrs. Foster, as the captain rap­
idly exchanged his regulation coat for
a scouting jacket. "We were so anxious
about Leon and everybody who had to
remain there seems so exposed now.
We never thought of hearing of trouble
thereaway," and Mrs. Foster glanced
out through the open casement to
where the Prescott road, winding away
down the slope, disappeared among the
dark mountain shapes lying black and
silent under the twinkling pointers of
the Great Bear.
"Leon-Is safe'enough if hell only stay
where he is with Kelly," answered the
captain, buckling on his pistol belt.
"Apaches won't attack the post—even
the remains of one—at night. But I
wish old Kelly and his girls were near­
er the ffuard. I don't like their being
act far from help and so close to those
(Copyright, 1894, by the Author.)
overhanging cliffs. Now, don't borrow
trouble to-night, dear," he concluded,
taking his devoted wife in his arms and
kissing away the brimming tears. "You
and Nell must bo brave. These beg­
garly Apaches probably think we won't
know how to fight them and are simply
starting in for a little fun. I'm only
too glad of a chance to deal them a les­
son—so is troop."
Ten minutes later, in perfect silence,
a double file of horsemen rode briskly
away into the darkness to the north,
Foster leading, every trooper armed
with carbine and revolver. The night
was breathless. Not a puff of breeze
stirred the pines along the mountain
side or ruffled the foliage of the willows
at the springs. For two miles the road
lay through open country, dipping.from
"YOU OUGHT TO HAVE BEEN A GENERAL,
MUNCEY."
the plateau on which stood the new
post into a mile wide depression, then
winding up the gradual ascent among
the foothills of the range. Somewhere
along that ascent the firing had been
seen and heard. Ilennicke's story had
already been corroborated. Two quar­
termaster's men, enjoying a quiet smoke
outside the adobe walls of the new
corral, had seen and heard just what
he did, and Maj. Thornton was already
in possession of their story. So, too,
had the sentry on No. 4 heard what
sounded like distant shots, but had
seen nothing. Now, as Foster and his
fifty horsemen disappeared in the
night, the major stood at the edge of
the bluff looking out to the north, with
an eager group around him. Capts.
Raymond and Turner, whose companies
had silently assembled under arms,
were waiting for orders within the
quadrangle of the garrison, as well as
the adjutant and quartermaster and a
lieutenant or two. There was little
talking going on among them—all were
listening intently for sounds from the
north or of further firing. One or two
of the Santa Anita prospectors had
mounted and gone out after Foster, but
the mass of the refugees still clustered
along the bluff, chatting in low, eager
tones. If any one voice was especially
prominent it was Muncey's, and, like
most men given to chatter, he found
only an impatient audience. "I tell
you," said he for the third time, "thare
can't be less than a hundred of them
Tontos out there now. They just want
a single troop, or even two, to come
and tackle 'em in the dark." And now
he had raised his voice still higher and
was talking for the benefit of the
major, who had been persistent in
avoiding him and had twice pointedly
begged him not to intrude upon the
council of the officers. "They've just
lined the rocks and the roadside out
there, and are simply laying for a
chance to ambush the whole crowd.
What I'd a done would be to send two
hundred men out, deployed as skir­
mishers and swept the hull bottom,
north and west, too."
These remarks were rewarded by his
companions with a contemptuous sniff
or a nervous, half jeering titter. "You
ought to have been a general, Muncey
—that's %vhat's the matter with you.
There ain't Apaches enough in all Ari­
zona to dare a fight in the open, day or
night, with fifty white men, soldiers or
'cits.' No Apache plans a fight that's
going to get him liable to be shot. The
kind of fighting he likes is from behind
rocks and trees, and there ain't rocks
and trees enough out there to cover a
dozen of 'em. I'm betting the tiring
was done by some party as badly scared
as you were yis'day morning. I'm bet­
ting they just thought some skulking
lynx was an Apache and let drive a
volley into the dark. The sentry says
the shots were all bunched. You know
and I know the Apaches don't own a
breech loader (this was early in the
seventies), so most of it must have been
done by white men or greasers, like
that gang you trained with last year,
instead of herding with your own
kind."
Evidently this allusion was a stinger.
There was a burst of laughter, more or
less jeering and unsympathetic, under
shower of which Muncey turned angrily
away. He went over toward the group
of officers, but at sight of him the ma­
jor lifted a warning hand and lowered
his voice. "Here's that fellow Muncey
again," said he, "and I distrust him
somehow." Everybody seemed to turn
an unsociable back on the newcomer,
and presently, after a moment's hesita­
tion, he pulled his old felt hat lower
over his eyes, thrust his hands in his
"sockets and slouched away down the
slope in the diroction
01'
liio corral,
within whose adobe walls the horses
and mules of the refugees were shel­
tered.
And now came on a night of no little
excitement, even for Arizona, in the
heart of the Apache country. For three
quarters of an hour after Foster and
his men rode away there was a strange
silence and eager waiting at the post.
Taps had sounded just before they left.
Half-past ten o'clock, called by the sen­
tries, had gone echoing away across
the still an 1 starlit mesa and not a
sound or sign came from the front.
Then suddenly, far out through the
darkness, there was faintly audible the
thud of hoofs, and a minute or ao
brought the rider, full canter, Into
their midst. He could barely rein In
his horse at the hail of the major's
party. Everybody—officers, civilians
and even soldiers—seem to swarm
about the courier in an instant. It was
Corporal Foley, of Foster's troop. Rec­
ognizing the major, he threw himself
from the saddle and stood respectfully
before the commander, handing him a
penciled note, which the major eagerly
opened and read, all eyes upon him.
"We found two Mexicans," it said,
"with a camp outfit. They were badly
frightened, but unhurt. They declare
they were attacked by Apaches, who
succeeded in running off two mules.
Thej' say the Indians drew away north­
west toward the Sandy, and that there
was a party of prospectors and packers
camped at Raton Springs eight miles
out, who were warned of the outbreak,
but who wouldn't believe it. The
Mexican said they were trying to reach
the post when headed off, and that
there were enough Apaches to wipe
out that party. They themselves only
escaped by hiding among .the rocks
down in the deep ravine, fcieir story
is told with such earnestnew that I
have deemed it best to push on in
search of the prospectors referred to.
We should reach the springs soon after
midnight. The Mexicans go with us
in hopes of recovering their mules.
(Signed) "FOSTEB,
"Commanding Troop."
"Come with me, gentlemen," said the
major, after a moment's thought.
"This is something I'll have to talk
over with you. No," he continued,as
many of the frontiersmen, too, showed
evident inclination to consider them­
selves included in the invitation.
"Excuse me, now, if I have to talk with
my officers a moment. There is no
news except that Capt. Foster has
found a couple of Mexicans who
claimed to have been jumped by
Apaches, and who say the Indians
have gone to attack a small camp of
prospectors at Raton Springs. Do you
know any miners or prospectors who
could be there?"
A general shaking of heads followed.
No one knew. One or two went so
far as to say they didn't believe it.
"What sort of looking fellows were the
Mexicans, corporal?" asked Ferguson,
the brainiest, apparently, of the civil­
ians.
"Oh, insignificant little runts, both
of them," replied Foley. "One of them
spoke English enough to make himself
understood the other could only jab­
ber some lingo I didn't know no more
of than I do of Apache. So far as I
could make out, they had all been trav­
eling together, but when the bigger
part of the crowd stopped to camp at
the springs, these two fellows came
ahead—said they were afraid to stay
there after what they had heard of the
outbreak."
"Well, what did they hear, and how?"
asked Ferguson.
"They said that they met some of
the couriers from l'rescott, and some
prospectors who were driven back
from the Clear creek country—who
were skipping for the settlements.
They told the couriers that they were
going in, but despite that they came
down to the Springs."
"Queer," said Ferguson, reflectively.
"The only Mexicans in the Santa An­
ita country were those half dozen that
Muncey was mixed up with—Manuel's
lot—and a scrubby lot they were but
they went off to Tucson over two
months ago, seems to me."
"What! The same Manuel that says
he was a brother-in-law to MacNutt,
Muncey's partner?"
"The same. I heard he took Mac's
boy back to Sonora with him, and that
the kid didn't want to go at all."
"Indeed, he didn't," answered Foley,
stoutly, "for he's worked his wav back
to tiie old post inside of a month. He's
down there now with the ordnance ser­
geant.
"Yes, and Muncey was pretending to
be surprised when he heard of it to­
night, and there was two letters came
to him from Tucson last week that
prob'ly told him all about it, though I
don't suppose Manuel could write.
Where'd Muncey go to, anyhow?"
broke off Ferguson, suddenly. "I
reckon he knows where those fellows
are if anybody does."
"Gone to get a bracer," laughed one of
the miners. "Muncey's nerve ain't
what it used to be, and he's rattled to­
night. He's been shaky ever since that
cloudburst swept his partner into
eternity two years ago. I never under­
stood what drew them together. Mac
was a square man and a hard worker,
and what's more, everything they had
in the way of an outfit was bought with
money—wagons, mules, burros, grub,
tent and tools—it was all Mac's, and he
had some coin and gold dust besides.
Yet when Capt. Cullen tried to get hold
of it for the boy, nothing could be
found that Muncey hadn't a lien on—
him and that damn little greaser
brother-in-law of Mac's what's his
name, Manuel Cardoza."
"Cardoza?" exclaimed Corporal Foley.
"Manuel Cardoza? Why, that's the
name of the boss of this party up near
Raton Springs, where troop's gone.
I heard it given to Capt. Foster twice."
Ferguson turned quickly around. He
had been standing facing the north,
keeping intent watch in the direction
taken by the troopers. Now he whirled
on the corporal. "Are you sure of
that?" he said. "By the great jumping
Jehosap.hat, that means something I
hadn't thought of. Muncey swore to
me that they had gone to Sonora, and
wouldn't return until October. But
the boy got away and came back? And
he's over there at the old post now—to­
night?"
"That's lust where he is, or was yes­
terday morning," said Foley. "We
haven't heard from them since."
"And Manuel Cardoza had a pack of
Mexicans at Raton Springs at sunset,
did he? And wouldn't run for shelter
here, even when he knew the whole
Tonto tribe was on the warpath?" lie
turned again northward, and gazed out
over the intervening silence and space
to where the huge bulk of the Socorro
loomed up against the polar sky. GM
siopeia's Chair, traced by clear, twink­
ling stars, was resting along the black
backbone of the range. "The old
Tonto trail from the Springs to the
foot of Apache canyon burrows right
through those hills," said he. "The
Springs lie not more'n six miles to the
left around that point. The miserable
greasers didn't dare go through Apache
canyon, and they didn't want to be
seen over here. I'll bet what you like
they're bound for the old post—and an­
other attempt to nab Leon. Now,
boys, I want just a minute's talk with
two men—one of 'ein Maj. Thornton.
The other's Muncey."
Maj. Thornton was found in less than
a minute, but not so Muncey. When
midnight came it was definitely settled
that Muncey was gone so was Fer­
guson's pet roan, the fleetest horse of
the Santa Anita mines.
CHAPTER III.
The summer night was still young.
The sentries had passed the call of
"twelve o'clock and all's well" despite
the fact that Trooper Casey, on post at
the corral,, felt vaguely assured that aU
SY/iAo9f
"HE'S OVER AT THE OLD FORT NOW."
wasn't well with him at least. "My
orders are to take charge of this post
and all government property in view,"
he had begun when questioned by the
officer of the day, and as Ferguson's
horse wasn't government property he
might have wriggled out of his pre­
dicament under that head were not
other clauses in his orders which he
knew as well as did the officer of the
day. One of these read: '''Allow no
horse to be taken out of the corral be­
tween tattoo
and reveille-except in pres­
ence of a commissioned officer, the quar­
termaster sergeant or the corporal of
the guard," and as Ferguson's liors'e
could neither have climbed nor jumped
a nine-foot high adobe wall, the conclu­
sion was irresistible that he had been
led oar ridden out through the gateway,
and it was the sentry's business to see
and stop him. There were still other
orders bearing on the case. The
man Muncey must have crossed the
sentry's post both when he entered
and when he left the corral, and
the sentry's orders forbade his al­
lowing any person to pass without the
countersign the password for the
night, with which only certain few of
the officers and guard were intrusted.
The post commander had permitted the
refugee prospectors to turn their horses
and mules into the big new corral, a
privilege of which they had eagerly
availed themselves, but the quarter­
master sergeant and his men who slept
ordinarily in a tent pitched just within
the gateway had not slept at all this
night, but in common with those mem­
bers of the garrison who were not act­
ually in ranks awaiting orders were out
somewhere along that northward bluff
watching eagerly for further sign from
the front. The plain truth of the mat­
ter was that Casey, too, instead of
watching the corral, kept as much as
possible at the northward end of his
post, where he could see or hear what
might be goingon in that quarter. And
so it happened that the corral was left
practically unguarded, and Muncey had
been able to enter and quit at his own
sweet will.
It wouldn't help Casey to say ho
didn't see or didn't hear. Schoolboy
excuses are not accepted in the army.
A sentry must see and must hear even
in nights dark as Erebus and bluster­
ing as a boiler shop, which this sum­
mer night was not. On the contrary,
it was soft and still and starlit. There
was no moon, but the sky v.'as cloud­
less, and had Casey used even ordinary
vigilance, no one without his knowl­
edge could have trespassed on his
guarded land. At twelve-thirty, when
the third relief was started around,
Private Meisner took Casey's post. The
latter was in no sense surprised,
though woefully disturbed, to find that
the moment the old relief was inspected
and dismissed at the guardhouse, the
sergeant of the guard had ordered his
belt taken off—and that is the soldier
way of saying that the ex-sentry was to
be relieved for good as untrustworthy
—his arms and equipments turned over
to his first sergeant and he himself
turned over to the charge of his fellow
members of the guard, a prisoner
awaiting trial by court-martial for neg­
lect of duty as sentry. Everybody felt
sorry for Casey, who had lost a good
reputation, but sorrier for Ferguson,
who had lost what was considered of
even greater worth in the old frontier
days—a fine horse. Even as Casey was
ruefully slipping out of his carbine
sling and waist belt Ferguson and oth­
ers, with lanterns, were tracing the
hoof prints of the beautiful roan. Out
from the corral gate, around to the
south wall, they followed them in the
soft, dusty soil but they were soon lost
along the slope. No one believed for a
moment Muncey had ridden eastward
any distance, however. That was the
quarter from which the Apaches had
come. Westward, along the south face
of the Socorro, was his probable course
for if Cardoza had slipped through
from the Springs toward the old post,
as now seemed possible, they could
meet at the fords of the Sandy, ndt a
mile from where the dim lights were
twinkling there at old Retribution
earlier in the evening—not half a mile
from the base of Signal Butte and
barely short rifle shot from old Sergfc.
Kelly's ranch.
And now the question arose: Where
were the Apaches? The miners and
prospectors who had fled from the
Santa Anita said they fairly swarmed
in that valley, fifty miles to the east.
The dispatches from department head­
quarters represented them as having
already, at three different points,
swooped down upon the Prescott road,
both cast and west of the Sandy but,
so far as heard from, they had not ven­
tured into the valley south of the Soc­
orro range, a cluster of rough, rocky,
pine crested upheavals that bulged out
eastward from the main range, jutting
like some huge promontory into the
Tonto basin. It was through a rift in
this clump from the Raton Springs to
the site of old Retribution that ran the
Tonto train of past generations, and
through another, still further to the
west, a deep jagged fissure in the bed
rock, that the Sandy foamed and chafed
and tore—the ill-favored Apache can­
yon. Fifty miles north of the Socorro,
on the banks of the same stream and in
the very heart of the Apache country
was a military -post somewhat larger
than Retribution—old Camp Sandy—
and there were stationed the head­
quarters and four strong troops of the
new regiment that had replaced the
Eleventh cavalry, all commanded by
Col. Pelham. Thornton, at Retribution,
felt well assured that by this time Pel
ham would be pushing out his scout­
ing parties after the Tonto raiders, and
that between Sandy and Retribution
they could make it very lively for the
Indians in a day or two, but meantime
should they work around into the
Sandy valley, south of the old post, just
as Capt. Raymond said: "Heaven help
the scattered settlers there!"
"If they reach the lower Sandy by
night or day," were the major's orders
to Lieut. Crane, who commanded the
guard at the old site, "don't wait an in­
stant. Fire the beacon on Signal
Butte."
And now, one o'clock of the hot June
night had come. There had been skirm­
ishing to the north, a chase to the
northwest, signal fires ablaze to the
east, across the broad basin. Couriers
had been pushed out northwestward
after Foster with news of Muncey's
bolt and information as to the Cardoza
party. Ferguson and two friends—dar­
ing fellows, well armed and mounted
had just left the post determined to
ride westward in the hopes of over­
hauling Muncey, and—well, hanging
was the horse thief's penalty in those
days. The troops of the garrison—
arms and equipments close p.t hand—
were sprawled about the veranda of
the new quarters, eager for the order
to saddle, and the major had just dis­
patched a messenger to say to the cap­
tain that the men might as well turn in
for the night, when once again there
came the clear and ringing summons
for the corporal of the guard—this
time from the westward bluff. Those
who happened to be nearest that side
of the garrison had already before the
cry heard the sharp* stern challenge:
"Who comes there?**
[To be Continued.]
KNOWLEDGE
Brings comfort and improvements®
tends to personal enjoyment when
rightly used. The many, who live bel­
ter than others and onjoy life more, with
less expenditure, by more promptly
adapting the world's best products to
the needs of physical being, will attest
the value to heaUJi of the pure liquid
laxative principles embraced in the
remedy, Syrup of Figs.
Its excellence is due to its presenting
in the form most acceptable and pleas
ant to the taste, the refreshing and truly
beneficial properties of a perfect lax­
ative effectually cleansing the system,
dispelling colds, headaches and fevers
and permanently curing constipation.
It has given satisfaction to millions and
met with the approval of the niedioil
profession, because it acts on the Kid­
neys, Liver and Bowels without weak­
ening theni and it is perfectly free from
every objectionable substance.
Syrun of Figs is for «ale by all drug­
gets in 6!c and #1 boiues. but it is man­
ufactured by the Califarri". Fig Syrup
Co. only, whose nanra is ii ted on every
package, also the name. Syrup of Figs,
and being'well informed, you will not
accept any substitute if oflbr(d.
E.D. BEST,
OPTICIAN,
QLA88E8 FITTED,
All deoMuirn of the fVE tr«utwi,
MPKH.vriONH p«rf«r»»i 1 a«d
GATERAVT KF.MOWtt bv
Awlataiila. 1' your
.«• Illar IITUS."
mn
In-
IAW4 or HMMIWIIM.
me RBICKS TIIK M»WE*T.
4M HlcolUt A VMM, •IJTSEIPOLIB,
PROBATE NOTICE.
State of North Dakota,
u.
County of Stutsman. (ss
... In Comity Court.
In the matter of the estate of George Porter,
deceased.
Notice is hereby given that the undersigned
administrator with the will annexed of said
estate has applied to said court for final settle­
ment of his account, and for discharge, and for
a llnal distribution of said estate, and that by
order of said court said application will be heard
and said account adjusted and allowed at the
term of said court to be held on the 9th day of
September, 18t)r», at ten o'clock In the forenoon
at the otllce of the judge of said court, at James­
town In said county, and upon such adjustment
and allowance, the residue of said estate will be
by older of said court and by the Judgment and
decree thereof, assigned unit distributed to the
persons by law entitled thereto.
Dated August 12,18«r.
EDIIAIT w. CAMP,
Administrator with will annexed.
First Pub. Aug. 15,1895.
SUMMONS.
State of North Dakota, I. __
County of Stutsman.
ss
In District Court, Fifth Judicial District.
Adeline F. Michaels,
Plaintiff,
'vs.
David M. Michaels,
Defendant.
The state of North Dakota to the above named
defendant:
You are hereby summoned and re­
quired to answer the comoiaint of the
plaintiff in the above entitled action, a copy
of which said complaint is hereto annexed and
herewith served upon you, and to serve a copy
of your answer to the said complaint on the
subscribers at the office of George C. Eager, in
the city of Jamestown, in the County of Stuts­
man, said State of North Dakota, within thirty
days after the service of this summons upon
you, exclusive of the day of such service, and if
you fail to answer the said complaint within
thirty days after the service of this summons
upon you, the plaintiff iu litis action will apply to
the court for the relief demanded in the said
complaint.
Dated Aug. 2, 1805.
GEO. C. KAOKK,
Attorney for Plaintiff,
Jamestown, Stutsman County,
North Dakota.
To the above named defendant:
Please take notice that the summons and
complaint, affidavit and order of publication, In
said action wax. on the third day of August, A.
I. 1805, tiled in the office of the clerk of the
District court at Jamestown, Stutsman county,
North Dakota.
GEO. C. KA EIS,
Attorney for Plaintiff.
First Pub. Aug. 8.1S95.
NOTICE-TIMBER CULTURE.
United States Land Office. I
Fargo, N. August 13, 1895. I
Complaint having been entered at this office
by Fred Bishof against Edward R. Speiice for
failure to comply with law as to timber culture
entry No. 18315. dated April 4th. 1888, upon
the Southwest quarter, of eetion C. in Township
143, N, of Range 63, W, Stutsman county, North
Dakota, with a view to the cancellation of said
entry contestant alleging that the said Kdward
R. Spence nor no one for him, lias done any­
thing thereon except in tiie vear 1889 about 13
acres was broke and in 1890 about six acres were
cultivated. No trees, seeds or cuttings have
been planted thereon. No trees are growing
thereon and since 1890 nothing has been done
thereon by said Edward K. Spence or anyone
for him and that is true down to this date, viz:
July 2Hh. 1S95.
The testimony of the parties and their witness­
es will be taken before Dormau Baldwin Jr a
notary public at his office in Jamestown, Stuts­
man county, N. D„ on 28tli, day of Sentember.
1895, at 10o'clock a. in., and from day to day
until all of said testimony Is so taken and said
notary public to forward same at once when
taken, to this office and before the date of ap­
pearance thereat and the said parties are here­
by summoned to appear at this office on the 5th
day of October. 1895, at 10 o'clock a. to re­
spond and furnish testimony concerning said
alleged failure.
A. E. SUNDKBHATTK,
Register.
F. Baldwin
attorney for Bishof.
First Pub. Auu. 15,1895.
NOTICE OP FORECLOSURE.
Default having been made in the conditions of
a certalu mortage containing a power ol sale,
which has beeu duly recorded, irlven by Marko
Mutz and Mary Mutz, his wife, mortagors, to
Charles L. Hoyt, mortgagee, dated Feby. 24tn,
1890, and mortgaging the southeast quarter (S.
E. K) of section six (6) in township one hun­
dred and forty
one (141) north, range sixty-three
'68) west of the Fifth principal meridian in
Stutsman county, Dakota territory, now state of
North Dakota.
By which default the power of sale has become
operative and no action or proceeding having
been instituted at law to recover the debt there­
by secured or any part thereof, and there is
claimed to be due on said mortgage at this date
the sum ot Four hundred and live and 43-100
dollars ($405.48-100.)
Notice Is hereby given that said mortgage will
be foreclosed by sale of said premises at public
auction by the sheriff of said county, on Satur­
day, October 12th. 1895. at 8 o'clock p. m. at the
front door of the court house in the city of
Jamestown, in said county of Stutsman, and
state of North Dakota, to pay said debt together
with all taxes,costs and expenses of sale.
Dated August 34th, 1895.
CHARLES L. HOYT,
Mortgagee.
First Pub. All(!. 29,1895.
SHERIFF'S SALE.
.State of Xortli Dakota,
County of Stutsman,
('has. A. Wilson,
John Wall!
Notice is hereby given, that by virtue of an
execution to me directed and delivered, ami
now in my hands, issued out of the clerk's office
of the fifth judicial district court, state of North
Dakota, iu and for the county of Stutsman upon
a judgment rendered iu said court iu favor of
obas A. Wilson and against John Wall,
I have levied upon the following described
property of said defendant, towit: Lot number
twelve US), block number two (2) ofCurtin's
2nd addition to Jamestown, North Dakota.
And that I shall on Saturday the l-jtli day
of October A. D. 1S95, at the hour of 3 o'clock
p. m., of said day at tiie front door of the court
house in the city of .Jamestown in said coun­
ty and state proceed to sell all the
right, title and interest of tile above
named John Wall in and to the above described
property, to satisfy said judgment anu costs,
amounting to eighty-one (SM.OJ) dollars and
cents, together with all accruing costs of sale,
at public auction, to th« highest bidder for cash.
J. J. EDDY. Sheriff.
R. A. Bill, Plaintiff's attorney.
Dated August 28th, 1895.
First Pub. Aug. 29, 1895.
SHERIFF'S SALE.
STATE OF NORTH DAKOTA, I
County of Stutsman. I
S!t
It. G. DePuy, I
Plaintiff. I
L. G. Heberling,
j"
Defendant.
Notion is hereby given, that Uy virtue of an exe­
cution to me directed and delivered, and now In
•'.'V •'it'ids. issued out of the clerk's office of the
Mfth judicial district court, state of North
Dakota, iu and for the county of Stutsman, upon
a judgment rendered In said court In favor of
It. G. DePuy, and against L. G. Heberling, 1
have levied upon the followiag described real
proierty of said defendant, towit: Southeast
quarter section ten township 143, range 62, Stuts­
man county. North Dakota, and that I shall, on
Saturday, the 13th day of October A. D. 1895,
at the hour of 2 o'clock p. in., of said day, at
the front door of Mie court house in the city of
Jamestown, in said county anil state, proceed to
sell all the right, title and Interest of the above
named L. G. Heberling in and to the
above described proierty. to satisfy said judg­
ment and costs amounting to Fifty-four
dollars and twenty-three cents, together with all
accruing costs of sale, and interest on the same
from the 28rd day of August. 1H#5. at the rate of
seveu per cent per annum, at public
auction,!to
the highest bidder for cash.
J. J. EDDY,
Sheriff Stutsman County, N. D.
GEO. C. EAOKII,
Plaintiff's Attorney.
Dated Jamestown, N. D., August S3, 1895.
First Pub. Aug. W,
1899.

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