Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1884-04-17

rauie ufne, n suit IN CuhnceTy against
Otero's employees, and afterward- filed
an amended bill making Miguel Otero
and his father and cousin defendants.
asking Axtell for an injunction. AK
tell would not permit defendants to
file an answer or to he heard through
counsel, but granted "a peremptory in
junction which orders; "Now, there.
fore, you, (nnming the defendantsl
each and every one of you and your
confederstes, employees, agents, attor-
neys. and servants, connsellors.
advisers, aiders and abeltors are |
hereby strictly enjoinei aud |
restrained from longer occupying or
possessing that certain copper mine or |
any OF the land or other property near
said mine there follows its descrip,ion)
and from tr,spassing upon said grant
or tract and from taxing out ore and
reducing the same T"
AxTELL JUGS THE LAWYERS.
This instrument was served on de-
PENDANTS who, Notwithstanding. re-
manned In possession of the mine with
out otherwise interfering with the
property. Then In June, 1883 the
Canon del Aqua company filed u
petition, sworn to by Carroll Spriggs,
praying that defendants be punished
for contempt ofcourt. Subsequently, tn.
Oteros aud their attorneys, F. $.
Downs, Jno b. Bostwick and w. A.
| Vincent. were served with notice from
attorneys of the San Pedro & Canon
del Aqua company as follows:
And TO all persons who may he In
possession of the mine of copper ore
known as big Copper Nine =
you are notified that the COM
plainant will move in the court Mt
chambers that each OF you shall stand
committed to Jail for breach of injunc-
ton committed In said cause"
Signed BREEDEN,
WALDO CATRoN,
MoRNToN u CLANCY,
Solicitors for Complsinants.
The substance of the inteirogatories
propouoded To the attorneys for the
Oteros was ust) whether they were
Oteros' advisers, and (2ndl whether
they had advised them in this matter,
These attorneys filed separate answers
stating that they were Oteros' attor
' news, but as to what communication
passed between them and their client
and what advice they had given coul,
not, in good filth TO their clients q
with honor to themselves, be disclosed
: They further said they had not con
y suited with any other persons THAI
: their clients in regard to the injunc
: ton and that they themselves had IL
- nsthing disobeyed the order OF injunc
Il ton Miguel and Page Otero tileC
e separate answers denying that the.
', had obtained possession ofth mine b.
s force and stating they were in posse
C. sion before suit was ht
N
3, force. They stated that an actio
d. of tiectment was pending again:
IN them for the mine aud that they Ina
Is disobeyed the court In nothing exceI
e. to retain possession of the mine. o
OF the hearing no proof was oilere
er against defendants and 10 affidavit
is filed except Spriggs' upon informs
H. ton and belief"
=, AXTELL RoARETH.
an Axtell called up Judge Downs
a make his own defense, and he res
or his answer filed TO the interrogatorie
W. Axtell ordered him to sit down, STA
i'm ing that Downs defense did IN
X clear him of contempt" Downs q
sired TO be heard. Axtell cried he d
10 not "care to hear him" that he "kne
~ the lawsr and would have no d
ro- heard as Of right. AXt'
n refuse ordering Downs dow
i'd and stating that he wal
ms like to hear from the other lawye
II and then he would act. Oteros', Bu
lar wick,s and Vincent's answers W.
tut read. Axtell said he would give
3" attorneys half an hour to be heard
ir the afternoon. Axtell heard them
nd the time fixed aud said that by ref
Fe ing TO say they had not advised I
RS, Oteros to disobey his order, they
iii- mitted that they had so advised, a
as then Axtell made the order iindi
ity Downs, Bostwick, the Oieros a
eg- Vincent guilty of contempt, orderi
m. them TO ial till the injunction v
ut complied with. Downs, Bostwick "A
II a Vincent were, further, "disbarre
ro- till purged of contempt OF court, VIII
iss- Axtell must have known that tn
lsir wasn't enough croton oil
uld America 10 accomplish this res,
in Aud then Axtell gave judgm'
an against the Oteros and The suit Tor
the costs, together with $3.50 attorne
mad fees, and all other persons, notified
ers, appear before the court III TINS proce
ued ing were discharged.
aw ANoTHER EXPLOSION.
IA Judge Downs rose before the co
NJ and asked foran appeal 10 the supre
III court. Downs was ordered do
Ia Vincent then asked for an appeal
was instantly squelched when AK
/, IT, told him that lie was suspended II
~, practice and had no right TO appea
nnh court. Vincent then, shuliieu
the his attorneys robes ana, US an An
a ~ lean citizen, demanded an appeal
y tn tell said there was no appear u
= ~ Ills DEGREES and added:
,e S hear no more stump speeches II
Tho Hon. Mr.. Vincent"
.. .ne THE FELoNs' CELL.
hers The Otero3 and their attorneys u
. Of surrendered themselves and were
the signed by Axtell's sheriff to the c
ap- mon jail for. thirty.fiye days. 4
sons asked for and were denied Wits oi
be- beas corpus. Axteil wroie 10 ~
de- Bell of the Second district 10 u
4 OF nothing to do with the matter. an
cleo. oheyed. and the other judge, Bri
,em. WAS sick and Axteu had bis vic'
then fast and helpless.
by AxTEI.L ON HABEAs CORPUS.
to The counsel for Axtells convicts
con- ed on him TO learn why ne mao no,
y IN swered the petition Tor the VIII ~
have beas corpus and directed AxteiI
tell: tentIon 10 the law Of the territory
and ylding for the concession OF
osed, writ TO any person incaiceri
'urse Axtell responded that he had ado
u in a practice which somewhat IVA
the the stat,Ite.p Heis eininently