St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-10-05
Murran- was to give him also a strict &C.

Murran-Wa to give MIN also strlct &C.
counting.
The affidavit of McMurran filed before
me sets forth that subsequent to the
receipt of the note Of Underwood there
was subsequent agreement as to the
use of the proceeds. but in the view
taken of the question this is wholly I'M
material, for the record discloses that on
the 7th day of June, 1893, Hon. James
o. Broadhead, one of the counsel for
McMurran. after the conclusion of the
taking of the testimony IN the case of
the heirs of Don Maguild Peralto
against the United States. that being
the suit mentioned in the TWO agree.
ments heretofore stated, gave it as his
opinion that the title was clear in the
Representatives of Peralto, and that
heirship of the present claimant had
been clearly established, and that.
though part OF the property had been
sold to the United States. the act estab-
fishing the court of private land claims,
before which the suit was then and is
now pending. provides that the claim
ant, it the grant is confirmed, shall
receive Sl.25 per acre for all the land so
sold.
Another Affidavit.
Annexed to the reQuiSition, dated the
18th day of September. aud as part
thereof,is the second affidavit, by which
it appears that on the 22d day of De-
cember, 1892. the said j. Royal McMur-
ran procured the note for 81, 900 upon
the agreement of said McMurran to
expend the proceeds Of said note, or so
much thereof as might be necessary, in
the prosecution of the suit of the Casa
Grande company against the United
States, involving the title to certain
lands in Arizona, and upon the repre-
sentation of McMurran that the trial
of said cause was to be had in
Denver. Col, in March. 1898. And it
was agreed by said McMurran that In
case said suit was won, he was to give
an equivalent OF 10000 acres of land of
the said company; that one week after
procuring the note, the proceeds OF
which were to be used as aforesaid. the
said j. Royal McMurran sold and de-
livered said note to the Merchants
National Bank of the City of st. Paul,
:, or to its president, William K. Merriam,
anu received therefor the sum of $1,000
and that as affiant is Informed and he.
| lieves, and 80 states the facts to be
| appropriated the proceeds Of said note
| SO received to his, said j. Royal Nc
| Murran's, own use.
Atiant further states that no part OF
| the proceeds were used in the prOSecu-
| ton of any suit, and that no part of sald
sum was ever intended by said McMur-
ran to be used otherwise than for his
! own use and benefit. That this aftian
| has since paid this note, and that nc
| part of the proceeds of the same so as
aforesaid received by j. Royal McMur
| ran from said bank has ever been re-
| turned to this aftiant or in any way &C.
t,I Co. nf
/ case has been begun by this affiant tOl
the purpose Of Furnishing J. Royal Nc
| Murran for crime, and not for the pur
| pose of enforcing The collection of any
debt or for any private reason whatever
Your Excellency Will Note
that this affidavit does not charge the
| commission of crime. when it sets
l. forth the receipt Of note upon al
| agreement to eXpend the proceeds OF
said note, or as much as might be nee
essary in the prosecution of suit, ant
! that in the event the suit was won, tt
! give the maker the equivalent of 20,00I
acres of land; il lost, an obligation t
! account arises, and correlatively an OBJ
! legation to make payment by the maker
| of the note, or as much thereof as haC
been expended in the prosecution of thu
suit aforesaid. This is the tenor AM
legal effect of the agreement as above
set forth.
| Unoer the two agreements. if the sui
was won, one was to receive the eQuiya
lent of 10000 acres OF land, and the
| other the equivalent Of 10000 acres
These two agreements are enforcible
| contractuai obligations; by them the
| parties giving the notes were to share
| in the recovery. if any were made, a!
therein set forth.
This Casa Grande claim against the
| United States j. r. McMurran ha:
bought. and now own the land and the
stock, aud Is entitled to the land and
money recovered. He has furnished
the means to prosecute the suit. The
suit is now pending undecided III the
court established in 1891, known as the
| court of private claims. The proofs on
| the part OF the claimant have beer
TAX en- and the case will probably bt
tried the coming fall or early winter.
Hon. Phil Thompson, Of New York, i.
employed by the Casa Grande Land I'm.
| provement company to prosecute this
| claim before congress, and in the courts
| 1t is known as the PeraltO grant, anG
his affidavit on file is very clear tina,
McMurran has furnished the means t
| prosecute this suit.
J. R. McMurran has done no more
than he was entitled to do under the
agreements that he made in writing
with the two parties. He cannot be
called upon to account at law to either
until after a determination of the sui
before the court of land claims, and no
then unless he refuses to account vol
UNFAIRLY, and an expenditure of 400
| by him in prosecution of the suit would
he a full answer to any civil or criminal
suit against him.