Arizona weekly citizen., 1895-11-23
THE COPPER QUEEN CASE.
The Jury Stand 9 to 5, Refuse t,
 Agree and are Discharged.

l The great Copper Queen e SC is as ye
 as far from an eHding as when it YVES be
 gun five years ago, the jury before whom
 the case was tried, disagreed yesterds,
 and was discharged.
 The title of the case is the United
 States vs. Daniel Ross and the Copper
 Queen Mining Company and involved
 the snug sum of S183.OO0 for timber
 claimed by the government to have beer
 cut on non mineral land in the Chirica.
 hua mountains, Cochise county.
 This claim was resisted by Roes and
 the Copper Queen company OF the ground that the land from which the
 timber had been taken was mineral
 ground and it was permissible under
 the law to cut and haul timber there
 from. The original suit was filed in 1890 and dismissed without prejudice on pc
 tltion of the government and no further
 action was taken therein till the present
 term of court when the case was again called. It occupied the attention of the court for the better part of two weeks and was ably and elaborately argued on both sidee. l. was committed to the jury at 10 a. m. Saturday last and was discharged yesterday at 12. l5 p. m. Yes terday.the IurymeD were unable to agree.
 Immediately after retiring a ballot was taken on the issue and the vote stood 2 to in favor of the defence. An adjournment was then taken for dinner and on reassembling second ballot was taken which resulted in 8 gain of one for the company, the vote being 8 to and against the government. Later the de- fense gained another vote and stood 9 to 5, and here they stuck deep and fast. This was On Saturday and when they sent for the court Sunday noon they were DO nearer an agreement than they were the night before when they spread their blankets and laid down to quiet dreams.
 On Saturday they had sent for the Judge once and askd for further in- etructions and when his honor was again called up he offered further instructions if any were necessary, and insisted upon an agreement, but as the former were not wanted and the latter impossible he discharged them.
 On inquiry at the Marshal's office it was learned that the case would again be called at the February term of court.
 It appears, upon posing among the jurymen, that the minority believed the law in the case to have been violated: thas the land was non mineral, but that inc trespass had been innocent and un. intentional and that the defendants had erroneously believed the land to have been mineral bearing at the time of tres pass. A compromise upon stumpage WAS therefore offered by the minority but refused by the majority. This stumpage at the rate of Sl.25 per stump would have amounted to about s7 300. and probably would have settled inc case but the majority insisted that the principal involved WIS beyond the reach of money and refused anything less tha an B verdict for the defense, and to this tbe would not agree.
 The minority was SO far as can be learned, represented by Geo. Nj. Will jams, J. H. Martin and J. II. Never. tee majority by Geo. Rayfis'd, Tom Cor. 1is, 0. a. Fully. J. J. Chisholm, W. E. l Felix, W. A. Rule, I. E.. Orumb. Ed. Egan and Tom Driscoll.