Arizona republican. [volume] (Phoenix, Ariz.) 1890-1930, 1898-06-12

dated company was seriously consider
ing the question OF shutting down all
operations. Copper had fallen from
% cents in 1880 to 81 cents in 1897
The cost of timber shipped in from
California or by way of Guaymas was
enormous Ross solved the problem
with his saw mill and several hundred
miners continued to eat, dress, support
families and live happily at Bisbee.
The 5000 population of Bisbee today
owes existence to the forethought,
courage and persistence of Daniel D.
Ross, coupled with the beneficent act OF
congress extending to Arizona the
powers of the statute of June 8, 1873.
which grants TO citizens and bona fi1e
residents the privilege of cutting and
using timber on the public lands Of
the United States subject to mineral
entry, for mining and domestic pur-
poses.
IN 1890 the government indicted
Ross. The case was prosecuted by
one of the best criminal lawyers of the
day, Harry Jeffords. 1t caused great
excitement in the territory and be-
came a cause ceIebre. Ten days to
ry. Jury cut five minutes. Not
guilty
While this case was on trial a civil
suit was pending, United States VS..
Daniel Ross and the Copper Queen
Consolidated company, for the value
Of 100000 feet of lumber furnished
, the latter by Ross from 1890 and sub
sequently. The civil suit was dis
missed after the acquittal of Ross in
the criminal suit
| The government commenced an
other suit against these parties, which
fingered along, hanging on by eyelids.
until E. E. Ellinwood became United
States attorney, when trial was pressed
by the copper company and was dis
missed BY Judge Sloan On motion OF
Ellinwood.
| The government directed its re-
institution and in 1895 it came to trial
before Judge Bethune Three weeks.
Fifty witnesses. Hung jury. ten for
company, two for government. Ell
linwood and Mark Smith for govern
ment, Col Herring and Judge Haynes
for defense.
Trial again May %, this year. For
weeks the department of the interior
| had Professor Lundgren of the United
States geological survey, in Rock
Creek to examine character of the
| land. He was an expert witness for
the government The defense expert
| ed with Professor Blake in charge of
| the school of mines of the territorial
| university, high authority, and DR..
Ricketts,, noted mineral expert, metal
| lurgist and geologist of the Princeton
university. The government was rep
resented by~R. E. Morrison, E. E. Ell
linwood and T. D. Bennett; the de-
tense by Col. Herring and his daugh-
ter. The jury took fifteen minutes
and brought in verdict for the de-
lendant, after two weeks of patient
listening to the large number of wit
nesses on both Sides
Amusing things creep in at every
trial no matter how dry the subject
matter of the suit. One humorous in
cident worth recording entered in con-
1ection with the exhibit of maps.
George j. Roskruge, encouragement.
was the author of the government
map and it was the finest thing in the
shape of a Typographical exhibit prob
ably ever shown in a court room. This
Is Acknowledged on all sides Of the
case. Six feet by eight, showing the
Chiricahua range of mountains, and
the mineral districts question Of
the suit The different minerals were
shown in different colors ali laid on
the canvas by the master hand of a
Raphael or a Meissonier. From lit
tie distance the suns glinting rays on
the map caused it to bear close re-
semblance to a large platter of GER
tain berries in all stages of develop
ing maturity. A number of the jury
were noticed from time to time get
ting heads together, looking at the
map and then almost audibly laugh
ing. After the verdict one of the jury,
an Irishman, was asked what it was
the jury saw in the government map
10 produce the laughter. He replied:
We were Just laughing among our
selves about the government trying to
show a strawberry garden on the
Chiricahua mountains.
Another neat bon mot came from
another source after the trial. In the
"Fawn," surrounding few social
glasses, the conversation turned to the
saw mill of Ross, and the amount the
government claimed as its due from
the company. After several OF the
leading legal lights had made pleas
ant speeches with reference to it, one
quiet little man, arising to depart,
said: well, the government was
mill-dewed in Rock Greek"
Col. Herring, in talking about this
case yesterday at the Adams, said:
1.-The c. Q. c. company, in resisting
the claim of the government, has been
inspired from the first by the convic
ton that no wrong was committed in
the purchase of this timber, that no
wrong was committed by Ross in cut
ting the timber, that it belonged by
law to the miner both for mining and