Arizona republican., 1900-12-30
INTERPLEADERS COME IN
The Shirley and Hallenborg Interests Amounting to Approximately $100.000 Alleged to Have Been Unprotected by the Late Terms of Peace, Appeal to the Court for Continuance of the Same.


 be in the way ito be reopened, notwith- standing the contract of December F between the Greene and Costello fac tions by which it was to be forever closed.
 Late yesterday afternoon Judge J. J. Hawkins of Prescott, acting for Axel w. Hallenborg and James Shirley of New York, filed in district court a document calculated to revivify the case of ''the Cobre Grande Copper com pany vs. William c. Greene, George Mitchell and the Phoenix National bank It was a petition for perTnis- sion to intervene in the above named cause and notice was directed to both parties, plaintiff and defendant, as follows:
 "Gentlemen: You and each of you will please take notice that Axel w. Hallenborg and James Shirley. peti- tioners herein, will apply to the above entitled court for leave to intervene herein on Saturday. the 5th day of January, 1901, at 10 o'clock a. m.. at the court room in Phoenix, Arizona, or as soon thereafter as counsel can be heard on the petition filed in said court at 9:30 a. m. this day, copy of which is hereto annexed"
 The petition recites the complaint in the original suit, together with the more salient incidents of the litigation. all fnterlarded with statements of the claims of the petitioners. It is stated that Hallenborg is a creditor of the corporation to the extent of more than $40,00O a great part of which indebt- ednesS is for notes of the Cobr;, GIande company and a part of which is upon open account for money leaned the corporation. Copies of the notes are included in the petition. It is also stated that Hallenborg is a stock holder in the company to the amount of S,61S shares.
 It is alleged that Shirley is cred ftcr cf the company for $11 1925 on notes given by the company to Benjamin Orne and assigned to the petitioner.
 The petition then describes the min ing property of the company and pro- ceeds with the relation of the com plaint and the amended complaint against Greene and Mitchell in the original suit. Then the petition comes down to the contract of December F, involving, among other things, the withdrawal of the above mentioned suit, and says: '"The discon,fnuance of this action will be in violation of the rights of your petitioners, as such cred itors and stockholders and will result in great injury to them and to their damage in a large amount, namely, about $100,000.'
 The value of the property in volved in the action in the event of the establishment of the title of the plaintiff corporation, il is alleged. is s5,O00,OO0. This corpora tion, 1t is also statrd, has no ether as sets, so that if the contract should be carried out the destruction of the De titioners' stock would be total
 There is annexed to the petition a memorandum of the agreement of De- cember 12 between the Greene ConsoI- idated and the Cobre Grande compa- nies. This has already been in a gen. eraI way described and any further de- scriptfon is of interest only in showing how the attorneys of the Cobre Grande were handsomely taken care of. For instance there was to be turned over to L. H. Chalmers 5000 shares of Greene Consolidated stock and a like amount each to Baker & Bennett and Herndon & Norris.
 The clause of the agreement of which
 
 is as follows: Tt is agreed that the two suits in the district court of the county of Maricopa, in the territory of Arizona, which have been submitted to the court for decision that the order for submission shall by consent be set aside and when the final payment above provided for shall have been made it is agreed that those suits shall be dismissed on the same terms
 This petition has not been an entire surprise. It began to be suspected tw1 weeks ago that something was go- ing to happen, but just what or from what source was not known. The suspicion was based on the circum- stance that persons not supposed to be interested in the Cobre Grande and who were certainly net parties to e,he agreement were industriously gather ing up CcFbre Grande stock at prices which the conditions of the agreement did not warrant.