Arizona republican., 1900-11-01
TALKING STAGE
Reached in the CObre
 Grande Suit
QUO WARRANT0 CASE

Will Be Heard This Morning and Ar
 guments Will Begin on Both Ac
 ti9ns Together-The Court Indi-
 cates That There Will Be No Time
 Consuming Speeches in Propor-
 tion to Time Wasting Evidence
 All but the arguments in the first of the Cobre Grande cases. the injunction suit of the company against Greene. Mitchell ct al. was finished yesterday afternoon. The eighth day of the trial was begun with the resuming of testi- mony in rebuttal by the plaintiffs. The first witnesses were E. NJ. Gage and Con O'KeSfe, the latter of whOin under the Costello regime, was superintendent of mining operations. Their testimony was contradictory of the evidence of Greene and Mitchell regarding the con- dition of the property at the time the Greene people took possession of it.
 Attorney L. H. Chalmers, for the plaintiffs. went on the stand again to controvert statements by Attorney Norton Chase of the defendants, re- garding an application for permission to examine the books and papers of the company. The last and star wit n5ss of the day, as he was of the case. was Secretary Treasurer J. H. Wood of the company. He denied that he had told Attorney c. M. Frazier at NO- gales that the net profits of the Cos tellO faction before they were diSpos- ! sessed was more than $50, 600, but re- membered that he did tell him that the gross receipts in ten weeks amounted to $67,0O0. He deried also the state ment of his former secretary. C. F. Tyler that there was any unusual secrecy thrown around the books of the company and very emphatically denied that he had instructed Tyler to prom ise the Greene people everything and give them nCthing.' A considerable 1 part of MT. Woods figures consisted of figures wlTeh were always at the i end of his tongue and documents which were always at his fingers ends. | MT. Wood did not escape cross eX- animation as he had on his first ap- | D6d1dntt. JuuSt fodIllt-S Ildu- EILSluA- ous inquiries calculated in the end to bring out the disclosure that MT. Wood was neither a smelterman nor a mining man by birth or education 1 Mr Wood readily admitted that the Cobre Grande was the first mine he had ever seen and he had probably not been about |, smelter when it was in d state of eruption, more than eight or nine days.
 The judge then began an attack upon the statements issued by the witness in his capacity of general manager. | The attorneys desk was piled high with exhibits, a search for any one of which was like hunting for netdle in | d haystack. There was one in which Judge Barnes found especial delight | It was a statement containing, among l other items, one representing an tN- penditure of about 5000 for attorneys fees The judge having ascertatned that these fees were a part of the ex- pense of litigation recently begun, ln- uuired if it were proper that his cli- ents should be made to pay a part or the lawyers fes of the plaintiffs. Mir Wood replied that it was a natural expense incurred ill the course of an effort to save the property of the com pany.
 were the fellows" cried Judge Barnes. "who are trying to save the property
 Nothing elicited yesterday served tO adI anything to the stock of infOrma- ton regarding the real issue laid down by Judge Street at the beginning: Did the defsndants obstruCt the plaintltS in their compliance with the terms oI the contract? Much of the evidence during the whole trial. an oVerWh Wheiih- ing part of 1t, was ''incompet-nt' IT. relevant and immaterial.' worked III in spite of the vigilance ot the court upon the theory that 1t was in;euhed as d foundation for teSlPnony WITCH would be germane. Thus numerous foundations were laid upJn which Su- nerstructures were never built ard in Che end will represent nothing but d reckless waste of time and court re- portcr's fe,s.
 The quo warranto case will be taken up carly this morning. It may not oc- cupv more than an hour and should not occupy more than half a day. Then will come the arguments on both to- rether. The court sugg sted ruie limiting the law CTS to half hour su-pches Walter Bennett made uilu objection. He said that what he would have to say could probably b said Tn half an hour. but that he was not at his best in an argument when he was conscious off Gavel raised over ms head and which might fall at any un- expected moment. Nor could h. pest address himself to the task before hlm if he had to keep his eyes glued on the clock watching the flight of time
 The half hour limit was therefore not fixed. but the court warned the attor news that he would not permit nlplSeA to be talked into eternity.