Arizona daily citizen., 1901-12-12

What may be properly described as
'hot stuff is set forth in a suit for
damages now on file in the District
Court. The suit is brought by Epcs
Randolph, l.. H. Manning and N. W..
Faison, plaintiffs, against II. ID. Under
wood, L. NJ. Smith, J. h. Gooding, f..
NJ. Browder and J. Il. Caveney, defend
ants.
After the usual isgal multiplication of
words the complaint sets forth that the
plaintiffs are owners of mining claims in
the Silver Bell district in Pima county,
Arizona. These claims are generally
named the Faison grodp, and are alleged
to be of great value.
That on or about the 26th OF June,
1901, the plaintiffs in due form and af-
ter due survey and proceedings made ap-
plication to the United States land office
at Tucson for the purchase OF and pat
ent to the following claims: Silver Bell,
Silver Hill West Extension, Faison, Ma
jestic Copper and Metallic Beauty.
That in August 1901 the defendants
II. ID. Underwood, I. NJ. Smith, J. X.
Gooding and +. NJ. Browder who each
knew that the plaintiffs were the own
ers OF the said mining claims and had
made application for patents, unlawfnily
and fraudulently conspired, confederated
and combined together for the purpose
Of and with the intent Of injuring the
plaintiffs and for the purpose OF and
with the intent of clouding and SANDER
ing the title to said mining claims. for
the purpose of preventing plaintiffs
from obtaining the patent and selling
or disposing OF said claims, and for the
purpose of extorting money from the
plaintiffs and in furtherance OF the
fraudulent intent the defendants, or
some one for them, caused notices to I've
posted by the said +. NJ Browder, a
copy of whose affidavit is annexed. up.
on all of the said mining claims, pur-
porting to be signed BY the defendant
J. B. Caveney, and purporting TO the
notices OF location Of the ground covered
by plaintiffs mining claims.
Plaintiffs allege upon information and
belief that said notices and pretended
locations were each and all made with
out the knowledge, consent or authority
of the said }. B. Cayeney: that Caveney
had hitherto been and at the time Of
and for long time thereafter was non
resident of and absent from the Terri
tory of Arizona and had no knowledge
whatever of said mining claims or Of
any pretended location thereof in his
name until long time thereafter and
in furtherance of said nn awful conspir-
acy on the 9th of September, 1901, J. X.
Gooding pretending to act for Caveney
fled in the United states land office a
notice OF adverse or protest against the
issuance of said patent applied for by
the plaintiffs.
That defendants Gooding, Smith and
Underwood or some one or more OF them
thereafter induced and procured the said
Cavaney to come to the Territory Of
Arizona and join with sad defendants
in the unlawful and fraudulent conspir
acy. and induced Cavaney to institute a
suit against the plaintiffs advertising their
right to procure said patent and their
rights to said mining claims.
That the defendants each and all
knew that said mining claims were and
had been the property of the plaintiffs
and that each and all Of the acts done
by the defendants were with the intent
and for the purpose Of injuring the
plaintiffs and cloudng and slandering
their title to the mining claims and
hinderng, delaying aud preventing
plaintiffs from procuring the patent, or
selling or dispoSin2 Of said claims, and
for the purpose OF extortne money from
the plaintiffs as means of quieting