Arizona weekly journal-miner., 1902-07-30
AN ASTONISH=
 ING CHARGE
The Opponents of James Shirley in the CObre Grande Litigation
 Prefer a Charge of Per jury Against Him.
Preliminary Examination Being Held Before Justice J. N. w. Moore
 ShitIey's Statement.

ShirIey's Statement.
 Another sensational chapter has been added to the Cobre Grande litigation. Failing yesterday to successfully i'm peach the character of James Shirley, the plaintiff in the case of Shirley vs. Mitchell, on account of several of the most prominent and respectable citi- zens of the town going on the stand and testifying to his general reputa- ton in the community being good, a warrant was last night sworn out for his arrest on a charge of perjury.
 The action yesterday in attempting to impeach his testimony in court, did not strengthen the parties doing so in this community, but, on the contrary, made friends for MT. Shir ley, while this later action still fur ther attracted men to him who have not been friendly before, and it has been the general topic of conversa ton today.
 On the case coming up for examin ation before Justice J. NJ. W. Moore, MT. Shirley submitted the following to the justice:
 Before Mir. Justice Moore-Terri- tory of Arizona against James Shir- ley:
 Prescott, Ariz., July 24, 1902.
 desire to make the following statement and to have it become a part of the records of this proceeding:
 In November 1898 1 procured the execution of the contract of the trans fer of the Cobre Grande Copper mines from William c. Greene to George Mitchell. In that transac- ton I acted as a broker. I had spent a great part of the summer and fall of 1898 in the endeavor to find a pur- chaser for the property, and had been to considerable expense in the mat ter. 1 had besides employed Judge Sanford of Prescott as my counsel in the transaction, and he had gone to Mexico and searched the title to the mines. The mines were offered at S350,000. Mitchell got them for S250,000 on his agreeing to protect me in my commission, which was to have been 30 per cent of the purchase price or 05,000,and relieving Greene of liability for that 30 per cent. This was to be done by Mitchell carrying one-quarter interest in the Cobre Grande property or enterprise for me free of charge to me. This he agreed to do and this have always claimed he agreed to do.
 1 went East in November 1898, i'm mediately after the Mitchell pur- chase. Shortly after I had left Mir. Mitchell learned that 1 had DO writ ing to establish my claim and repudi- ated it. Mir. Sanford and Mir. Van derbilt both called on him immedi- ately to make it good.
 When 1 came west in the summer of 1899 I went to the mine and de- handed my quarter interest of Nit chell and then began suit to receive 1t.
 There has been no concealment of my claim to that quarter interest from the beginning. 1 have always asserted it publicly and privately.
 The suit brought by me to recover that one-fourth interest from George Mitchell was brought to trial in May, 1902, and concluded July 23, 1902, before Judge Sloan.
 l produced six reputable witne esses to prove my main case outside of my self, all of whom had heard Mitchell admit the existence of my quarter in- terest: The trial lasted several days. No personal claim was made against Mr Green. The paper which he signed and which was lost and which is referred to in this complaint was only one piece of evidence in the care and very small part of it.
 My case rests outside of that paper on the testimony of six witnesses who heard Mitchell admit my claim and on the fact which cannot be dis puted that I originally acted as broker and brought the contracting parties, Greene and Mitchell, together and never was paid for my trouble and expense in the matter, nor re- ceived my commission justly earned. The case was submitted to Judge Sloan yesterday, July 23d, and is yet undecided by him.
 Without waiting for his decision on the facts of the case and in order, as believe, to harrass and annoy me and create prejudice against me, this charge of perjury has been made by Mir. Greene.
 Mir. Greene and I have been en- gagged on opposite sides in various litigations for years, and he has chosen to volunteer in this present controversy in which he has or claims to have no pecuniary interest.
 This criminal proceeding is not | taken in the public interest nor for the public benefit. It is an effort to use criminal prosecution for pri- vate end.
 My testimony on the trial was true and is fully supported by MT. San ford.
 There is no foundation for the charge of perjury against me. My record in this community for the past twenty years Is an answer to it. It is a weak and malicious attempt to forestall the decision of the district court in the main case, which Greene and Mitchell fear will be favorable to me on the main questions. On the trial in the district court yesterday an attempt was made to impeach my character by the testimony of miners and others who had had personal with me. All that they were able to say was that l had not always been able to pay as I went along. Had received my just dues in this CObre Grande matter there would have been no such complaint. This proceeding should be dismissed md these parties Iemitted to await he decision of the district court on he main case now pending there md being considered by Judge Sloan NEWS. NOTES AND COMMENTS.
 Jailer Reeves of Atoka, l. T.. has ,