Arizona republican. [volume] (Phoenix, Ariz.) 1890-1930, 1903-10-30
LOVE AND LITIGATION
The Second Chapter Of a Mesa
Ejectment Suit.

There was a story in The Republican
the other day of a law suit at Mesa
in which Daniel Mahoney had brought
an ejectment action against Mary l..
Barbour. The plaintiff is the owner of
the Alhambra hotel at Mesa and the
defendant is the lessee. 1t was stated
that the attorney for the defendant.
George Purdy Billiard had shown to
the satisfaction of the jury that the
action was based upon spite work be
cause the defendant had finally refused
to marry the plaintiff. Counsel char
acterized the action as a breach of
promise suit disguised as a forcible
entry and detainer case. The jury
found for the defendant.
That is only half Of the story and
the other half. An appeal was taken
yesterday from the court of the JUS
tice of the peace at Mesa and the pa
pers were filed in the district court
when the second chapter of the nuga-
ton was given to the public.
1t shows also that there is unre-
Quilted love mingled with the litigation
but the plaintiff says that he is the
one who is holding off. He said that
Mrs. Barbour had a lease on the hotel
for which she was to pay $50 a month.
The lease expired last March and he
refused to renew it. Fer some time
before the expiration of the lease Mrs.
Barbour, he says gave him to under
stand that his society was rot dis
tasteful to her and since the expira-
tion of it she has OH more than one
OCCASION given him reason to believe
that she had wearied of being a lone
woman.
1t is said that these facts were
brought out at the trial at Mesa and
that the plaintiff had the case as good
as won until Mr.. Billiard began his
argument. He had brought to the
trial persons who had been subsidized
tc cry for him when he gave the signal
by weeping himself. He began by as
Stunning what had not been shown at
all that Mr.. Mahoney was pursuing
Mrs. Barbour with his attentions and
he made no reference whatever to the
evidence in the case regarding the
lease. Mr.. Mahoney says he utterly
avoided the law of this territory by
which landlord may rent a building
from month to month on the explra-
ton Of yearly lease and then may
dispOssess the tenant on a months
notice.
He talked about things generally,
quoted Shakespeare ard the Bible and
other works of litera ture, trying to
work himself up 10 the weeping point
Mr.. Mahoney and his attorney. Mr.
Woy, said that the argument of Mr..
Billiard reminded them CT the uncer-
tain operation of one of those old
fashioned iron pumps into which water
has to be poured for an indefinite time
until the sucker becomes well moist
ened. Then there comes a chug chug
showing that the water has been
caught"
After a while Mr.. Billiard caught
and his subsidized weepers turned
loose. Mrs. Barbour joined the lachry-
NOSE concert and the infection spread
to several persons who had no interest
whatever in the case. Mr.. Mahoney
said that even he himself was moved
and for a time he feared that the jury
after all might find a verdict for him
1t was with relief that he heard that
1t had found for the defendant and he
was on the point of making out deed
to the hotel TO her
That night after the excitement of
the suit had passed away MIR. Mahoney
began TO cool off and he determined to
take an appeal 10 a court where tears
are not allowed TO flood it and swamp
justice.