Bisbee daily review., 1906-05-05
SEVERAL CASESON TRIAL.
HuAchucA WATER COMPANY TRYING TO LEAVE TOMB.
 STONE FOR BiseEE.
Names of Trial Jurors Are Given Sher- if Hunt, Who Will Attempt to Lo- cate Them-some Have Left coun- ty-Jueae coodbody illustrated.
Especial to. Reyiew.o

The first case called this morning was that of the City of Tombstone ys, | the Huachuca Water Company on in i junction to prevent the water com | pany from taking up their pipe lines | and shutting of the supply of water | from the city as was granted to the | company under an ordinance passed | in the 'Ses The case has evolved it. | self into the question as to whether | the petition of the water company for | a franchise and the granting of 1t is | a contract that binds the parties. On | this question the attorneys for the city l and for the water company will hle | briefs which will be submitted to the | court and the decision then given. | Considerable testimony that was in- troduced on both sides was ruled out l by the court under the objection of | the counsel on both sides and only | that bearing directly on the subject | of the alleged contract was allowed to l stand. There is hardly much doubt 1 but what the case will be appealed to 1 the Supreme Court, no matter which side is awarded the verdict in this court The city is determined if pos sible to hold the company to the fran chise granted to them, and in which they agreed to furnish water for fire purposes, etc. from the date of the granting of the franchise and for a period of fifty years. The water com pany, on the other hand, desires to di- vert the supply to Bisbee and furnish water to that city. The outcome of the case will be watched with inter- est.
 Stipulation Made.
 ,.4;,.,,Iotio, hoe r.ao, aoraaI unoD in the case of the Providential Mutual Building & Loan Association vs. Geo. IF French and Laura Nj. French, re- garding the Hotel Queen property in Douglas. According to the terms of the agreement or stipulation, the de- fendants are to allow judgment to be entered against them for the amount of tke alleged indebtedness and are to within thirty days deed over to the plaintiff ali Of their interest in the property, the plaintiff then to deed it to Messrs. Hanks, Overlook and Mo Donald upon payment to them of the amount of the judgment. If the deed is not made out by MT. and Mrs. French by that time, then the stipu- lation is to be of no force whatever, and is not binding on either party and will result in the renewing of the suit to collect the amount loaned by. the building association.
 Title to Claims.
 The case of Gus Gottschalk vs. Mar tin Costello to quiet title to several mining claims ins the Turquoise min ing district was completed late last evening, as far as the introduction of testimony is concerned. The court, with the lawyers on both sides of the case, will probably go out on Monday to visit the property in question, so that the dispute as to the location of the monuments can be viewed by the court After this has been done, the court will listen to the arguments of the counsel and the presentation of the law points.
 Bisbee Land Case.
 After the completion of the Hua- chuca water case this morning, the case of Joe Lippert and wife vs. Mar tin O'Hare, involving the title to a strip of ground in Tombstone canyon, in Bisbee, was taken up. The plain tiffs allege that they purchased a lot of the defendant and at the time of making out the deed he stated that it was to be the corner lot and now he wishes to erect a building between them and the street which would con. siderably damage their property. .-The case will probably take most of the afternoon to dispose of, as there are quite a number of witnesses to be ex. amined on both sides.
 Trial Jurors.
 The names of the trial jurors have been given to the sheri and he and his deputies have now begun the spring roundup of them. A number of those whose names were drawn from the jury. box have already left e the country, so that it Is very probable that a special venire will have to be drawn on the first day they report or the 14th inst
 The argument on the demurrers in the cases against the Consolidated Printing Company for damages will come the first thing in the morning and promises to be exceedingly inter esting. ..-..-. ----
 The remittuerers of the two cases recently decided by the Supreme Court have been received in the Clerks office. They are the eases of. ". K Meade ys. NJ. D. Scribnel and wife, and the case of Ida E. Cum mipgs ys.. C.. l.. Cummings. None O the other numerous cases decided b, the Court have been received. Con siderable interest is manifest in q; number of them as to just what tn, decision of the court was.
 Secundo LUcero Ontiveros ha brought suit .n the District Ceur against Jose, of the same name, fo divorce on the grounds of desertio and cruelty. The parties are resident of Douglas.
 Cupid Working Hard.
 Cupid has been doing a rushing bus mess in the Probate Court during tn past few days, judging from the nun Der of licenses that are being issued John Morgan was issued one to we Bertha Farley. Both are resident of Dos Cabezas; A. L. Jourdan, of Bi: bee, to wed Elizabeth Elgin, of tn same place; Edward Quillin and Ma guerfte Douley, both of Bisbee; EsciI ulo Eizo to wed Edwinger Escart, both of Douglas; A. A. Benson to we Mrs. M. R. Williams, both of Dougla