Bisbee daily review., 1908-03-03
BATEMAN ASKS
JUDGMENT VS..
Sandals co.
Says He Was Arrested On False
Charge and His Mine Was
dumped" While He Was
In Jail.
Albuquerque Journal.)


A sensational suit was filed in the
district court yesterday by A. G. Bate
man, through his attorney. Felix II.
Lester. against the Sandals Mining
and Milling company. Charles G. Viii
fong and his associates. in which the
plaintiff asks for damages In the sum
of $1,000 and further asks the court
that an injunction be issued against
the defendants, restraining them from
moIesting or interfering with the
plaintiff in the peaceful possession of
certain mining claim, the ownership
of which is claimed by Bateman.
The sut filed yesterday is the result
of fight waich has been going on for
some time, between the parties con-
cerned in the suit, and in which both
have been seeking to gain possession
of q certain mining claim in the Coy
ote canyon mining district, IL miles
east OF this city. Bateman, who was
in possession OF the claim for some
time and who did considerable assess
ment work on it was arrested two
weeks ago on charge Of being I'M
lawfully in possession of the claim,
brought against aim by Col. A. p.
Hunter, who is interested in the San
dias Mining company. Bateman was
brought to this city and placed in jail.
After a preliminary hearing in Judge
Craig's court last Thursday, he was
acquitted of the charge brought
against him and released from Gus
tody.
Bateman now claims that while he
was in AIbuusrque, being tried on the
claim-jumping charge, the Sandals
Mining and Milling company, through
its agents and associates, "squatted"
ON the claim in question, which he
claims rigntfully belongs to him, and
further alleges that the defendants
are holding the claim by force OF
arms and refuse to restore 1t to him.
In view Of these charges and alleging
further that the defendants have al
ready extracted large amounts of val
liable ore from the claim, and that by.
reason of the fact that he is denied
the privilege of working his claim.
he is in danger of losing 1t, he asks
$1,000 damages.
The complaint alleges that on Feb
ruary 18th, 1908, the defendants,
through their agents. servants and
employees and associates. without
right or title, entered into possession
of the demanded premises and ousted
and elected the plaintiff thsrefrom
and now unlawfully withhold the pos
session of the same. The complaint
further states that on December 70,
1907, the plaintiff discovered upon I'M
appropriated public land of the United
States, the mining property il ques-
ton and that all fornalities OF the
mining laws were complied with. with
the exception OF sinking a shaft, the
time for which has not yet expired.
The complaint alleges that on Feb
ruary 17tn, while plaintiff was in pos
session Of the mining claim, and while
engaged in sinking shaft thereon,
the said defendant by falsely swear
ing to a complaint, charging the plain
tiff with relocating said mining claim,
caused the plaintiff to be arrested and
taken from the premises and Drougnt
to the city and be confined in AL;
and that during the time, while the
plaintiff was thus prevented from be
ing upon said premises, the defend
ants, through their associates and en-
ployes. entered upon and took posses
sion OF the said mining claim with IN
tent To withhold the same against the
rightfuI possession OF the plaintiff.
The complaint further alleges that
upon th. trial of the said criminal
charge ne was released and upon re-
turning to the mining claim in Ques-
ton, he found the defendants through
their agents and employees, in posses
sion of the property and holding it by
force OF arms. In view OF these al
legations the complaint prays the
court to render judgment against the
defendant in the sum Of $4,000 and
further asks that the court issue an
order restoring the mining claim to
the plaintiff.