Bisbee daily review., 1908-05-06
COPPER QUEEN
SUIT To BEGIN
THIS MORNING
Judge Nave Refuses to Grant
Change of Venue - Argu-
Haent in Plea of Abatement.
Grand Jury Report.
Especial to the Review,


TOMBSTONE, May 5.-The case of
the serritoy against The Copper Queen
Mining Company for back taxes al
legged to be owing will be called 1or
trial tomorrow morning. The afh-
davits asking for a change of venue
ON the ground that Judge Nave was
preJudiced in the matter were argued
before Judge Nave this morning by
Col. Herring, of Tucson, and e. E.
Ellinwcod, of Bisbee, for the Queen.
For the territory arguments were
made by Attorney General Clark and
Col II. L. Pickett. Judge Nave re-
fused to grant change Of venue and
the trial will proceed IL the morning
In refusing to grant the change
Judge Nave said he was surprised
that Col. Herring would take the ac-
ton ne had in his affidavit and also
Mr. French. He said he was at a
loss to know how the gentlemen had
arrived at the conclusion that he was
prejudiced in the matter. When the
court opens tomorrow the plea il
abatement will be argued and on the
decision in this depends much inter
est in the case.
Taken to Yuma.
The first consignment of prisoners
as a result of the April term Of the
district court were taken to Yuma last
evening by Deputy Sheriff Porter Nc
Donald and C. Munson- They were
Vicente Garcia, sentenced to serve a
term of one year and Modesto Rama
req, who plead guilty to the indict-
ment charging his with having enter
ed the barn of NJ ]. Cunningham in
Bisbee and stolen a shot gun and a
rife He was also given a one year
sentence.
Placed in Jail Here.
Deputy Sheriff Scott Gatliff, of
Pearce, was in the city last evening,
bringing in Rafeal Ochoa, who is
charged with killing a fellow Mexican
at Pearce on Wednesday night The
defendant waived his preliminary ex-
animation and was bound over WIN
out bail to await the action of the Oc-
tober grand jury. Ochoa claims that
the killing was done in self defense,
but the officers are in possession OF
evidence that SHOWS that the killing
was anything but an act of seif-de-
ferse.
Caught in the Act
Two, Mexicans were caught in the
act yesterday of trying 10 steal a
horse from the J. Of Bar ranch east
of here about five miles. The Next
cans were coming in from Gleason
and one of them was riding a burro
and the other horse. They spied
a horse belonging to the Reeves ranch
feeding close to the road and caught
him. The Mexican on the burro plac-
ing his outfit on the horse, then left
tire road and started toward town.
They Mad gone but a short distance
when they were passed by cowboy
wkr recognized the horse and coming
ON into town notified the sheriff S o.
fee A deputy was sent out and N.
Nexicans intercepted and placed IN
the county Jail pending an examina-
flor that will be held before Judge
Mcfarland.
The Mexicens claim they were on
their way from Gleason to the Hua-
cbucas. One of them carried WIN
chester rife and a belt full OF car
ridges. When questioned as to why
tf,ey took the horse they stated that
tbey inst took him to ride into town
and were then going to turn MN
loose.
Grand Jurys Report
Ia rs report the grand jury which
..on1nleted its work yesterday notes
sz..t Al cases we're investigated, Il
e,e hills were returned, II ignored and
two eases referred to the next grand
iuvv In their recommendations the
;,,rv rebukes justices for binding de-
fandsnfs over Tor the grand jury on
trial charges and recommends tnaf the