Arizona republican., 1912-09-18
BUSIEST DAY
 IN J. $. COURT
Grand Jury for October Term Announced; Dam age Suit Must Go to Trial; Also BOlen Will Case of Pima County

In the United States district court yesterday morning, the grand Jury foB the October 1912 term was selected. Tweny -one names were drawn from the 1 box prepared by the clerk of the jury commissioner containing names from all over Arizona The grand jury l will meet on october 7th and will prob ably be in session a week There are 1 about one hundred and fifty eases to | be submitted to the grand jury. Those drawn are: Geo. B. Marsh. Nogales; J.
 H. Mcclure, Douglas: Dan Hibbert,
 Mesa: Orrin l.. Standage Tempe; J. J. Casey. Phoenix; Nat. M. Dysart, Glen dale; George Babbitt. Flagstaff; Jno. R.
 Birchett. Tempe: Howard J. Brazee,
 Phoenix; Jno. NJ. Clark, Flagstaff;
 Reginald M. de Gex Phoenix: Jesse Eyer Phoenix; J. M. Armstrong, Phoe- nix; Geo. Nicholson, Yuma; John El- lingson. Tempe: A. F.. Bell, Tucson; R. H. Burmister, Prescott; M. Bugge-
 lin, Williams; John w Francis, Flag
 staff; Nat T. Mckee Phoenix; A R. Cater, Phoenix.
 The United States trial jury of sev- enty persons will be drawn next Tues day. It will mee on October 14th. After an argument covering a period of two days in the United States dis trict court. Judge Sloan decided an important case brought under the em- ployer's liability act.
 The suit is an action for damages brought by Thomas P. Clark a locomo- five engineer against the Arizona &
 New Mexico Railway company. Clark a nf with his engine according to the ale gations of the complaint. He charges that the accident was due to the negli-
 gence of his fellow servants and the steep grade maintained by the company at the point where the accident oc- cured. He says that in the collision the socket of his left hip was injured, his back and spine were injured, the sight of his left eye was destroyed, four ribs were broken and he received other injuries.
 He asks for s4O,OO0 for loss of wages. doctor bills and permanent injuries.
 The defendant railroad company sought to have the complaint struck from the files. They also moved to set it aside on the ground of duplicity, moved to make 1t more definite and certain, filed a general demurrer and four special demurrers. All of these were argued to the court of l.. Rear ney and Wm NJ. Seabury for the plain
 tiff and w. C. Mcfarland for the de- fendant After hearing counsel for the
 better part of two days, Judge Sloan denied all motions and overruled all of the demurrers. The case will now
 be tried on its merits early in Novem- Der.
 Judge Sloan also disposed of the plea to jurisdiction in the case of Catherine Bolen. against William NJ. Lovell and others This is the action in which Catherine Bolen. widow of late chier of the fire department of Tucson, D. J. Bolen, alleged that a fraud was per petrated on her and on her children by her attorneys and the Tucson Lodge ot Free Masons The defendants ques- toned the jurisdiction of the court on the ground that the probate court of Pima county had already passed upon the matter and it's decision could not be reviewed in the United States court. | Judge Sloan held that the plalntiffj could seek her remedy in a court or equity and that the United States court l had Jurisdiction
 Judge Sloan issued warrants for the removal of Theodore Rodriguez and Ramon Vasquez to the Western DIS trict of Texas for trial. These men were arrested in Douglas charged with organizing a military expedition in the 1 United States against the Republic or | Mexico. 1
 The men were held by United States | Cop,risa;oper Taylor of Risbee hav- ing been arrested there. Deputy Marsh al A. A. Hopkins left at one o'clock | yesterday with the two men, taking l them to Fl Paso where they must stand | trial.