Weekly journal-miner. [volume] (Prescott, Ariz.) 1908-1929, 1912-10-09

taking OF testimony was resume,
before U. S. Commissioner Moor
in the case Of John Duke agains
the Arizona Land and Irrigation
Company. after a recess of neart
one week. The several witncsse
examined concluded the,r testimony
and the final hearing will take plac,
on October IS. before the Register
and Receiver Of the U. S Land OF
hce at Phoenix.
The first witness called was c
w. Dcming. who perfected title anc
received his final papers for a home
stead tract Of 100 acres during ,h,
past week. and which was protested
by John Duke. Mr. Deming among
other things stated that in January
1911. when he and John Duke were
talking over land matters, Duke said
to him: 1--WE don't want outsiders 10
come in here and build dam on
Willow crook; IL one Is TO be built,
we will build it ourselves" Mr..
Dcming also testified that at that
time Duke conducted him onto the
land that is now the Deming home
stead and stated that he (Duke)
had built a monument locating that
place as water storage site, but
he was unable to find the monument
OF stones that marked the place.
Before taking up the homestead, MIR.
Deming testified that he and his
wife made a careful investigation of
the locality specified by Duke as
containing the monument marking,
but both were unable to find the
slightest trace OF the mound of
stones at the point designated.
The identification OF the location
OF this monument which Duke con
tends was destroyed and the rocks
thrown away by hunters or tress-
passers, brought Homer r. Wood
to the witness stand, as well as
Thomas Marmont. the latter on
cross-examination. Both testified
that no loose rocks were found on
the creek bed below the boulder
holding the monument, but at a
higher elevation and above the bouI-
der there was an abundance OF
rocks.
The sensation of the day occurred
when the records of the United
States Land Office were introduc-
I'd showing that on November 10,
1890. John Duke made a cash entry
Tor 100 acres OF land and that pa
tent was issued by the United Stat
IS TO Duke in 1892 for this land;
that Duke made a desert entry for
30 acres Of land in December, 1890,
and that a patent for this land is
sued to him in 1901; that December
'th, 1910, Duke made a desert land
entry for 2@0 acres OF land and that
IN September 1911 his entry was al
Owed for Isl acres. being cut down
because his application included GER
ain railroad lands.
There was introduced in evidence
, Photographic exemplifcation OF
The affidavit made by John Duke for
his desert land entry sworn TO by
him in September 1910, and from
his affidavit there was read into
he record that John Duke swore
herein: II further depose and de-
,lare that ] have made no other
declaration for desert lands nor
my other entry under the provisions
,f said act" tAct OF Congress, APP
proved March ;. 1877, the Desert
Land law Duke further swore in
his same affidavit that since Au-
yust 80. 1890, have not entered
md acquired title TO, nor am I
low claiming under an entry made
indcr any Of the non mineral public
and laws. an amount of land which.
ogcther with the land now applied
or. will exceed in the aggregate
10 acres"
Other records OF the Land OF |
ice we're introduced in evidence
moving that ON November :. 1911,
Duke relinquished his last desert
and entry, and on the Sd Of No
'ember, 1911. made homestead en-
ry for the 81 acres which he had
'een allowed under his last desert
and entry. In making homestead
ntry the applicant is required 10 |
make oath, that since August 80, |
800. have not entered and acquir-
d title TO, nor am now claiming, |
nder an entry made under any OF
he non-mineral public land laws, an