Bisbee daily review. [volume] (Bisbee, Ariz.) 1901-1971, 1915-08-26
SMALL HEADWAY
IN COSTELLO
SUIT
Slow Progress Is Made in Trial
Of Famous Suit; Arguments Of
Attorneys Take Entire Morn
ing; Many Witnesses.

TOMBSTONE, Aug. 25.(SpeciaO
But little headway was made in the
trial of the nningham-Costello case
this morning on account Of number
of questions arising that had to be
argued before the court without the
presence of the jury and it was not
until after eleven o'clock that the
jury were called into court and we're
allowed to listen to any testimony in
the case
The defense this morning objected
to the plaintiff putting in any testi-
mony whatever concerning the Hattie
Manchester. Supplement, Buckeye,
Roy and Leo mining claims in the
Warren District and also to the plain
tiff introducing any testimony con-
cerning the assignment Of Julia Gun
ningham In the first instance the
court overruled the objection Of the
defense and viii allow the testimony
TO go in regarding the mining claims,
but held open the question of the in-
PRODUCTION of the testimony of the
assigned claim OF Mrs Cunningham.
The mandate sent down by the Su
preme Court was rather vague in a
number of instances and left the ques.
tion open as TO just what should be
heard by the court when it ordered
the new trial The defense claimed
i'm view of the fact that the judgement
rendered by Judge Smith gave them a
verdict for these five claims that they
should not be involved in the present
suit The plaintiff claimed that in
view Of the fact that the Supreme
Court said the order of the judge in
giving judgement in the case was
vacated so that it left the entire mat
ter open.
+ The introduction Of testimony on
any of the above questions will be OBJ
jected to by the defense and WIN go
in subject to their objections so that
an appeal may be taken on these
grounds should il become necessary.
After the conclusion Of the argu-
ments on these points the jury was
called in and up to noon the plaintin
was engaged in introducing documen
tary evidence in the way of mining
locations deeds, etc, covering the
mining property in the Warren Dis
trict that is involved in the suit.
This afternoon the first witness for
the plaintin was put on the stand, Al
of the witnesses for both sides We're
put under the rule, the witnesses for
the defense being all sworn in this
morning while those for the plaintin
were put under the rule yesterday.
Among the witnesses to be exam
ined are the following: Emil Marks
Jack Graham, Tom Grady, Ton
Wright Mrs. Julia Cunningham, A
w. Howe, Joe Muirhead Ed. Hotobp
James Letson, Dan Hanley. Mrs. Mar,
I Costello, Pete Mccoy Peter Johnson
Angus Gillis. VIM Davis, Alex Smith
Jas. Critchley. David Hasler. Ton
Whitehead, Mrs. A. Bauer, Tom Tate
Ed Cain. Mrs Pennypacker, Date era
ham, Dick Todd James Barrett
p James Campbell, James McHugh Pa
J. McNelis, Chas. McHenry. Andrew
p Smith and Dan Huddy.
Besides these the depositions OF
number of witnesses in Michigan, Cal
q ifornia and other places will be read
] There is but little chance of the cas-
! being concluded this week accordin
2 TO the views expressed by parties II
] terested in the case as none of tn
D witnesses had been placed on tn
stand until this afternoon. this cor
a tention will no doubt be borne out.
. The court room Is filled with spec
2 tators who are interested in watchin
p the progress Of the case. as both side
t have their friends and acquaintance
p in this city and wish to watch ever
g move made as well as listen to tn
arguments Of the counsel on matter
that arise during the trial OF the cas-