Arizona weekly citizen., 1882-05-21
THE EARP CASE.
The Granting Of Acquisition for
 Their Delivery
To sherIn Paul Of Pima county.

lHeir Delivery
 To sherIn Paul Of Pima county. f After reading ,he associated pres t dispatches from Tombstone criticism, Governor Tritle in granting the requisi . ton for the delivery of the Earps now , under arreet at Denver to She-iff Pau instead of Sheriff Behan. ar attacht of the CITIZEN waited upon the Governor for his explanation. Tho Governor denied the statements ot
 fact and the implications contained . in :ho dispatch and said they
 were false and iEfamously sa. He made substantially the following statemr nj
 as true history of the case:
 1 received q dispatch ln the afternoon
 from Sheriff Behan stating that the
 Earps were arrested in Denver and de- string requisition for them upon an indictment found in Pima county, with a request to see the district attorney. I made inquiries and found that the dis trict attorney was absent from the city. l telegraphed the facts to Sheriff Behan and said that upon the presentation of indictment and warrant would issue requisition. After this dispatch was sent NIT. Horton, claiming to act for the dis trict attorney, and, with dispatch from NIT. Behan in his possession, asking him to procure a requisition from the Gov ernor, presented the proper papers, but represented that the supervisors of Pima county, together with himself rep resenting the district attorney, de sired that the Agent appointed by the Governor should be NIT. R. II. Paul, the Sheriff of Pima county and urged that they were entitled to name their own agent as the offense was committed in Pima county and they would be called upon to pay the expense of the arrest and return of the prisoners into the county. Upon this statement of facts l issued the requisition to Sheriff Paul and with the District Attorney notified | Sheriff Behan to that effect.
 Rep.-Then sou did not refuse to issue requisition to Sheriff Behan?
 Gov.-No, Sir On the contrary when the Distinct Attorney appeared with the papers l said q suppose that you have those papers prepared for Sheriff Behan." NIT. Horton. representing the District Attorney said "they were pre- pared for Sheriff Paul"
 A reporter of the CITIZEN then called upon Mir. Horton, who opened tue tele- gram from the Sheriff of Cochise county requesting the acquisition for the Earps, in the absence of the District Attorney, to whom the telegram was addressed. The telegram mentioned was in sub- stance as follows:
 Obtain requisltion from Governor for Earps, Holiday, etc, indicted in your county, now in jail at Denver, Colorado. Habeas cOrpus issued. Send to me at Denver immediately. J. H. ETHAN
 MT. Horton was on his way to obtain the requisition when he met the Chair man of the Board of Supervisors, who objected to the acquisition being sent to the Sheriffo Cochise county; that tue Sheriff of that county had already pre- sented bill of S2,0OO to this county for hunting the Earp party, and considered that kind of business had proceeded far enough. The members of the Board FrH4Tf faH I the same objection to him. A certified copy of the indictment, on file in the District Court of this county. was ob- talned, and the warrant that had been issued thereon; these were presented to the Governor and the requisition issued. The Governor likewise stated that there were no funds in the Territorial Treas ury appropriated to such purpose, and that the expenses of the acquisition etc, would have to be paid by the county on whose warrant the requisition was made. Thereupon the members of the Board in- sisted that the requisition should be glven to the person who was responsible O the people of this county for his acts. We have called upon the resident mem- bers of the Board, Messrs. Davis and Jacobs and find the above statement to be substantially correct. |
 Not only do the above facts warrant the action of the Governor in making the Sheriff of this county the agent of the Territory to bring back the prisoners, but had he acted otherwise, it would have been fragrant violation of the proprieties governing such occasions, and a disregard Of the rights of this county. If the Governor, in view of the fact that the territorial treasury contained no funds to meet the | expenses, ordered that the same should | be paid by Cochise county, when the l proceeding was founded on warrant is- l sued by the court of this county, would l the papers of that county be as hearty | in their recommendation of the payment l of those expenses, as they are now acri- | monious in their denunciation of the Governors conduct ?
 It would have simply been an outrage upon this county for the Governor to | have issued the acquisition to the Sheriff of COchise county, upon war rant issued in this, and have allowed | that officer to have proceeded to Den yer with a cart blanche against this county for expenses, a county to the people of which he owes no responsi- bility