Arizona weekly enterprise., 1888-10-20

Now as to the motives that actuated this summary and unusual proceed ing that ghoulishly invaded the privacy of home in its first hours of grief be- side the dead-those sacred moments when the bangs of eternal separation are poignant with sentiment of un- speakable woe-the public can best judge. It was warranted neither by the sanction of law nor the custom of precedent, and no possible excuse can be made that is sufficient to exonerate Levi Ruggles of a deliberate attempt to exceed his lawful authority and dis cretion as Probate Judge, for what pur- pose?
 With the power and inclination to pervert the functions of his office what protection has the widow and family of any property owner when the mex orable summons of death suddenly comes? With the possibility of simi- lar outrages lowering over those help less ones he must part with forever, what terrible anxiety and forebodings must harass the death bed of every frugal person whose years of toll have been patiently borne that they might be provided against poverty and want when he shall pass on to his destiny?
 These are weighty arguments that should influence every voter in cast ing his ballot at the coming election. There is no "campaign roorback" in this recital of plain and unanswerable facts, sent out too late for rebuttal, for there is still plenty of time to meet the accusations herein made, if any grounds of defense exists.
 But if it be necessary to present any further proof of the danger of re- taining this man in office, another
 FRAGRANT ABUSE OF AUTHORITY
 is herewith appended, which opens a new element peril to the people and jeopardizes the majesty of the law.
 On May 9th, 1885, Andrew Dorsey was tried and convicted of highway robbery in this county, and was sen fenced to eleven years imprisonment at the Yuma penitentiary.
 On March 17,1SS8, upon petition oii the father of the prisoner, alleging the illegality and unconstitutionality of a trial upon information instead of in- dictment by a grand jury, a writ of habeas corpus was issued by Levi Rug gles, Probate Judge, and upon hear ing given on March 26th, the pris- oner was discharged from custody and at once left the country by the con- nivance of his friends. The jurisdic- tion of a Probate Judge in such mat ters is limited to the county in which he holds office and upon no occasion does it extend beyond it. The tech nical flaw in the trial could not miti- gate the offense nor lessen the guilt of the prisoner, and the custom in such cases Is to remand the prisoner to the custody of the sheriff to await the ac- tion of the grand jury. The prisoners attorney neither asked for nor ex- pected his discharge, the object being to receive new trial with its chances of acquittal-or, at best, light sen tence. The lawyers look upon this extra-judicial proceeding as a most fragrant abuse of authority-or rather the usurpation of power. By such unwarranted means the doors of the penitentiary could be opened for the unrestricted egress of every criminal confined therein and the whole ma chinery and usefulness of the courts be nullified at the caprice of an ire sponsible petty official It was gross outrage and the indignity was magni- fled by the fact that saddled horse was in readiness for the prisoners flight in anticipation of the unusual proceeding of the Probate Judge How his judgment became known to the friends of the prisoner before it was rendered upon the hearing the reader must himself infer.
 These facts are surely sufficient to not only condemn this aspirant for renewed honors of office, but they con- stitute good grounds for his removal from the office whose functions he has so grossly abused. It makes little diff ference whether unworthy motives or incompetence inspired his action, it is dangerous to permit such person to retain the power to commit such evils.
 The voters of Pinal County are re- quested to make for themselves the most careful and searching inquiry in to these charges and verify them to their satisfaction. Let them deliberately and dispassionately weigh the facts and consider upon the day of election whether the safety of themselves, their families, their neighbors and the in stitutions of good government can be entrusted with impunity in to such hands.
 MT Geo Stone hoe annou,oo5