Arizona republican., 1890-05-24
FIRST BLOOD. Judge Kibby Expels Some of the HOldOverS. Asylum Commissioners and Prison Directors Must Go. Defendants Ask for New Trials, But There is No Stay of Execution
 Granted.
They die hard, but they die.

s the Territory by Attorney-General Churchill. A number of witnesses were introduced on both sides, but it was agreed at last that there should be a statement of facts on the part of both. There was no substantial difference as to these statements of facts.
 It was admitted on the part of the de- fense that the appOintee of Governor Wolhey had been appointed and con firmed by the legislature, as Directors of the Territorial Prison; that Captain Ingalls, had been appointed as superin- tendent of the prison by Governor WOlfey and had been confirmed; that these respective appointees had acted in their several positions so far as they could act under the circumstances with the holdover board and the holdover superintendent having possession of the prison.
 The complainants admitted that Prison Directors P. R. Brady and Thomas Hallick had been acting as di- rectors of the Territorial prison ever since their appointment; that Joseph J. Stein had acted as secretary and John H. Behan has acted as superintendent of the prison during the same time although demands had been made upon each of these several officers to sur render their places to the new appoin- tees.
 When the cases had been made up they were ably argued separately by Attorney-General Churchill for the plaintiff and ex-Judge Barnes, of Tucson for the defense, the latter saying in the course of his talk upon the Stein and Behan cases that he had, upon mature reflection, come to the conclusion that the ruling of Judge Kibby upon demurrer raised in these cases had been well taken. Judge kibby, it will be re- membered, had ruled that the positions held were offices and not mere employ ments, thus making the officials respon- sible to the Territory and not merely to the Board of Prison Directors. A similar ruling was made also in the Titus and Alexander cases.
 After the argument Judge Kibby in a few terse sentences delivered his opinion.
 "It is the ruling of this court" Judge kibby said, "that the defendants Brady and Halleck are usurpers of the posi- tion occupied by them, and judgment will be given for the plaintiff in those cases. The offices will be turned over. The cases against Behan and Stein will be taken under advisements. the attor- neys to file points and authorities with the court"
 Counsel for Brady and Halleck at once filed written motion for new trial, which motion was overruled by the court, defendants noting an excep- tion to the ruling.
 The court then proceeded to the con sideratiOn of the cases of the Territory upon the relation of the Attorney-Gen- eral against c. k. flakes and Maurice B. Fleichman, hOldover Commissioners of the Insane Asylum. Here, also, there was the admission upon either side of an intended statement of facts substanti- ally the same as had been admitted in the proceeding case, the difference icing that the cases against Superintendent Titus and Secretary Alexander were not included with those of the Directors.
 But two breaks occurred in the long chain of admissions, the first coming when the Attorney-General said that he wished to prove by Mir. Monihon, Presi- dent of the new commission that q de- mand had been made upon Mir. Fleisch- man to turn over his office.
 Judge Street, at this juncture, hastily consulted MT. Fleischman, who was present, and then announced that no such admission would be made. Then Mir. Monohan took the stand, and swore that demand in due form had been made upon Mir. Fleischman.
 The next break came when Attorney General Churchill declined to admit that MT. Fleischman's predecessor, upon the Zulick Board, had resigned, no men, ton ot such resignation appearing upon the minutes of the Board.
 Clerk Alexander, of the old Board, was allowed to make statement to the effect that such resignation had actually taken place. This was accepted by the Attorney-General, and the case for the defense was closed
 "l will order judgment for the plaint- if," Judge Kibby said "The offices will be turned over."
 "We will give notice of motion for a new trial," !" Judge Street said. The mo- tion will be submitted in writing, proba- ply, tomorrow.
 "There are yet remaining two more of these cases to be tried" Mir. Churchill said, ''those against Alexander and Dr. Titus"
 ''How long will it take to try these cases?" asked Judge Kibby.
 ''It will take as long as these cases that we have just concluded" Judge Street replied.
 ''I will set for them for 9 o'clock to- morrow morning." Judge Kibby said.
 ''I would like your honor to under stand" Judge Street said, "that there is some other merit in these cases."
 That is rather a peculiar admission for counsel to make to the Court" At torney General Churchill said. "Does he mean to imply that there has been no merit in the rest of these cases?"
 'I should have said that the questions raised were different" Judge Street ex- plained. The Titus and Alexander cases will be heard to-day.
 There was talk of appeal in the cases decided yesterday, but no stay of exc cution was asked for or granted.
 LOCAL BRIEFS.
 Better pavements are needed.