The record-union., 1896-04-10
REQUISlTION ASKED FOR.
Arguments For and Against the Return
Of Mrs. Emma York.
Her Attorneys Claim That What is
Wanted is to Get Her Here for
Service Of Civil Process.

Ayton Armitage of San Francisco,
attorney for Mrs. Fred Gibson, was be-
fore Governor Budd yesterday morning
and asked that requisition be issued
on the Governor Of Colorado for the re-
turn to this State of Mrs. Emma York,
who is now in Denver, and is the mother
of AL. Gibson and his brother Fred, de-
ceased. The reasons given for the issu-
ance Of the reQuisition was that Mrs.
York had absconded with $50, 1000,
which money belonged to Fred Gibson
at the time of his death, and half of
which by law now properly belonged
to his widow. The attorney stated
that Mrs. York was charged with en-
bezzlement, which is a felony, and
that for any penal offense it was the
duty Of the Governor to issue requisi
tions for any parties who had removed
from the State, and the duty Of the
Governor of any other State to honor
the same by returning the alleged GRIM
inal.
Elwood and A. j. Bruner appeared
as attorneys for Mrs. York and Al.
Gibson, and contended that the ap-
plicant for the requisition had no in
tention of serving Mrs. York with any
thing but a civil process If she were
returned here, and that in such a case
the Governor could use his discretion
as to whether a requisition should is
sue or not. Elwood Bruner stated his
willingness to make personal affidavit
to the effect that the reQuisttiOn was
not for the purpose Of bringing Mrs.
York under a criminal process, but to
get her back here SO that she may be
served with a civil process.
AL. Gibson was recently arrested on
a similar charge to that which is now
placed against his mother, but was
discharged, no intent to defraud being
found to exist. Regarding the things
connected with the case and which
have led up to the requisition proceed
ings, Mr.. Gibson says:
my brother Fred and his wife di-
vided their property some time ago,
and separated, and since then Fred
would have nothing to do with her.
When Fred was taken sick and found
he was going to die he sent for mother
and gave her all Of his money, amount
ing to $4,000. When this was done
there were present in the room,
beside Fred and mother, a man
named William G. Cook, who was
Fred's partner in the saloon business,
and myself. AS mother is 66 years old,
L did not think it best that she should
have charge Of the money, and so I
prevailed upon her to let me have 1t,
which she did, and took it to Sacra-
mento.
mo sooner had I left than Cook, who
is a friend of Fred's wife, demanded
that mother give him the money. When
she told him that 1 had it he told her
that I had skipped out with it. OF
course, mother believed nothing Of the
kind, but came to Sacramento to see
me, where gave her the money and she
left for Denver. Right after this I was
arrested on a charge Of embezzlement
and facts as have stated them being
brought out at the examination. was
discharged.
'Fred's wife thinks that she could get
some of this money by a civil action
and has adopted this method of bring
ing mother back from Denver where
she can get Jurisdiction over her."
After having listened to the argu-
ments the Governor deferred action on
the matter until this morning.