The record-union., 1896-04-11
MRS. YORK MUST RETURN.
Governor Budd Issues the RequiSiton,
as Requested.
Some Very Tangled Testimony Given
at the Investigation Of the
Case Yesterday.

Governor Budd passed most or the
day yesterday in listening 10 argu-
ments for and against the issuing OF
a requisition for Mrs. York, mother of
Fred. Gibson, who was arrested in
Denver on the charge of embezzlement
in leaving the State with the money
given to her by her son.
The case is an interesting one, as the
arguments and testimony go to the
point whether the application is made
in good faith, or only in order to get
Mrs. York back here in order to serve
her with papers in civil suit to re-
cover the money, and the Governor has
given long and patient attention to the
evidence.
The question Of whether a Governor
has discretion as to granting or refus-
ing an application for requisition pa
pers is an unsettled one. In 1871 or
1872 twenty Governors, or their repre-
sentatives, discussed the matter in
council, and decided tnar such discre-
ton was vested in him, but other au-
thorities hold otherwise At that meet
ing Rutherford B. Hayes, then Gov
ernor of Ohio, stated that, out Of
twelve requisition cases acted on by
him, eleven were dismissed after the
party had been brought back, and the
other case resulted in an acquittal.
William Cook testified that at the
time Of Gibson's death he was not his
partner, as he had bought the saloon
from Gibson for Sc. He afterward
said that the nominal consideration
was So, 500, but he only paid S..
Governor Budd wanted to know how
it was that Cooks affidavit, sworn to
in support of Mrs. Gibson-s complaint,
ayerred that he was Gibson's partner,
and Cook became confused. The affi-
davit also purported to be based on
his personal knowledge Of matters, but
he confessed that he had no personal
knowledge, but had been told all he
knew.
Mrs. Gibson testified that she was
on friendly terms with her husband, and
that he had written to her as late as
last January. She did not go down to
nurse him at first, because Cook did
not notify her Of his sickness, but when
he wrote she came down. She did not
separate from her husband, but was
not with him when he went to Arizona
and South Africa. He decided his
property to her because he did not
be attached. They did not have any
quarrel at that time, but he made
charges against her and Cook. He did
SO on the information Of AL. Gibson.
The complaint and affidavit for the ar
rest Of Mrs. York were sworn to by her
on information and belief, and was not
Of her personal knowledge. Mr.. Rich
ards was her attorney, and the state
ments made by him in court were cor
rect.
w. Cook was recalled and testified
that he sent for Mrs. Gibson because
Fred asked him to on the Saturday be-
fore his death. Fred told him to go to
the Safe Deposit Company and get the
money and bring it to his mother. He
denied having handed the money to
Mrs. York. He offered to put the
money in the safe, but Gibson told him
to leave it on the bed. He did not ask
Gibson what he wanted OF the money.
A Bartoiocci, who had helped nurse
Gibson, testified that he heard through
the glass door conversation, and
heard AL tell his brother that Cook had
signed bill Of sale and he called his
mother to witness 1t. He had known
Fred to send his wife money several
times, ranging from $50 upwards. He
had been intimate with Gibson for a
year past, but had never seen him and
his wife together until his last sickness.
After the bill of sale was signed Cook
came out and told him about it. Then
he made a memorandum Of the coriver-
sation he had overheard. He did not
speak Of it at the trial in San Fran
cisco because he was not asked.
The memorandum produced by wit
ness, which he said he wrote a few
minutes after he heard the conversation
about the bill of sale, did not tally
closely with his testimony.
Mrs. Alice Carroll testified that the
day before Gibson died she saw him
with his arm around his wife, who
ministered to him during his sickness.
She thought their relations were friend
ly. Mrs York waited on Fred, and he
told witness that his mother annoyed
him. She did not think that Fred
wanted his mother there. She never
asked him why he did not send for his
wife.
Governor Budd took the matter under
advisement, and last night issued the
requisition as requested.
Y. w. C. A. NOTES.