Arizona republican., 1899-01-05
GlROUx IN DISTRICT COURT
The Great rIinina Case is on Trial
 This Week.

The extradition case of Eugene L Giroux, a brother of Joseph L. GirCux superintendent of the United Verdt mines at Jerome, is being tried at B Paso, Tex, before Judge Walthal of t1e district court ca a writ of habeas cor pus, testified copies of the Oregon in dictment and other necessary papers having been received from. the gov ernor.
 Judge BuckIer, counsel for desers2 attacked the suff1cisncy Cf the indict- ment at considerable length, reading from the laws Of Oregon, decisions O. Texas and United States courts bear ing upon the case, says the Fl Pas0 Times. He contended that the indict- ment was fatally deficient in that it failed to charge an offense agairss tie laws of Oregon. EXtradition is g0varn- ed, not by the laws of the states hut by the federal constitution and the act of congress of 1793, and state and fad eral courts, having concurrent juris- diction, consequently set aside war rants of governors for. extTaiition This was done in New York, the gov erncr of which state issued h s war rant for the arrest and extradit.on of a resident cn the requisition of the gov ernor of Michigan, in a case Of alleged conspiracy to d5fraud and obtain cer- tain property under false pretense.
 In reply to a question by the court, Judge Buckler read the Oregon indict- ment at length, charging Giroux with having fraudulently obtained from enc Imlhaus and associates the sum Of S20,- 900 by selling to Imhau5 certain con glomerate mining claims on the strength of samples of the ore and ma terial exhibited tO Imhaus as having been taken from the n1inirg cl8 ms to be and which were sold, it being alleg- ed that gold, gold dust and other min eral samples net taken from said claim Fwere mixed and mingled with the sam pies actually taken from the mines sold.
 Judge Buckler's contention was that the indictment was deficient in that it did not claim that the S2O,00O alleged to have been paid to Giroux December 1, 1895, was the property of Imhaus, h's associates or of anyone else.
 Judge WalthaI intimated a doubt as to his right to inquire into the sufi- ciency of an indictment found under the laws of Oregon.
 Judge Buckler replied that he did not contend Hhat the court should pass up- on the formal aspects Of an Oregon in- d1ctment but that it should upon a case where no offense was charged in the in- dictment, as in this case where nc ownership was hown for the property alleged to have been obtained by de- fendant
 Judge Leigh Clark took up tte argl1- ment for the relator, Giroux, and made 6 strong and logical argument citing many pertinent decisions, and continu- ed until 4:40 p. m., when the court tco1 a recess until 10 o'clock this morning.
 It may be stated as a fact that Mr Giroux, had a written contract ac- knowledged before an Oregon notary public, signed by himself as party Of the first part and E. N Imhaus, (who procured the indictmenO, party Of the second part, showing that G roux gave Imhaus working bond on the mines alleged to have besn fraudulently so d. the terms of which are that Imhaus was Ato pay Giroux one-half of the net pro- leeds of the mines until such time as Such payments should aggregate S6,000, when Giroux was to deed Imhaus and his associates the property. From this