Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1899-11-11
WILL KEEP KETCHUM
Ofenses Committed In New Mexico
Too Grave to Let Arizona
Have Him.
REQUISITIoN NOT nyNoRED
Will Be Tried In New Mexico For Train
Robbery, Which Is Capital 0ffense
And Can Also Be Tried For
Murder.

| Ao-oay ToNeIliol OtefO considered the
requisition of the governor of Arizona
for the delivery to that territory of Ton
ketchum, the train rObber. Sheriff
Mund, of Yavapia county, came to the
capital as the agent of Arizona Ketch.
UNI in cold blood killed two merchants
in that county, and when captured in
NeW Mexico was being sought by this
Arizona sheriff. There were rewards Of
fered in Arizona for the arrest and con-
viction of the assassin amounting to
$4,000. A large part of this sum was to
be given for the apprehension of the fu-
gTtive, dead or alive Ketchum was
| wounded In attempting to rob a train
| near Folsom, picked up by the wayside
and identified by the trainmen. He was
turned over to the United States mar
shall of New Mexico and held Ito answer
for unlawfully interfering with the
transmission of mails by stopping a
train. Later on indictments were found
against him by the territorial courts for
trying to rob trains in more than one
instance, and indictments will be found
against him for the murder of "a post
master and several other men at Lib
erty, Union county, in company with
his brother, who recently died in the
penitentiary from a gunshot wound re-
ceived in the act of robbing train.
The Arizona authorities secured the
consent of the department of justice to
waive it's prior right to try Ketchum for
interfering with the mails in order that
he might be taken first to Arizona and
tried for murder, where execution
would certainly result In the meantime
the charges against him in New Mex
leo had taken the form of indictments,
and the consent of the territory had to
be asked for his transfer to Arizona, as
he is also IA territorial prisoner. This
matter was submitted to Governor
Otero. District Attorney Leahy, of Ra-
ton, resisted the requisition, assisted by
District Attorney Gortner on behalf of
Solicitor General BARTLETT.
Section 115-of the Compiled Laws of
New Mexico provides that any person
who makes an assault upon train, or
upon passengers or employees of a train,
for the purpose of robbery, AS did
Ketchum when he wounded several of
the trainmen, is guilty of felony, the
punishment for which is death. This
law was passed for tife purpose of put
ting stop TO crimes of this kind. The
Ketchums chose to disregard 1t and en-
dangered the lives of people in this ter
ritory.
After considering the matter fully, |
Governor Otero decided that it was
against public policy to turn over to an |
other territory a prisoner so plainly |
guilty of serious offense in New Mex
leo until every effort has been made to |
enforce the laws of the territory in |
which the crime was committed. This |
territory has reached the point where |
she desires the whole world to know |
that she will punish outlaws caught |
committing crime, and to deliver one to !
another territory, might, under the cir
be to raise a supposition |
that there is fear that "a conviction |
could not be secured here New Mexico
cannot afford Ito have such an impress l
sion created The governor has every |
confidence in the ability of the courts |
and jurors to enforce the law against
such criminals, and therefore, while re-
GREETING the necessity of not granting
the request of Governor Murphy, felt it
to be his duty to keep the outlaw In
Nou, Mayino Tho erova,rnnr- realized
that should by any possibility the evil
dence against the murderer and robber
for crimes committed in this territory |
be lacking in any respect, there would
still be plenty of time to permit justice |
to be enforced in Arizona. But as such
a result in this territory is unlocked for, |
and as evidence seems Ito be abundant,
Governor Otero declined to honor the