El Paso daily herald. (El Paso, Tex.) 1881-1901, 1899-02-14
TEMPLE is GIVEN UP
The Vcxed Extradltlon Case Ended
At Last.

liz dhSS 4S"plS lbClO0uU LII WuICu
the Arizona and Sonora authorities
and Washington and the City of Mex
leo nave been very much concerned for
the last Jour month Ia ended, says the
Republican dated February. 9.
Governor Murphy yesterday receiv-
ed a telegram from ex-Sheriff Leather
wood at Guaymas saying that Temple
had been surrendered to him and that
he would leave with him at once for
Tucson.
The case was much more serious than
it seemed to be, for it raised a question
between the two nations, a peaceful
settlement of which seemed possible
only by the backing down of one or
the other. Much more thar the mere
person of Temple as an American clti-
zen was involved. The settlement is
unsatisfactory, for the main question
of the right of the Mexican govern
ment to exercise Jurisdiction under
certain circumstances over cases ais
ing on American soil is still an OpeE
one. The.case was briefly ss follows:
Temple, an employee of the Sonora
railroad, shot and killed a Mexican at
Nogales on this side of The line. Soon
after that in the course of his duties
be crossed the line when be was arrest
ed on a trivial charge. The Mexican
authorities announced that they were
going to try him for the killing of the
Mexican, Notwithstanding it occurred
in Arizona. 1t was not ever shown
that Temples victim was a citizen of
Mexico, but it was commended that
though he was born in Mexico he had
become n~aturalized under the prOvi-
sions of the last treaty regarding the
cession of territory.
An attempt having been made by the
local authorities to get possession of
Temple, Jhe matter was laid before the
state department.. where the principal
thing desired seemed to be to prevent
the Mexican rDm ent from trying
to exercise the jurisdiction which this
country had always denied. Negotia-
tions were begun with the City of Mex
leo. They apparently progressed so
satisfactorily that the state department
believed the affair vas ended except
for the actual surrender of the prisoner.
1t was especially desirable to avoid any
possible complication that might arise
by reason of the termination of the
Mexican e~XtraditiOn treaty. An Or
der was received here from the pres
ident for the possession Of Temple IN
der regular extradition proceedings.
The requisition was put into the hands
of Sheriff LsatherwOod, who term had
not then expired, and he went to Mex
leo as the agent of the Unit2d States.
He encountered q variety of delays
arising from the most trivial causes.
For instance, some of the papers re-
ferred to Temple as Jim" whereas
the state department and the presi-
dents order dignihed him by 'tJsmes"
Then a correspondence ensued between
the sheriff and Ambassador Clayton.
In the meantime the sheriff was no
longer sheriff. He returned
to Tucson, but shortly after
returned to Mexico as h
agent of this government, believing
that all obstacles had been removed.
He went to Magdalena, where Temple
had bee taken for safe keeping soon
after his arrest. The prisoner was
then taken to Hermosillo for some pur-
pose which has never been explained,
and at last to Guaymas, where he was
to be tried before q federal judge, q for
mality understood to Immediately pre-
cede his surrender. Aoout the middle
of January Mr.. Leatherwood telegraph
ed that the trial would at
once and he would be in possession of
Temple by January "a. The treaty
would expire that night at midnight,
Since then nothing definite WAS
heard of either the ex-sheriff or Tenn
was to begin almost a month ago aud
was understood to be a mere formality
has presumably just been concluded.
What effect the expiration of the ex-
tradition treaty would have on the
case was not understood here. 1t WAS
certain. though, that Temple would
not avail himself of it. for perhaps in
all criminal history there was never a
man so anxious to waive his rights and
return to the place of his crime
Vidette.