Arizona republican., 1906-04-08
TEODORA ELIAS
 NOT 10 BE HANGED
The Commu: alton Yesterday of the
 Insane nurdersr's Sentence.

Governor Kibbey yesterday com muted the sentence of Teodora Elias, now confined in the Pima county jail under condemnation of death, to life imprisonment in the territorial peni- tentiary.
 This is one of the most interesting murder cases that ever came before the territorial authorities by reason of peculiar circumstances brought out, and one of the best-known cases through the facts of the murder The victim was William Katzenstein. a Tucson policeman. He had lived in Arizona a long time, was we'll known and respected and had a nice family The killing occurred while he was in the discharge of his duty, trying to preserve the peace. It did not appear that he was the especial enemy of the murderer or that there had been any unusual occasion for Elias to demon strate his spite. Elias was also a mere boy, scarcely out of his teens. and it was that of a degenerate, one whose habits were bad and whose valuation on human life was low. Nevertheless, he had influential friends who. appre- ciating his mental and physical weak nesses, sought to make his punish ment light as possible, while ad- hitting the cruelty and outrageous ness of his Offense.
 The crime was committed in the fall of 1903. In May, 1904. he was tried and convicted and sentenced to be hanged in June. 1904, notwithstanding the plea of insanity was offered in his defense. There was a general belief or at least a fear that the theory of insanity was utilized because there seemed to be no other possible defense. After convic- tion, evidences of insanity seemed to increase, and before the date for exc cution the fact was established in the minds of many of the friends of Elias The law forbids the hanging of a crazy man. and when the proper represen. tations were made to the governor. q reprieve was granted that a jury. pro- Vlded for bS9 law in such cases. might deliberate upon the question of Elias sanity. The verdict of the jury de- clared him insane. and he was re- manded to the custody of the sheriff where he has been ever since. this be- ing in the summer of 1904.
 A very peculiar situation then be- came apparent. Elias could not be hanged until his reason was restored \ man under sentence of death could not be sent to the insane asylum. nor could an insane man be sent to the territorial prison. Elias was therefore doomed to serve a life sentence in the Pima county jail or in the event of returning sanity mount the scaffold lie has been a constant source of ex- pense to the county. but there seemed 10 be no relief except through time which would develop a change in his condition. During the last year it has been apparent that his mental corfdi- ton was becoming worse rather than better, and the close confinement of the jail with the lack of conveniences Tor the proper care of the insane was undermining his health. The applica- ton to the governor for commuta- ton of sentence was therefore acted upon favCrably and Elias will be taken to the penitentiary. There is little doubt, though, that immediately upon hls arrival the prison officials will dis cover his mental condition. and through due process of law have him removed to the asylum for the insane.