Bisbee daily review., 1906-05-08
Released From Custody at
 Phoenix on Writ of Ha- I beaS Corpus.
MAY APPEAR FOR F v
 TRIAL ON MAY 2s.
Was Granted His Release on
 Ground That Tombstone Judge Had No Right to Fix Bali After Change Of Venue.

If Roy whittlesey would prefer not to face the court in Phoenix on a charge of having shot man and a woman in Tombstone several months ago, all he has to do is to get out of the Territory, instead of showing up there on May 29 for trial for assaul: with a deadly weapon.
 Last Saturday, Whittlesey was re- leased on a writ of habeas corpus on the ground that when he had been or dered placed under a bond in Tomb stone. in the absence of which he was placed in jail, the case had been trans ferred to Phoenix, and therefore the tombstone court had no jurisdiction in the matter.
 Whittlesey had to be released on his owr fecognizance, and is under no Ctligations to be in Phoenix on the date set for his trial should he desire to skip out and fail to put in an ap- pearance when his case is called.
 Whitt!esey went to a house in Tomb stone, in which his wife was staying with lady friend. The latter came to the door. and Whittlesey shot through the panel, wounding her. He then ran to a window, and was shot through the back by cousin of Mrs. sWhittlesey, who happened to be in the house.
 < Phoenix papers are printing large amount of staff about the Whittlesey case, which has no foundation either in fact or fiction. They state that was released from the county pail on Saturday on a writ of habeas corpus brought on the ground of alleged H. legal imprisonment. It further stated that the court in Tombstone in mak- ing the order for a change of venue overlooked the fact that Whittlesey was out on his own recognizance, and ordered the sheriff to take him to Maricopa county.
 In this matter there is an error somewhere, whether the court ID Ptoenix was not fully advised in the premises or all of the papers were not sent up Is a matter that cannot be determined at present, but the truth of the case is that Whittlesey after his trial in Tombstone was re- leased on a bond and shortly after went to Bisbee, where his bondsmen did not approve of his actions and sur rendered him back to the sherin, sc that at the time he was ordered to be taken to Maricopa county he was legally in the custody of the sherin or Tombstone and the same should have held in Maricopa county
 The case has been set for trial there on May 29.
 It is stated that one of the jurors went out with the bailiff and got drunk after the case had been submitted 10 them in Tombstone. Such was not the case. One of the jurors, l.. J. Bardwell. who is now fugitive from the court for contempt. just after the jury were empaneled in the case and before any of the evidence had been heard whatever, left the court room with 2 crowd and went up town. lie was found not five minutes after by the bailiT and returned to the jury room.
 When the matter was brought to the attention of the court, Bardweli was severely rounded up, as was the ballln' and discharged from further duty. He tten made the boast that he did 1t on purpose. and was arrested on a bench warrant. Upon the return being made Bardwen was brought into court, but was allowed to go on, his own TecoSn zance until the following morning. During the night Bardwel evidently decided that he was up against 1t and left Tombstone for parts unknown, and has not been heard of since.