Arizona republican., 1909-11-12
j. p. STORM $
 FINAL HOPE Lies In a Pardon by Gov
 Grn0r Sloan PETITION IN HIS HANDS
The Formality of Re-sen- tencing the Former Treas urer of Yavapai County Will Be Attended to Next Week By Judge Doe.

Prescott, AriZ.. Nov. 10.-(Special Correspondence of The RepublicanD-
 When Judge Doe returns from Phoe- nix next week. where he has been sitting as a member of the supreme court of Arizona. and resumes his du- ties on the bench here. the re-sen- tencing of James P. Storm. eX-treas- urer of Yavapai county. will probably be carried out.
 Advices that were received vester- day from Phoenix stated that. in the storm case the supreme court of Arizona had Set aside the order stay Ing proceedings until the United States circuit court of appeals at san Francisco would pass upon Che ap- peal taken by Storm to that court and ordered the issuance of a man date to the district court of Yavapai county. directing 1t to proceed with the execution of the judgment of con Nictlon entered by the district court
 The termination of this case in the action of the supreme court author ized yesterday closes one of the most sensational and interesting criminal transactions in Arizona. Mir storm was the county treasurer of Yavapai county for two terms. during the years from 1901 to 1904 on the morning after the election in 1904 the community was startled by the announcement that he had been found gagged in the vault of his office and the money of the county treasury gone and the interior footed. IrVesti- gation later brought out the fact that over Sl5.o09 was missing. Legal pro- ceedings were instituted against the eN-treaSurer and four trials followed. One of them resulted in an acquittal and two in hung iurieS, but finally on one of the indictments specifying a certain sum. a conviction was had. He was sentenced to term of four years in the territorial penitentiary and an appeal was taken tD the su- preme court, which affirmed the rul- iugs of the lower court This was two years ago. and an appeal was then taken to the United States cir cult court of appeals at san Fran c4,0. where Storms attorneys con tended that his acquittal on the blanket" charge of embeZzlement had the effect of clearing him of the of fense charged in the indictment on which he was found guilty. the plea of being once in jeopardy being raised. The territory was represented before the United States circuit court of appeals by R. F.. Morrison and F. z. Clark. and the court took their views of the case and upheld the de cision of the supreme court of Ari- zona This was in May of this year and in July the remittitur was re- ceived by the clerk of the supreme court. Fred Tritle No official action could be taken until that body was in regular session. and accordingly this was done yesterday. when the formal order for the stay of proceed fngs was revoked. and mandate is sued to the Yavapai county court to execute the judgment Unless Gov ernor Sloan should grant a pardon. storm must serve his sentence. as all means have been exhausted for ob- taining relief or further delay in the courts. Storms friends. whom he numbers by the hundreds. believe that there are others partly responsible for his downfall and they have signed a petition to the governor asking Tor his pardon The petition contains several hundred names. and IS no" in the hands of Governor Sloan, who has not intimated what disposition he will make of it.