Daily Arizona silver belt., 1909-02-04
J. $. AUTHORITIES
 WANT BODY IF HUBERT NEW CHARGE PREFERRED BY THE POSTAL DEPARTMENT FOR
 MIsUsING MAILS
WILL BE TAKEN TO MEMPHIS
PUT UNDER $5,o00 BOND TO AP- PEAR BEFORE UNITED STATES
 COMMISSIONER.

Alessandro huberto, arralgned yester- day morning before Judge Norman J. Johnson, the United States commission CT, on charge of using the mails to defraud, was placed under 5000 bond to appear for hearing Saturday after noon at o'clock. Failing to furnish bond, the Italian was remanded to the county jail
 "Vox clamavis in deserto,' Ga voice crying in the desert), quoted Ruberto in conversation with the Silver Belt on his return to the sheriff s office.
 Ruberto had just come from the office of the United States commissioner, where he made one of his characteristic speeches, exhibiting, by the way, no lit tie acquaintance with the federal postal laws. He was in philosophical mood, and turning to the reporter remon- strated gently:
 You have not treated me fairly. I What will you say about me tomorrow. l can explain everything, but you Dev- CT gave me chance. l know, it is al. ways so. When one is in my position, one is vox clamavis in deserto-do you know what that meansgo
 Ruberto was shown a capias, or war rant issued out of the criminal court of Shelby county, Tennessee, together with letter from Sheriff F. s. Monte verde of that county, advising Sheriff Thompson that A. B. Hurst had been 1 deputiZed 10 come to Globe and take charge of the prisoner. This was ne companied by A letter from Chief of Police George T. O'Haver of Memphis, as follows:
 1 "Memphis, Tenn, January 30, 1909. "J. II. Thompson, Globe, Ariz | "Dear Sir--I am sending A capias for 1 Alexander Ruberti issued out of the criminal court of Shelby county, ir | which he stands indicted. The requisi. tion papers will be issued by Governor Patterson on Monday and the officer will start from Memphis, also, on Mon day. Very truly yours,
 "GE0RGE T. O'HAVER, fl "Chief of Police. | The crime mentioned in the capias is forgery, and "instanter is written ir place of the words, "the third Monday in April" making the document read "The criminal court will convene in stanter." Also, the word "again" if written in over the injunction to tho sheriff, making it read, "You are agair commanded to take into custody tho body of Alexander Ruberti.''
 "What do you know about that What do they want you fori" the pris oner was asked.
 "The same thing as here, he an swered, after a moment of hesitation referring to the two charges preferred against him by local merchants, one oi which charges was dismissed by tn, district attorney while the other wa. dismissed by Justice Hinson Thomas af
 ter a hearing, as already published. II Whatever it may mean, Ruberto wal shoekingly careless in his correspond
 ence.
 ''I do wish you would get out of tha business,o girl wrote to him. "Yol
 have a bad name here. If you decid,
 to settle down anywhere, l think yol
 would do well if you settle down un
 der another name.
 Other letters received by him iron men, apparently associates in business begin with, "Dear friend" and con clude with "A friend,' but the anony
 nous writers seemed to be writing i, the course of a regular correspondence
 for all that they studiously avoided mentioning any names.
 As anxious as he was to return t
 New York in order to avoid bein, taken back to Memphis, Ruberto ha,
 already begun fighting his case in tn metropolis and several telegrams wcr exchanged between him and the Flor ence Distilling company which he rep resented cn the road. From the coun ty jail, the prisoner directed certail course of action to be taken by his Ney York friends, but all this was cut shor the instant he became a United State prisoner. Postmaster Sturgis has pu strict embargo on all telegrams an letters, and Ruberto was very much dc pressed in consequence.
 Ruberto was taken before Justic Hinson Thomas at 6 clock yesterda evening and tried on the charge of be ing fugitive from justice. The prison
 or spoke never word during the CT tire proceedings, contenting himsel with taking notes fro ma few of tn
 dozen or so of telegrams and papers ir
 troduced in evidence by Assistant Di. trict Attorney Weinberger. Neithe
 Attorney Flannigan for the defense no
 Attorney Weinberger made any argr
 ment, and Justice Hinson Thomas order ed that lRuberto be turned over to tn custody of the sheriff for ten days. Yesterday, Attorney Flannigan ar
 nounced his intention of applying fo
 a writ or habeas corpus today. Deputy Sheriff Hurst of Shelby cour