Daily Arizona silver belt., 1909-02-16
OFFICERS AGREE TO ALLOW RUbERT0
 ID LEAVE
FEDERAL CHARGE DISMISSED WILLY ITALIAN TURNED OVER
 TO DEPUTY HURST.
LEAVs GLOBE THIS MORNING
ALL OFFICERS AND ATTORNEYS IN CASE AGREE THAT HE
 IS GOING AT LAST.
Vale Alessandro Rubertol

l The oily-tongued Italian confidence
 man will leave this morning for Mem
 phis, "unless unforeseen complications
 set in, as the doctors put it.
 Ruberto's case was practically de,
 cided by Judge F. s. Nave yesterday.
 But it took two sessions of court to
 settle the legal tangle, and, at the
 end of it all, Attorneys Flannigan &
 Jones gave notice of an appeal to the
 supreme court of Arizona. The actual beginning of the legal bat
 tie came yesterday morning, when Ru,
 berto was taken before Judge Nave in
 the federal court.
 Assistant United States District At
 torney George D. Christy, who had come all the way from Phoenix for thnt
 especial purpose, stated to the court
 that the government moved to dismiss
 the charges of misusing the mai s against Ruberto, charges under which the Italian had been committed under 5000 bonds to appear before the fed eral grand jury.
 ''If it please the court, we object to the dismissal of the charges by the gov ernment; We are ready to go to trial, :" said Attorney Flannigan in bis most sonorous tones.
 Judge Nave looked quizzically at the lawyer an instant:
 "It is unusual, Mir, Flannigan, to hear an attorney objecting to the dismissal of his own client" said the court. "The case is dismissed
 Deputy Sheriff A. D. Hurst of Mem phis, who has been in Globe for nearly two weeks, waiting for Ruberto, was on the spot and, before the sound of the judges voice had fairly died out, the officer was reading to Ruberto the warrant of the state of Tennessee.
 "This is like war between the French, the Irish and the Italian, 't said Rnberto on leaving the courtroom, pointing to Attorney French, Attorney Flannigan and himself
 In the afternoon there was another session of court, this time in the ter. ritorial district court, Judge Nave pre- siding, to hear argument on a writ of habeas corpus sued for by Attorney Flannigan.
 The petition for the writ was not ae- companied by any papers from the state of Tennessee, but stated that the attor- ncys for the defendant were credibly informed" that the request for extradi- ton did not state facts sufficient to war rant its being granted, or, in other words, failed to show that Ruberto was guilty of any crime that would justify his being taken out of the territory. Attorney Christy, at the session of the district court, made the argument for the state of Tennessee.
 Judge Nave ruled the petition was and the prisoner was or. dered into the custody of the officer from Tennessee, whereupon Flannigan Jones gave notice of an appeal to the 1 supreme court, which was ordered en. tered.
 Hurst will take Rubcrto out of 1 town in the morning if he has the nerve, said Attorney F1annigan last | night. "We have taken an appeal to | Inc supreme court, which should act as stay of proceedings for ten days, but guess. you may as well state that Ru. Derto will go out in the morning
 "I will leave town with Ruberto in | he morning." said Hurst. "If there vas a freight train going out tonight, Ruberto and I would leave on that 'reight, but we must wait till morning. That fellow is in my custody now, and he only way to take him from me would be by injunction.
 Don t say a word about it, but Ru- 'erto will be taken out of town in the morning, was the way Attorney french put it.
 "I will turn Ruberto over to Deputy Sheriff Hurst and they will leave for demphis in the morning, I guess, was he statement of Sheriff Thompson.
 Ruberto-well, Ruberto could find no anguage adequate to express his emo- ions in an interview and so, remained ilent