Daily Arizona silver belt., 1909-02-06
RuBERTO's FATE ID
 BE DEC|DED IN WASHINGTON
MEMPHIS OFFICER ASKS FED ERAL AUTHORITIES FOR
 CUSTODY.
MUST WAIT UNTIL NEXT WEEK
ANOTHER RUBERTo ARRESTED IN DENVER INCREASES TAN
 GLE OF CASE.

Alessandro Ruberto s case, after hay ing been the bright particular stellar feature in local police circles for, a whole week, has been taken to Washing ton, the seat of the national govern ment.
 What telegrams may be received to- day, no one knows, but it is now con sidered hardly possible that the inter. esting case of the Italian confidence man will be disposed of until Monday.
 Deputy Sheriff A. E. Hurst of Mem phis, who has come two thousand mics to take Ruberto back to Tennessee, did not receive the expected extradition la pers from Memphis last night. T1e papers may not be here until tomorrow night, but even if they should be ie ceived tonight, tomorrow willfbe SiE- day, and nothing can be done in t..e courts before the next day, Monday
 The whole question has resolved it. self into one of jurisdiction, and the ex- pectation is that this question will not be settled until Attorney Flannigan takes the case into the district court, before Judge Nave, and has it settled after habeas corpus proceedings. The fact is that Flannigan, carrying out his client s wishes to go to New York in- stead of Tennessee, has tangled up the game beautifully, and yesterday, Hurst telegraphed to Washington, asking that no objection be made to his taking the prisoner.
 Ruberto, it will be recalled by the readers of the Silver Belt, was ar | raigned first on a charge of attempted forgery, preferred by local Italian merchant and dismissed without hear ing by the district attorney. A similar charge was preferred by another mer l chant, and this charge, after lengthy preliminary examination, was dismissed by Justice Hinson Thomas. Ruberto was immediately re-arrested as a fugi- tive from justice from Tennessee and was awaiting hearing on that charge when Deputy United States Marshal Sturgis called on him and served warrant issued by United States Com missioner Johnson. The following day, Ruberto waived examination and was placed under s5000 bond by the com missioner. The evening of the same day, he was given 3 hearing by Justice Hinson Thomas and placed under s2,- I000 bond and given ten days in the custody of Sheriff Thompson to await the action of the Tennessee authorities. These were the conditions when Dep. uty Sheriff Hurst arrived from Mem phis Thursday night, Governor Patter- son of Tennessee having forwarded requisition papers to Acting Governor ! Page of Arizona.
 | Yesterday, Arbor day, was legal hol- iday and there was nothing to be done | in the courts, even if the acquisition papers had been on hand. The question now is, if the acquisition papers have been honorcd by Acting Governor Page, one of jurisdiction. In other words, it is question as to whether the United States officers had a right to serve warrant on one of the prison CTS of the county, and, in natural se- quence, whether the subsequent arraign- ment and commitment by the United States commissioner is valid.
 If Sturgis acted in his rights, the prisoner belongs to the United States. If Sturgis exceeded his authority, Ru- berto must go to Tennessee, whether l he likes it or not.
 The argument presented to the au- thorities at Washington was this: The state of Tennessee and the people vic timized there by Ruberto have gone to much expense in an endeavor to bring the prisoner back to punishment. The government is out nothing, having l jurisdiction in all of the states. If Ruberto is sent to New York, whether he is acquitted or punished by the fed eral court, he will find an officer of the State of Tennessee waiting for him at the door of either the courthouse or the penitenitary as he walks out. But this would cost the state additional money, while the government could proceed against Ruberto just as easily in Mem phis as in Globe or New York.