Arizona republican., 1910-06-01
THE COPY OF THE RECORD
On Which Graham County Prisoner Was Released From Penitentiary Last Week is Suspected of Be ing Defective


 of Attorney General Wright that
 Chief Justice Kent and himself were
 imposed upon in the application for
 a writ of habeas corpus which was
 granted by Judge Kent in the case
 of William H. SissOn, who was turned
 out of the penitentiary last week.
 Sisson was within a year of the end of a ten year sentence which had
 been reduced by Governor Sloan from d life term in the penitentiary
 for a murder committed in Graham county. The writ was granted on the showing that Sisson had not pleaded at his trial and that therefore he had not been legally convicted. on this showing the attorney general had not opposed the application for the writ.
 She attorney general has come into possession of information that a plea of not guilty was entered by Sisson at his trial and that it was properly recorded by Frank Dysart, who was then clerk of the district court for Graham county. The attorney gen. eral has accordingly written to the office of the clerk of the supreme court for the copy of the record which accompanied the application for the writ He says that he is go- ing to sift the matter to the bottom and ascertain who was to blame for what he believes was a serious mis- carriage of justice. But if there has been miscarriage there seems no way by which Sisson can be re- stored to the penitentiary.
 The record accompanying the appli- cation, relating to the plea or the absence of a plea is as follows: 'Sisson, stand up. What is your plea to the indictment, guilty or not guilty?' On motion of counsel for the territory and on consent of the defendant. it is ordered that the cause be and is hereby set for trial on Wednesday. May 10. 1905, at 9 o'clock
 The copy of the record was made and certified by W. R. Chambers, the present clerk of the court. Though according to the copy. Sisson was asked to plead, it does not ap- pear that he did plead and the hiatus between the question addressed to | Sisson and the motion for the set ting of the trial by Attorney John Hess of Yuma, who presented the | application for the writ. Mir. Hess | said that immediately the question l was put to ~Sisson, his attorneys. | Edwards and Mcfarland, entered a | protest against the taking of the de- | fendant's plea at that time and in the | ensuing heated argument. the fact | that the question was not answered | was lost sight of.
 But in a previous application to | Governor Kibbey. for a pardon of Sisson there was another copy of the | record made up by Dysart. It too. contains the question, What is your plea to the indictment. guilty or not guilty?" followed by Sisson's reply, 'I am not guilty" But the first copy of the record. or that part of it relating to the plea, was not certified.
 The judgment according to the copy of the record that accompanied the application for the writ contained the words: You were indicted on charge of murder in the first degree to which indictment you pleaded not guilty. etc"
 The present clerk of Graham coun- tv. MT. Chambers is also perturbed over the matter for he has written making inquiry about the physical CnardcterlSIfcS or llle tOpN- t1C Naht- ed to know if it bore the appearance | of having been changed; if it looked as if anything had been taken out of it: if that part relating to the plea seemed to have been written with different kind of a typewriter or if a different kind of carbon might have been used.
 But there is nothing about the doc lment( to suggest that the copy had beer altered. Nothing could have 5ccr omitted for the part relating .o the plea occupies a position near he middle of a typewritten page and the color of the ink and the form of the type of this page are just the same as those characteristics Df the following page. the last one ,f the copy which is signed and cer- .ified to by the clerk.
 In his letter. Mir Chambers makes no anusion to the main question vhether the original record contains be plea of Sisson.
 It was thought that the transcript would show just what took place ,t the arraignment but it appears hat the case was not appealed so here is no transcript on file. There ; vas no transcript submitted to the sovkrnor when the pardon of Sisson vas sought the first time, nothing L. roll l,