Arizona republican., 1911-03-01
SEEKING LIBERATION
 FROM INSANE ASYLUM
Application for Release Of Captain O'Connor on Writ of Hsbeas Corpus Dismisser by Judqe Kent

Dismisser by Judge Kent. Governor Richard F. Sloan held a conference yesterday afternoon at the capital with A. A. WOrsley. a prominent attorney of Tucson. and Dr. H. K Beauchamp. superintendent of the ter ritOrial asylum for the insane. in regard to securing the release of Captain stephen O'COnner from the institution tO which he was committed last Janu- ary by the probate court of Santa Cruz county as pIranaoic No definite ac- ton was taken. and the matter was laid over until today. when Dr BeauChamp will consult with the territorial board Of control.
 The application was made for a writ of habeas corpus by O'COnner's repre-
 sentatives few days ago. and it came up before the district court yesterday,
 with Mir. WorsIey representing the ap- plicant. The court did not g0 into the merits of the case, but dismissed the application on the ground that an ap- peal should have been made to the dis trict court from the probate court of
 Santa Cruz county immediately after
 it's verdict was given.
 The action Of the probate court at EOgaleS in committing O'Conner tO the asylum for the insane was based on his killing of pr. Russell at Patagonia
 in February. 1910. for which crime he
 Was tried and acquitted by the district court at Tombstone a short time after ward Immediately after the trial O'Conner went to Los Angeles. where he remained during the entire summer. returning to Arizona late in the winter.
 He was arrested at NOs1les by the sheriff of Santa Cruz county and was given a hearing before the probate court on the charge of insanity indicat- ed by alleged threats of violence against the sheriff and others He was
 found to be a p1ranaoic and was com
 nitted to the asylum in Januar" of this year.
 The murder of Dr. Russell was com mitted on a public road near Patagonia and was tragic sequel to a quarrel which the two men had had in the postoffice a short time previously. Pub lie feeling was strong against OCon- ner Tor time. but on his evidence showing that he acted in seli-detence he vas acquitted.
 The verdict of the probate court at NogaIes bears peculiar aspect TOT this reason: At the trial in Tombstone. when o'Conner was tried on charge of murder in the first degree. me at- torneys for the defence were prepared to nrove that he was insane, and com
 nit,ed th, murder in moment or frenzy. while the prosecution vas pre- n,rinr evidence to prove his sanity. At Sosaies the sides were changed, ana the prosecution made charge oi III sanity. against which O'COnner's attof- nev defended him. IL is thought oE so,,a that this action of the NoSales court grew out of a popular feeling m San,a Cruz against O'Conner after ms ,conit,oI al To- tone. since the ma ioritv of people thought him guilty al nh. time and considered the court LOO lenient.
 stephen O'Conner is retired cap toin of the United States army LII which he served with honor Tor lor'E- one years rising during that tinne rr'ii, a nrivate to commissioned otilcer' anu bie services in the army were crowned b,, his gallant conduct at Manila, where he was the first man tO raise the stars and Strines over the city after II had tO Admiral Dewey f"' ,bis action he received the most dis- tinsuished praise. and was reGarae" with favor by the government rI |" the time of Russell's murder
 He owns a number of valuable prop critics at Duquesne, Arizona, ahd LOON prominent part in the politics ol ms countv for several years previous |" .t. ,,,,,vdar of Russell
 Dr. Russell was a popular man in his county. and the public feeling over the crime has not subsided. It is not detin- ite!v known what action O'Conner IS taking to secure his release from the territorial asylum. but his liberation will no doubt he attended with great difficulty. as Dr Beauchamp is inclined io indorse the verdict of the Nngales probate court regarding his paranaoia.