Arizona republican., 1911-11-30
Regular Daily Sensation in
the So-called Westfall
Proceeding Came to Sur
face Strictly on Time Yes
terday.
ACTING GOVERNOR
TAKES A HAND
Suspends Requisition and in
Meantime Westfall is in
Sheriff Murphy's Custody
Who is Technically Held
by Hayden.

by Hayden.
The so-called WestfaI case which
involves number of unusual features
has come to be the source of daily
sensations either in rumor or i'm fact.
Emerging through a maze of lightning
changes nothing could have seemed
more certain than that Sheriff B- w.
Murphy of Oklahoma and J. Il. West
fall. his prisoner. would be brought
before Judge Campbell yesterday. in.
habeas corpus proceedings, both in
custody. one to show if possible why
he should be liberated, the other to
show the regularity of his actions.
Yet nothing of the kind occurred
Judge Campbell who is occupying the
bench in this district temporarily, ana
who issued the Writs in question was
too busily engaged otherwise yester-
day, to hear the case and 1t was post
poned until today when it is expected
Judge Kent will be here and preside
at the hearing. 1t is also stated that
] r. Westfall suffered a hemorrhage
of the lungs yesterday and was taken
To his home where he is under the
care of his mother, though is still in
the custody Of Sheriff Murphy, who
in turn is technically in the custody
of Sheriff Hayden, or his deputies.
The most sensational development
OF Yesterday was an incorrect report
that Acting Governor Young had re-
called the papers granted by Cover
nor Sloan in honOring the requisition
of Governor Cruise OF Oklahoma, un-
der which papers Murphy was taking
Westfan out of the country when re-
strained at Prescott by habeas corpus
proceedings. The incorrect report was
based on what is apparently very
reasonable and proper but quite un-
usual action. Acting Governor Young
did grant a two days stay OF eXecu-
ton of the papers in the eXtraditlon
case. to give counsel for Westfalls an
opportunity to communicate with Gov
ernor Sloan who left here for chi
cago Immediately after honoring the
reouisitiOn. but who has not yet
reached that city The desire of the
defense is to have the governor ask
the acting governor to extend the stay
return to Arizona and give hearing
to both sides in the controversy
Acting Governor Young when seen
last evening said that the proceeding
is entirely regular and that there ~
ample precedent for if. He mas no
intention of interfering with the
wishes or the plans of Governor Sloan
i'm the matter. Ii the latter accedes
IN the request of the counsel for de-
fandants he will extend the stay OF
execution in conformity with the gov
ernor's wishes. If he makes no such
reouest at the end of forty-elsht
hours the situation will be just as II
was before and Sheriff Murphy may
proceed with his prisoner, provioihs
he wins the habeas corpus case ana
further providing that his prisoner Is
able to travel.
,sLad as TO the formality Of the
proceeding Acting Governor young
said that the governor mas the du
thority to inspect papers ana hohor
them at once, or that II ne elecls W
eo into the merits of the case ne may
give the parties concerned a heariiiS'
Tn tho event no hearing is held, the
qo,,arnor has a right any time W
Ia o,a IL no acts before the accus-
"a h,s been taken out of his jurisdic-
,io, defendants represented to Act
ing Governor Young that IN TINS III
stance the requisition had Deeh hoh
ored without giving them an oPpo
,,,,itv to Dresent their side of the
case They asked Acting Governor
young to recall the papers ana give
them a hearing. A..
IT, ac,irg governor told them that
ho ,ro,,ld not interfere in matter
which Governor Sloan haa Pa''.u
mon Defendants then asked MN 10
issue a stay of execution tha'
might reach Governor Sloan oy Wne
and request him To have Actlhs uoN
ernor Young extend the stay "l
oc,tion until Governor Sloan could re-
turp 70 Arizona and hear both Sizes
Of the case. Acting Governor YOUNG
consented
If is intimated by friends OF the ue-
fendants that the request Tor heai
ing before Governor Sloan, means
moro than simple delay. They aiiec'
to believe that if they are given ''ie
qovernor's ear they can demohs'Ia''
facts and Irregularities in the ac'ioi
of the prosecution which they s'a'e
to be a persecution, that they hope
will move Governor Sloan To reiuSe
TO honor the requisition.
Nothing new was learned yesterday
concerning Frank S Westfall, thoush
his friends aver that he is III the
vicinity of Wickenburg. ready 10 sur
render To Sheriff Murphy if the iat-