Bisbee daily review., 1915-12-02
F Al LT|N-SIMS
FIASCO NOW
CHANGED To
PHOENIX
Warden Of Penitentiary viii Ap-
pear Before Supreme Court
This Morning to Answer Con-
tempt Proceedings
FALTlN IN PHOENIX
FOR RESENTENClNG
Sims Refuses to Talk About His
Defense; Faltin Will Be Re-
sentenced in Superior Court
Friday Morning.

PHOENIX. Dec William Falun
murderer of Carl Peterson. is a
guest al the county Jail here to.
night awaiting rcsentencing on Fri
day in the superior court while War.
den Robert b. Sims Of the state pris-
ON, is q guest at the Ford hotel, await.
ing hi sappeanrce before the supreme
court tomorrow morning, where he
has been summoned to show cause
why he should NOT be declared i'm CON
tempt of that tribunal i'm failing to
execute Faltin al the state prison last
Friday. Faltin was brought over
from Florence in an automobile arriy-
ins here at 9 o'clock tonight Sims
has been in town all day but has re-.
fused to discuss his case.
That in delaying notifying County
Attorney Richardson of Pinal county,
OF the alleged insanity Of Faltin, Sims
employed a subterfuge 10 effect an.
otner delay in the execution of a man
who had been sentenced by the SUI
pIeme court ON appeal. will be the con.
tenti0n of Attorney General Wiley L.
Jones. before the supreme court i'm
the morning. II Sims had meant TO
show entire good faith i'm the Faltin
matter i'm the opinion of Jones, he
would have not delayed notifying the
court at Florence OF the supposed ih-
sanity of the prisoner until the day
set fo rthe hanging
This is the stand taen by those who
hold with the attorney general, that
the act of the prison head was a fla
preme court He had had plenty OF
opportunities 10 learn the attitude ol
the attorney general, both as attorney
general and AS member of the boro
of pardons and paroles. In the Ker-
moeu case. similar delays in shifting
the responsibility ON am insanity jury
had been effected by the warden, and
telephone conversations and letters
had passed between Jones and Sims
on the matter
The principle involved i'm the Sims
Faltin case is now broader than any
mere INrf UN-t N t-tlI nInAf hlAlAldl@f IT.
is said Really, what transpires will
De a fight in a legal ring, TO determ-
inc whether or not Governor Hunt,
through the warden, means TO retain
his grip on the power of paTdons and
reprievcs. taen from the chief exec
utive by popular vote last year and
vested i'm the board of pardons and pa
roles
This attitude is general in Phoenix
and Maricopa county, whose citizens
are interested in this particular case
because the crime was committed i'm
this city.
T. p. OCounor, former judge Of
Pinal county and George j. Stoneman,
of Phoenix viii represent the warden
iH tomorrow's hearing. No intimation
Of plan of defense has been given,
but Sims uttersnces of last Friday
when the subject was red hot, is the
wost probable basis of a defense.
Holding that information coming 40
him through proper channels, of the
insanity of a condemned man, and by
him transmitted 20 the county court,
constitutes an adequate excuse for
halting an execution, the prison head
viii vigorously oppose punitive meas
ures by the court.
What the court may have to say In
Interpreting Section 1141 Of the penal
code, will henceforth be law and viii
probably be made so clear by the SUI
prcme court that in the future he
cannot unintentionally be guilty of
contempt