The copper era and Morenci leader., 1915-12-03
SIMS ID ANSWER ID. SUPREME COURT
 DEC. END.
If Warden is in Jail He May Not Be Able to Conduct Next Execution.

PHOENIX, Nov. 29.-Judges Ross and Franklin of the supreme court signed citation calling on R. B. Sims to appear before that tribunal on December 2, at 10 o'clock in the morning and show cause, if any he has, why he should not be held in contempt of that body, following his failure to comply with the mandate of the court, issued on September 23, 1915, directing him, as warden of the state prison, to cause the exc cution of William Faltin, guilty of murder.
 Saturday Attorney Jones and George Harben, his assistant, ap- reared before Judges Ross, Gun nmghem and Franklin. and lsid the case before them Whel the hearing vas concluded, refused 10 sign the )r,.c-. sta'ing for his r'tsni [ at The
 liter Nas not undnr the i iris i:c'i.: of the supreme court, hut should be presented to the superior court of Maricopa county, that having been the court in which Faltin was convict ed. However, Judges Franklin and Ross attached their signatures to the order, and the document was promptly forwarded to Sheriff H. D. Hall of Pinal county, in which it sit uated the Florence prison, and it was served on Sims today.
 | Sims, it will be remembered, re- fused to execute Faltin on Friday, alleging that the man was of un- sound mind and taking refuge in the statute which gives the superinten- ldent of the prison the power to use his own discretion in the matter of the execution, when he believes that the condemned man shows signs of insanity. However, MT. Jones thinks Faiths mental condition raised at that as there was no question as to the time he was on trial on the mur- der charge, this eleventh hour plea of insanity was but a subterfuge on the part of the superintendent to defeat the ends of Justice by refus- ing to carry out the death sentence which had been pronounced upon the man. The attorney general feels confident that he can cause MT. Sims to be held in contempt of the court and on the other hand, Sims is equally as confident that he was acting within the law when he re- fused to inf1ict the death penalty on Faltin on Friday.
 From the annals of the state penitentiary of Arizona may some day be compiled treatise on How to Avoid Hanging Murderers.
 When every apparent resource had been exhausted, and it appeared that William Faltin would have to pay what he owes the law for killing Carl Peterson, the prison authorities sprung the insanity dodge" That seemed for a time the final move, but now, it is known that other means may be taken to Wiggle out. It was said yesterday that Governor Hunt holds the resignation of. War den Sims, and that in the event ievery other subterfuge fails, the chief executive may accept said res Iignation, and thereby leave the pri- son without a head. This would inevitably halt the execution, as only the warden may direct the process. It is notable fact that the state constitution provides no assistant, deputy or vice warden who may handle an execution.
 The legal processes through which the case of Faltin must now pass, are about as follows:
 On the date set for converting the Pinal county jury, the murderer will be brought before twelve men, who will examine his mental processes. II they agree ne IS insane ne Will De consigned to the insane asylum. If they hold him sane he must be brought to Phoenix and resentenced by a judge of the Maricopa county superior court. On the date set at that resentencing, the insanity dodge may be worked again and so on, and infinitum. In case the insanity dodge appears too raw, other dodges may be executed. In fact, it is begin ming to appear that a dodge is the only thing that can be executed at lArizona's penal institution.
 Citing Warden Sims for contempt and incarcerating him in a county jail next week, will react somewhat Ito the benefit of those who are op- posing hangings. For, with Sims in jail, the prison will be without a head, and no one can then direct the final movements in the life of Ram on Villalobos, whose end is sched- l,1ad for. Daoomhar m