Arizona republican., 1915-12-03
AMERICAN STEAMER HOOKING
 REOU|SIT|ONED BY BRITAIN
 NJ PRIZE COURT PROCEEDINGS

question Faltin must have been sane when he passed into the cus- tody of the superintendent and the return did not show that he had sub sequently become insane.
 Justice Franklin asked if the prison physician had not informed the superintendent of his suspicion regarding the mental condition of the convict. If he had not done so until the eve of his execution, he ought to be discharged from the ser vice of the state as unfit He asked also. if no attention was paid to the twelve men who were now in prison under sentence of death. Further, ne said, that the circumstances sur rounding this case were peculiar" this waiting until the eleventh hour.
 Thenceforth, the argument was a collOquy between Mr Stoneman and Chief Justice Ross and Justice Franklin who seemed to be in ac- cord. Justice Cunningham offered no suggestion throughout the hearing Mir. StOneman was plainly up against q stone wall. Upon theory could there be an agreement between him and the court which constantly re- minded him that the only matter at issue was the good faith of Super intendent Sims Had he taken this course because he believed that FaI- tin was insane or had he done 50 merely for the purpose of delaying the executions?
 There was, said the chief justice, no law for the superintendent to construe. His duty was clear. Any 1 responsibility of which he had com plained was not thrust upon him; he had assumed it himself His be- i lief that Fal'in was insane could not i be regarded as d stay of execution. ] If ne had power to make it of that | effect. there was no limit to which he could not go. He might even de- eide that Faltin had not had a fair l trial; it might be a theory of the l superintendent that somebody else had committed the murder of which i Faltin had been convicted.
 Mir. Stoneman reverted to the Kermeen case in which he said that the attorney general had advised the 1 superintendent to bring on the in- l vestigation as to his sanity. He said that if MT. Sims was guilty of con- l tempt in this case he was guilty of | attorney general rose and said that in the case of Kermeen, the board of pardons and paroles and not the | superintendent had prevented the eX- ecution. The board had granted a reprieve until December 10 in order that there might be time for the in- | vestigatior He added that the sup.
 erintendent had been dilatory in that ! rI
 prieve was granted, to bring the mat
 ter summarily before a jury. Tha ! was November 1O Five days later
 the jury was discharged but MT
 Sims did not bring the matter t,
 the attention of the county attorney
 until November 15.
 Chief Justice Ross in the course o
 his remarks on the proceeding.
 looking to the investigation as to the
 sanity of Faltin, indicated that they
 had gone by the board. At the time
 that the superintendent had take!
 the step it was functus officio. Moth
 ing more could be done. The writ O
 execution had expired and fallen anC
 as intended subsequent proceeding
 rested on that writ, they must faI
 with it,
 l In concluding, the chief justic
 said that the court would be pleased
 to find, if it could. that the super
 intendent had acted in good faith il
 this matter He said that the cas-
 would be taken under advisement
 As a result of the proceedings,
 is safe to believe that the eleventh hour insanity racket will not b.
 worked again at the state prisOl
 Henceforth, convicts must be reason