El Paso herald. (El Paso, Tex.) 1901-1931, 1915-11-25
FALTIN To HANG
ASSERTS JONES
Arizona Attorney General
Says Sims Can't Save
Condemned Man.

Phoenix Ariz... Nov. 25.-AttOrney
general Wiley Jones claims that at this
late day neither the superintendent OF
the prison nor the prison physician has
the power to save W II. Faltin by
making affidavit that they believe him
TO be insane In case the execution IS
not carried out tow0rro-7, Jones said,
warden Sims viii be arrested for con-
tempt Of court
The board OF pardons yesterday re-
fused to grant q stay Of execution IN
FaItin's case and the date Of his hang
ing in the Florence prison is set FOR to-
morrow
Insanity Plea May save Him.
Tt was discovered yesterday that par
agraph 1141. title 10. penal code OF
Arizona, reads as follows:
IF. after the delivery TO the super
intendent for execution. there Is good
reason TO believe that a defendant. IN
der judgment Of death has become IN
sane the superintendent must call
such fact to the attention Of the county
attorney Of the county i'm which the
prison is situated. whose duty it IS TO
Immediately file in the superior court
Of such county a petition, stating that
the defendant is believed 10 be insane
and asking that the question Of his
sanity be inquired into. Thereupon the
court must at once cause to be sum
noned and empaneled from the regular
jury list Of the county a jury OF i per-
sons to hear such inquiry"
This was believed to give Sims power
10 save the life OF Faltln and 10 pre-
vent any execution taking place at the
penftentiary as long as he is super
ardent supporter Of governor Hunt and
the Hunt anti-capital punishment
propaganda
The state board OF pardons and
paroles does not believe Faltin insane
II has heard pleas for q reprieve on the
ground that Faltin might be insane.
hut has announced positively on several
occasions that there shall be no utter
ference, as far as the board = con-
cerned. with the sentence Of the court
Attorney Files ARIdavitS.
T. C Struckmeyer. attorney for
Faltin. appeared before the board at
an informal meeting " ednesday after
noon He presented three afudavits
from persons who had talked with
Louis Beckton, one of the witnesses at
the Falrin trial, hut did not succeed in
changing the attitude OF the board.
BecktOn was confined in the Mari
copa county jail with Faltin but was
convicted of manslaUghter and sent TO
the penitentiary before Faltin's trial
began He was brought back and
testified that Faltin had made a com
pIete confession to nim- The afidavits
stated simply that Faltin had told the
signers, after testifying. that he would
not have given testimony had lie not
thought that IL would aid him in Sc
curing an early parole He did not
state that he had perju-ed himself
Attorney general WILEY Jones says
hat without Beckton's testimony there
was sufficient evidence 10 convict
FaiUin-
Kermeeu May Be ReSpited-
II is probable that the execution Of
y. ". Kermeeu. now under sentence
TO be hanged December 10. VIII again
be delayed he was granted q stay OF
execution by the board Of pardOns in
order that his sanity might be inquired
into by q jury Of u. as provided by
law. Judge o. J. BauGhn. Of Pinal
county. has notified the board thst the