Bisbee daily review., 1915-07-29
.HABEAS CORPUS IS
 TRIED IN EFFORT TO
 PREVENT HANGINGS
WritS Are Granted to Counsel for Condemned Men on Plea That Due Process of Law Was Not Observed.


 PHOENIX, July 2S.-Through the issuance of writs of habeas corpus by the superior court of Pinal county apparently lies the only hope of Fran cisco Rodriguez, Eduardo Perez N B.. Chavez and Miguel Peralta to escape the gallows on Friday.
 Application for the writs was filed late yesterday at Florence by Attor neys Struckmeyer and Jenckes of this city. Since O. J. Baughn, judge of the superior court Of Pinal county is. out of the state, it is necessary that the governor appoint a judge to hear the application
 Gov. Hunt appointed Judge A. G.' McAnister of Graham county and the hearing will probably be held on Thursday If Judge McAllister refus- es to grant the writs then an appeal will probably be attempted to the su- preme court in an effort to make this act as stay of execution.
 If the judge denies both the writ or the right to appeal as Judge w.. II. Sawtelle did when the same matter was before the federal court at Tue son May 29, the day the men were to hang. then there is apparently no fur ther hope for the condemned men.
 It is generally conceded that the state pardon board will not grant fur ther clemency. and the state depart ment at Washington has already stat ed 1t would not again interfere.
 At the hearing to be held at Flor ence. Attorneys Struckmeyer and Jenckes will appear for the con' demned men. while Assistant Attorney General George Harben will represent the state and oppose the granting of the writs
 In their applications for writs of habeas corpus. Attorneys Struckmeyer and Jenckes contend that the four men are deprived of their liberty without the process of law and in violation of tEe state constitution, that the com demned men have been twice in jeop- ardy and that the warrant on the judgement is defective in form.
 shortly after their return from Flor ence last evening, Attorneys Struck meyer and Jenckes also filed applica- tions for writs of habeas corpus in the federal court these applications being based along the same lines as those hled in the state court, except for the allegation that the hanging of the men would be in violation of the Un- tied States consultation
 Federal Judge William U. Sawtelle will not be back from California until the first of next week So 1t is not probable that any further steps will be taken in the filings made in the federal court before the time for the executions.
 Attorney Struckmeyer brought back the information from Florence that Ramon Villabolos is not under death watch with the other four Mexicans. Villabolos will escape the gallOws Fri day it is said. through his appeal to the supreme court for new trial | which, though filed several months ai- ter the time limit expired, will act as stay of execution since the members of the supreme court are not here to rule on the matter
 The four other Meucans are in the condemned room All are in separate adjoining cells and are constantly un- der the watch of guards.
 Because C. O. Case did not get back from his trip to the southern part of the states the pardon board did not meet at Florence No date has been announced for the session by Chair man Frank Trott
 About 46OO names have been filed in the secretary of states office to an initiative petition to submit the question of capital punishment Co the electorate at the next general election The number of names required to ini tiate the measure is 5101