The copper era and Morenci leader. [volume] (Clifton, Ariz.) 1911-1929, 1915-08-06
ARIZONA MAY YET
HAVE EXECUTIONS

Phoenix, Ariz., Aug. 2.-In spite of
the fact that the opponents of capital
punishment won an apparent victory
last Thursday, the moose is lightning
about the necks of the five Mexicans
murderers who were condemned to
die Friday. Their present security is
not likely to last till the return of the
supreme court justices next fall,as has
been supposed.
The present plan is to take the muir
derers back to the superior courts Of
Pinal, Maricopa and Yavapai counties,
IN which they were originally convic-
victed, and have them resentenced.
Assistant Attorney general George w.
Harden, who represented the state at
Florence, says that this can be done.
Harden contends that the entire pro-
cedure at Florence was irregular He
believes that he can convince the su-
perior judges that the appeal filed
in behalf of the slayers are invalid
and illegal.
If Harden can convince the judges
that the appeals to the supreme court
have no legal standing, Ramon Villa
lobos, Francisco Rodriguez, Eduardo
Peres, N. B. Chavez and Miguel Per
alta must hang. Par. 1147, title 10,
of the civil code reads as follows:
Law Says "No Appeal
If for any reason, other than the
pendency of an appeal, a judgement
of death has not been executed, and
it remains in force, the court in which
the conviction is had, on the applica-
ton of the county attorney of the
county in which the conviction is had,
must order the defendant to bebrought
before it, or if he IS at large, a war
rant for his apprehension must be is
sued. Upon the defendant being
brought before the court, it must in
quire into facts, and if no legal reasno
exists against the execution of the
judgement, must make an order that
the superintendent of the state prison
to whom the sheriff is directed to
deliver the defendent, execute the
judgement ait a specified time. The
superintendent must execute the
judgement accordingly. From an or
der directing and fixing the time for
the execution of judgement, as here
in provided, there is no appeal"
In the superior courts the question
will be, are the appeals in these cases
valid?" explained Harden. I'm other
words, are there any appeals at all?"
We contend that they are not.
"An appeal was filed on behalf of
Ramon Villaloba five months after the
time allowed him by law to appeal had
expired. The attorney general notified
Warden Sims that no appeal was
pending in the Villaloba case but he
stated that he would regard it as pend
ing till the supreme justices returned
and dismissed it.
Then applications for writs of
habeus corpus were filed on behalf
of Chavaz, Rodriguez, Perez and Per
alta. They were filed in the Pinal
court. Judge Baughn was absent and
Gov. Hunt directed Judge McAlister
of Graham county, to substitute.
"The law provides that in cases of
this nature the regularly elected judge
of county may, if he so desires, re-
quest the judge of another county to
sit in his place. If the judge so requ-
ested declines, the governor may dir
ect him so to sit.
Substitute Judge illegally Appointed.
Judge Baughn in this case never
asked McAlister to substitute for him
and Judge Baughn never figured in
Ine proceedings at all. lie was out OIL
the state and the governor appointed
McAlister. That appointment was pal
pably Illegal. At the beginning Of the
hearing last Thursday 1 protested that
Judge McAhster had no jurisdiction
and moved that the applications be dis
l was overruled.
Rodriguez was convicted in Mari
copa county, Perez, Chavez and Peral-
ia in Yavapai think that we can con-
vince Judge Stanford and Judge Frank
Smith that Judge McAlister had no
jurisdiction. Also we can convince
them that the actions in behalf of
those four defendants were really civil
in their nature, not criminal. Civil
procedure was followed throughout.
Therefore the superior courts should
take no cognizance of those actions.
Five Months Too Late.
''Villaloba's appeal was filed five
months too late for it to do him any
good. 1t should also be easy to get
him resentenced in the Pinal court"
Friday morning Harden notified
Warden Sims that the appeals were
invalid and advised him to execute
the defendants. Sims refused.