Arizona republican., 1917-08-19
FALTIN IS SANE AND IS RETURNED
 TO STATE PRISON

(Continued from Page One)
 quired for three dollars he said he had in the office and was concerned about a small watch fob which he said was among his effects. He was assured that these had been receipted for by the officers and then he turned his atten ton to bidding farewell to the attend ants of the hospital. He thanked Dr. Walls and the other physicians for their kindnessess and then took his seat in middle seats of seven passen- ger automobile
 In the rear seats of the same ma chine were placed Jack Falls another second degree murderer, shackled to Ventura Hernandez. who had also been committed to the hospital from the prison and who still has time to serve in the prison. A big Jeffreys car stood close behind and in this were seated three guards and two indigent patients who were being returned to the Pinal county authorities on the ground that they were not actually insane but were more properly to be classed as county charges
 The departure of Faltin and the other prisoners was carried out without a single hitch. Falls seemed particularly affected by being removed from the hospital. He expressed himself as re- gretful that he was not in better posi- tion to return. the many attentions shown him and shook hands with Dr. Walls and wished him success.
 Word received late yesterday after noon by long distance telephone told of the safe arrival of the party at the prison. Another chapter had been written in one of the most famous mur der cases in the history of Arizona.
 With the abolition Of capital pun ishment in Arizona at the last gen. eral election the question has arisen as to whether or not the sentence of death imposed in the case of Fal- tin might or might not be carried out But whether or not such sen tence could be executed, the proba oil .ty of Faltin paying the capital pen alty seems pretty effectively removed with the announcement by Governor Campbell yesterday that as soon as he receives certificate from Super intendent Anderson of the prison setting forth that Faltin has been returned to that institution, he ex- poets to issue a commutaion of the death sentence to one of life i'm prisonment. Under the laws as they now stand, the executive is clothed with the power to commute or pardoi. in murder cases.
 In discharging Faltin from the hospital yesterday, Superintendent Walls acted under the provisions of Section 1446 Title I. Penal Code of 1913, which sets forth in part that whenever it shall appear that the said person has so far recovered as to continue service in the prison without further risk, he shall be re- turned to serve any unexpired term"
 There is however another section If the Penal Code. anniicahle r. sane persons under sentence of death which in part says: Whenever the 1e.epdant iecosr.o ms -o.svu, .I.c superintendent of such asylum, must certify that fact to the governor, who must thereupon issue to the superin- tendent (of the prison his warrant, appointing a day for the execution of the judgment" It is said by many that this section would make it legal to carry out the sentence of death in the case of Faltin, who was con- victed and sentenced to death before the anticapital punishment amend ment was adopted.
 T am glad to know that Faltin has been restored to his sanity said Governor Campbell yesterday in dis cussing the discharge of the slayer of Carl Peterson from the hospital and his return to the prison. As soon as 1 have received certification from Superintendent Anderson of Faiths return to the prison l will issue a communication of the death sentence to one of life imprisonment. He is now where his chances for escape are removed and where one of his kind can be more properly cared for during the term of his natural life.
 'In committing his sentence to life imprisonment I am acting in the be- lief that the people of Arizona de- sired the abolition of capital pun lshment through the adoption of the anti-capital punishment and there seems no reason why some techni- cality should be taken advantage ol to send one man to the gallows when others have been saved under the provisions of the same law"
 It was on the morning ul Monday, September 9. 1912, that Nick Pomero, ! nelghbor of Faltin, reported to Sheriff Jeff D. Adams that there had been cries for help the night before rom Faiths little house on South 0S'Sii'i otiNCl, IlcdI Lfe T1NeT. lie said that he had visited Faiths house and found him engaged in washing the floor and the walls ol his place. Carl Peterson, who had been "baching" with Faltin. was missing. Faltin had told Romero that Peterson had gone to the mountains. He was not satisfied with this ex- planation, so he told the officers A search of the premises convinced the officers that something was wrong. Faiths explanation of the absence of Peterson did not satisfy the authorities and he was taken in custody.
 Hundreds of persons engaged in a search of the Faltin premises and the river bottom for a mile up and Town the river. It was not until Wednesday, however that the body of Peterson. badly decomposed and the entirey side of his skull crushed, was found in a shallow grave short distance from Faiths house. A blood stained piece of iron that had once formed part of a blow was also found in the grave. Garbage had been dumped upon the top of the shallow grave. The location of the yrave was learned through the talk
 1