Arizona republican., 1921-06-10
APPEAL FUR HADEAS
 CORPUS WRIT STAYS
 MARTIN EXECUTION

Nfchan Martin will not be hanged | at daybreak today Shortly after
 noon yesterday habeas corpus pro- ceedings were directed against Thom-
 as Rynning. superintendent of the state prison, asking that the convict
 ed murderer be discharged on the ground that his case had not come to
 trial within 60 days after the filing
 of the information. as required by
 law. Judge Jenckes of Martcopa
 county, who has been holding court in
 Pirial county for the last few days,
 presided. ruling that the writ Do
 quashed and the prisoner remanded
 to the custody of the superintendent
 Stephen H. Abbey. counsel for
 Martin, filed notice of appeal. which automatically stays the execution. The eleventh hour attempt to save the life of Martin was made shortly after the noon hour yesterday when w. J. Galbraith. attorney general was
 notified that proceedings had been in- l stituted by Martins attorney. Gath ering important facts to be used in | the case by long distance telephone calls. Mr. -Galbraith had Prescott and Florence on the wire throughout the afternoon. Later he discussed the case with H. c. Richardson. who rep resented the state when the matter came up for hearing before Judge Jenckes last evening.
 The court room at Florence was l crowded with men and women. Tor 1 the news spread quickly that the man I on the eve of being hanged would l make his last fight for life As he l was brought from the condemned cell I hundreds of eyes scanned his face l and followed his every movement the I two hours he was in the court room
 The application for writ granted carly in the afternoon was made re- II turnable at o'clock, at whlcn ume Il continuance. was granted until { o'clock. It was at $40 o'clock that Judge Jenckes ruled after. nearing
 lengthy arguments on both sides.
 MT. Abbey based bis argument on inc ground that the constitution ! grants the defendant the right to speedy trial and also on paragraph E 1274 Of the penal code, which pro- E yides that the case must be Drougn' to trial within SO days after the fiiine n of the information unless good cause E is shown.
 While the case was not brought te trial within the statutory time nc cause is shown in the record or tnt clerk of the court of favapai county Although Neil Clark. county attorney and E Russell, counsel for Martin so stipulated. They signed q teie' gram to this effect yesterday, wnici was delivered to the court 2n F1or' ence.
 MT. Richardson, for the state, ar uned that Martin had waived hi right to bring proceedings under m . | S0 day limit when he offered no op M lection when the case was tried in tn superior court and when It came ul to the supreme court on appeal He said that counsel had oraii .tinu,ated that the case 90 over Il view of the fact that when Maru
 was arraigned in December ISIS, 70 the murder of Arthur De Steunoei Canadian soldier. there was an m 1 fluenza epidemic in Prescott m n interest of public welfare It wa deemed advisable not to have Jur called until March 20. 1920. Durinl that period Martin was in the hospi tal recovering from injuries receive' when he was wounded in the attemp of officers to recapture him after ni escape following his arrest on mur der charge in California weeks afte the finding of De Steunders body the Tony Johns ranch in Yavaps county
 ui Martin was tried for the crime | March 25 and found guilty four day Il later by a jury. the verdict calling fs the death penalty. The supren court sustained the judgment of Il | lower court in a decision hands
 down. June 10. 1921. was set as fl