Volume 13 , Issue 48

100 Years Ago Today (28 Nov 1911)

One hundred years ago today, 28 November 1911, in The Arizona Republican, on the front page of this newspaper printed, published in Phoenix, Arizona, some of the headlines read: Oklahoma Is Arrested, They Want To Live In Community of Brains, Story Is A Silly Fake, Champ Clark Talks Tariff, and Lobsters Finally Get Into Oregon.

I had to read the one that stuck out to me since I was born, raised in Oklahoma. Oklahoman Is Arrested subtitle was Sheriff from that state, charged with attempting irregularly to take banker from Phoenix, is in custody. It said the case had caused real sensation. Events in connection with affairs of Westfall Brothers came to a sudden and startling climax. The claim of the Westfalls in their troubles has been that they were persecuted by members of the former administration of the state which supported the bank guarantee law that the Westfalls vigorously and publicly opposed.

The article reads as follows: Prescott, Ariz., Nov. 28 (1911) Special -- Sheriff Murphy, of Logan county, Oklahoma, having in charge J. B. Westfall, of Phoenix, whom he was taking to Oklahoma for trial, was himself arrested early this morning by a Prescott officer on a warrant issued in Phoenix, charging him with irregularly securing his prisoner. Both men were taken into custody and will be returned to Phoenix to appear in habeas corpus proceedings begun in Westfall's interest.

That many sided episode known in Phoenix and Oklahoma if not elsewhere as the Westfall case, became more sensational and spectacular than ever by the presentation of three new phases. The extradition of Frank S. Westfall and his brother John B. Westfall was authorized. What developed that the whereabouts of Mr. and Mrs. F. S. Westfall could be traced to no later date than last Friday night. J. B. Westfall was found by Sheriff Murphy of Oklahoma who came here with requisition papers for the brothers and was taken from the city, it is alleged, between trains. Habeas corpus proceedings were begun in his behalf by Judge A. C. Baker, writs being secured of Judge Campbell charging Sheriff Murphy in effect, with kidnapping, and demanding his arrest, and directing that J. B. Westfall be brought into court. At a late hour Sheriff Hayden's deputies were busy trying to head off the party Oklahoma bound whether it be traveling via the northern or the southern route. At one o'clock in morning it was supposed the party had gone north to Glendale or farther by automobile, and then boarded a Santa Fe train.

Events moved rapidly. Sheriff Murphy of Logan county, Oklahoma arrived and early in the morning placed the matter of the requisitions before Governor Sloan. Though this was a move that had not been dreamed of by most people it is likely the Westfalls was not uninformed as it transpired yesterday that word of the sheriff's coming had been telegraphed here two or three days before. So far as the public had been advised, the Westfalls had cleared themselves before the law of all criminal charges and were now facing only civil actions in the Phoenix courts, which however were irritating and compromising to their business interests.

It appears that the present charges were on new indictments covering the same or similar transactions for which Frank Westfall has once stood trial, except that the present indictments were more numerous and based it is claimed, on more conclusive evidence.

The requisitions were honored by Governor Sloan and the next thing for Murphy to do was to secure custody of his men. He found on inquiry that neither Mr. nor Mrs. F. S. Westfall could be located nor could he find anybody who had seen them since Friday night. He found J. B. Westfall easily however and took him into custody.

Nobody was interviewed last night who would admit knowledge of just where Westfall was found, just when he was found, or just what became of him, it was stated by the officers and others that it was supposed Westfall had been taken to Glendale to catch the north bound evening train.

Immediatel upon learning that Westfall was gone, a friend named W. B. McCandliss under the direction of Judge Baker, Westfall's attorney, petitioned Judge Campbell who happened to be holding court in the absence of Judge Kent for a writ of habeas corpus, which was issued and placed in the hands of the sheriff. At the same time a warrant directing the sheriff to arrest Sheriff Murphy for irregularly taking Westfall away, was issued.

The charge is that Murphy gave Westfall no opportunity to take advantage of the right of habeas corpus and that he was therefore kidnapped in the eyes of the law. Though the conditions are different the charge is essentially the same as that made in connection with the McNamara and other cases of nation-wide interest.

A particularly interesting feature of the case is that Governor Case of Oklahoma who issued the requisition is said to be a cousin of Mrs. F. S. Westfall. The claim of the Westfalls in their troubles has been that they were persecuted by members of the former administration of the state which supported the bank guarantee law that the Westfalls vigorously and publicly opposed.   |  View or Add Comments (0 Comments)   |   Receive updates ( subscribers)  |   Unsubscribe

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