Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-05-24
COUNSEL FOUGHT FOR THEM
Will Apply For a Writ OF HaDeas
Corpus If the Men Cannot
Give Bonds.

are charged by the federal authorities
with having conspired against the gov
ernmen Of the United States ana Win
having INSTRUCTED a United states man
train. in Idaho on April ~, curing ..he
Occur d'Alene troubles. Judge Wooa 5
decision was against the d~efendants'
holding them to appear before the united
States district court of Northern Idaho,
in which court the indictment against
the two men, as we'll as a large number
of other alleged conspirators. was round
The case has attracted a great zeal Oh
attention in local labor circles, whefe
much sympathy is expressed for the men,
and a hard fight has been made for tnelr
liberty by their attorneys, Breen ana
Mackel, and when the commissioner
court was convened his morning the
room was crowded by the friends and
sympathizers Of the two men. In hand-
ing down his decision, COMMISSIONS
Wood said in part:
From the evidence in his case II does
not appear possible that these defend
| ants could have committed the crime al
legged in the nrst count of this lndlct-
ment. and l am of the opinion they es-
tablished an alibi. AS to the second
! count in the indictment no evidence was
| produced and while it is not in my prov
| ince to pass upon the guilt or innocence
of the defendants, John 5. Earies ana
| Erwin Edwards, it is my duty TO deter
; mine whether they are probably two OF
| the defendants named in this lndlct-
ment.
From the evidence I am satisfied a
crime has been committed as charged IN
the complaint and there is PROBABLE
cause to believe the defendants to be TWO
of the parties named in the Indictment.
It is therefore ordered that each Of them
be required to give bonds in the sum OF
81. 500 for their appearance in the United
States district court Of the northern dis
trict Of Idaho at the next general term
and in default to be committed to the
county jail of Lewis and Clarke county,
Montana, until discharged by due pro-
cess Of law
Attorney Breen, on behalf of the de-
PENDANTS, entered a protest. He consid-
cred the sum stipulated for the bonds
too high. He moved that it be reduced
to $500 each, and in support of his motion
said the charges We're rumped up, by
officials controlled by some one in author
ity, unknown to the defendants Or their
attorneys, and that he was personally
willing to make affidavit, on information
and belief, that half of the men named
in the Indictment on which his clients
were being held had never been in Idaho.
Assistant District Attorney English, in
reply said the lowest fine for conspiracy
against the government was $1,000 and
the maximum l 1000, and under the cir
cumstances he did not consider the bond
exorbitant.
Judge Wood said that while he had a
right to pass upon the probability of
Earles and Edwards being the men want
ed by the federal courts, in doing SO he
did not pass upon their guilt or inno-
cence. The heart sometimes dominates
the head said he, land 1 will reduce
their bonds to S 1000 EACH"
Mr.. Breen then mad an effort to have
the commissioner. in the event of the
men failing to secur bOndsmen, change
his order SO that the place of detention
would be the Silver Bow county Jail,
rather than the Lewis and Clarke county
Jail. This would permit the men to be
near their friends n attorneys said
he, and would be much more convenient
for them in many ways"
II have surely tried to treat you fairly,
Mr.. Breen," said the commissioner. Hell
ena is the place where the United States
court is now in session, n l will not
change my order"
BY Commissioner Woods decision the
matter is now transferred to Judge
Knowles court. Earles and Edwards will
endeavor to secure bondsmen this after
noon, and in the event of their failure
their attorneys will make an application
for a writ of habeas corpus. Until the
habeas corpus proceedings are settled
the attorneys for the government, by
agreement, will not make application for
a warrant for the removal of the men
to the jurisdiction of the Idaho court.
Shout their application for a writ of
habeas corpus be denied the defendants
attorneys will make a vigorous fight
against the issuance of a warrant Of re-
moval.
At the resumption of the hearing yes
terday afternoon John s.. Earles was on
the stand. He was asked by Mr.. Breen
where he was on April 29th, the day on
which the strikers took possession of the
train.
1T worked the night Of the 28th. ! was
asleep that morning. I was in the town
of Mace" replied the witness.
Where is Mace?" asked the attorney.
at is where the Standard mine is To-
Gated, about five miles from Wallace"
replied Earles.
What time did you get up that day."
II went to dinner about noon"
what did you do in the afternoon"
well, 1 took a walk up to Burke, got
shaved, and stayed in Burke awhile
About h time in the afternoon did
YOU arrive in Burke?"
II guess / got there about 2 o'clock"
What time did you leave Burke again
that day? Or did you leave?"
Yes. l left Burke n went down to
supper that afternoon"
II reply to the questions put by Mr..
English in cr0ss-examfnatiOn, Earaes said
that he was employed by the Standard