The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-06-14
Judge Knowles Refuses to Re-
lease Edwards and Earles.
OPINION OF THE COURT
Alleged Defects in the Warrant Swept
Aside-Arguments ON the Removal
of the Men to Idaho to Be
Heard Thursday
Special Dispatch to the Standard.

day refused to release Edwin Edwards
and John S. Earles, who are in jail
here to answer to the Indictment before
the federal circuit in Idaho, charging
them with having interfered with the
United States mails in Shoshone county
during the Occur d'Alene troubles last
April Last week Judge Knowles is
sued a temporary writ of habeas corpus
and arguments were presented by coun-
sci for Earles and Edwards and by the
United States district attorney, pro and
con, for making the writ permanent.
To-day the court, in a written opin-
ion, reviews the proceedings in the case
and the arguments and contentious Of
counsel, and concludes that the writ
must be dismissed and the men re-
manded to the custody of the marshal
until further orders of the court. AS
soon as the court had announced his
ruling, the district attorney asked to
have a time set to present arguments
in favor of warrant of removal, by
| means of which the men can be turned
over to the marshal of Idaho. Judge
Knowles set next Thursday as the time
for hearing such arguments. The pris-
oners We're then returned to the Lewis
and Clarke county Jail in default Of
bail.
1t will be remembered that the men
were first held to the district court OF
Idaho by Commissioner Wood of Butte,
then We're released by Judge Knowles
because the warrant simply set up the
Indictment, and did not charge an Of
tense. They were Immediately rear
rested on warrant sworn out by Post
office Inspector Wood, charging them
with the offense of unlawfully, know
irgly, forcibly, wickedly and malicious
ly obstructing the United States mail
in the district of Idaho, and also with
the offense of confederating and con-
spring to obstruct the mails. and de-
laying and obstructing the passage of a
| certain railway car over the lines and
| track of the Oregon Railway & NaVi-
cation company, which was carrying
| the United States mails. There was
also another chargeof conspiracy, N
that it was alleged that the car that
was stopped was on the track of the
Northern Pacific Railway company.
Upon this second complaint another
hearing was held before Commissioner
Russell of this city, and the men were
held in 81, 900 bail to appear before the
| United States court at Moscow, Idaho,
| at the next term of court. Failing to
| furnish bail, Earles and Edwards have
since been incarcerated in the Lewis
and Clarke county JAIL from which
they were brought into court this af-
| ternoon to hear Judge Knowles de-
cision that they cannot be released.
In their arguments in support of the
writ of habeas corpus Attorneys Breen
and Mackel, for the accused, or the ap-
plicants for the writ, contended that the
commitment under which they were
being held was void because not based
! frSt hat he
warrant upon which the defendants
were arrested was not issued upon a
complaint properly verified, as required
by the fourth amendment to the consti-
tuition of the United States, and there
fore all proceedings thereafter were
void; second, that the evidence did not
show proper cause for committing the
men; third that the indictment was in
sufficient and did not properly charge
and set out the offense attempted to lie
charged and set out. Judge Knowles
discusses these points in his ruling and
disposes of them. In disposing of the
defect urged against the complaint,
that the facts set forth should have
been based upon the knowledge of the
party making the complaint, rather
than upon his information and belief.
the court quotes section 1014 of the re-
vised statutes, giving power to chan
cellors, judges of a supreme or superior
court, commissioner, mayor of a city,
justice Of the peace or other ma gistrate
of any state to arrest, imprison or bail
any offender against the United States,
"agreeably to the usual mode of process
against offenders of such state" and
| says: commissioners are vested with
the same powers as those possessed by
commissioners of the circuit courts.
Agreeably to the usual mode of process
against the Offenders of such state, the
| government gives power to United
States commissioners to proceed in the
| same manner as a committing magiS
trate in the state where the Offenders
may be found. An officer who arrests a
person without a warrant and brings
him before a magistrate must state the
offense for which he is arrested, ant
the magistrate or county attorney mus
| make out a complaint charging the Of
Tense, and cause the officer or som,
other person to make oath to the samt
(Mont penal code). Under this statute
1t is evident that the facts stated in tn.
complaint may not be verified upon I'll,
actual knowledge of the party making
the complaint If a person has reason
to believe another person has commit
ted a criminal offense, he should make
the complaint. Certainly this does no
} require that the complaint should b,
made upon the personal knowledge O
the complainant. 1t is the usual custom
| in Montana for an officer who has ar
|
make a complaint, stating the charg'
upon his information and belief. Tt.'
complaint in this case was made b.
James D. Wood, "a United States post
office inspector. 1t is claimed that un
der the statutes of Montana witnesses
should be examined as to the charg'
made in the complaint. A certified cop,
of the indictment against the applicant
| was produced and was used as evidence
against them, and under the decisions
this was sufficient to hold the partie:
to bail The indictment ought to b.
considered as equivalent to witnesses
in the case, and as the indictment mad,
out at least a prima facie case agains
the applicants, it ought to supply tn
place of the living witnesses. 1t is evi
dent therefore that the applicants hat
a preliminary examination, in accord
ance with the code of procedure in tn
state law.
1T is claimed, however, that undo
the fourth amendment to the Constitu
tion nf the Tinted States the combat IN