Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-06-13
THE GRAND JURY
Is Now Considering the
Wardner Strike Cases.
YYYN YNYC TT III n
JUDGES INSTRUCTIONS
County Officials Will be the First to
be Tried and then the Cases of the
Miners Will Be Taken Up--The
Prosecuting Attorneys.

Wallace. Idaho, June 1.-THE trial of
300 prisoners who were engaged in the
riots in which 1000 men participated.
and two were killed. was begun today in
the district court, Judge Stewart presid-
ing. The trouble which eliminated in the
destruction of the Bunker Hill and Sui
livan property has been of long standing.
The Miners unions of the Occur d'Alene
district have been powerful, and for many
years only union men have been employed
in the mines, except in the Bunker Hill
and Sullivan and the Last Chance mines
at Wardner, which employed %non-union
men.
Great pressure had been brought to
| bear. principally on the Bunker Hill
! and Sullivan, and even threats had
| been made to compel the owners to REG
! ognize the Miners union and to m
ploy only union men. The Bunker Hill
steadfastly refused to employ union men.
On April 30, about 1000 men took a train
at Wallace and rode to Wardner, where
| they blew up the mill with dynamite, de-
| stroying property valued at $500. 900. In
order to preserve order and protect prop
erty. Gov. Stcunenburg of Idaho called
upon the federal government for troops,
and within five days from the beginning
of the trouble SEQ United States troops
j; were in the Occur d'Alene mining district
under command of Brig. Gen. Merriam.
Gov. Steunenburg declared martial! raw,
| which was enforced by the federal troops,
In all, about 500 miners were arrested,
| charged with completely in the riots. but
more than half of these have been releas-
ed.
Among those arrested We're Sheriff
James D. Young of Shoshone county. and
County Commissioners Boyle and Stlmp-
| son. The cases Of the three county OIL
| Gals charged with aiding and abettlng
| the riot were called in court today in the
form of impeachment proceedings. The
state was represented by Attorney Gen
eral Hayes and Attorneys Borah and For
ney. and the defense by Col. Patrick Red
dy and Messrs. Jones II Morphy. Jones
| presented and argued a motion to quash
and strike from the records the accusa-
| tons against the defendants, claiming
that the citation to appear had been is
sued in an illegal and irregular manner.
! The prosecution asked for time to prepare
a counter argument. The trials of the
! miners will begin as soon as the cases
Of the county officials are disposed of.
This afternoon Judge Stewart granted the
motion to quash the information against
the county commissioners. Boyle and
Simpson, holding that Judge Mayhem
had no right to issue a citation to appear
while holding court in chambers. The
prosecution then withdrew the Informal
ton against Sheriff Young. New infor-
nations were filed in both cases. The sta
tute requires five days notice to appear.
so both cases went over until next Mon
day with the understanding that they
might be taken up earlier by consent of
counsel. The defense then enleavOred TO
have Young reirstated as sheriff. but the
court would not hear the matter.
The grand jury was then called and
Judge Stewart delivered his instructions
which fill over eight typewriter pages.
He commented on the Importance of their
duty, on the rights of all men in court,
stating that men have a right to assem-
BILE or organize for lawful purposes. Then
he Went minuteiy into the law regarding
conspiracy. riot, unlawful assemblage,
intimidation, failure of officers to disperse
riotous gatherings, murder. destruction OF
property and especially by explosives.
Regarding the special purpose for which
the grand jury was summoned. Judge
Stewart said: "YOur attention is espec-
tally directed to the present order Of
! things in this county. Under the pro-
clamation of the governor of this state
dated May 8 this county is under martial
law"
The governor recited in this prOclama-
ton among other things that the eXecu-
ton of process is frustrated and detied by
bodies OF men ana others, that cOmbina-
tons Of armed men resist the execution
of process and commit deeds of violence"
Judge Stewart, continuing. said: 'The
court is also advised through the press
and public rumor that on April 90 a body
of armed men came from Burke, Mullan
and other points in the county, in charge
Of a train of cars upon which was carried
gunpowder or other explosives, proceeded
to Wardner, where they were joined by
others, and them proceeded to what is
known as the Bunker Hill and Sullivan
mill, where the same was exploded and
great damage don to property. That
some time between the arrival of the train
and it's departure John Schmidt and
James Cheyne were killed. The truth
or falsity of these matters is especially
referred to you for thorough investiga-
ton"
The Judge continued with an explana-
ton of the rights. privileges and duties
ofthe governor and other officers. The jury
is made up almost exclusively of bust
ness men from Wallace, Wardner and
Murray.
The trials of the miners will begin as
soon as the cases of the county officials
are disposed of.