The evening times., 1900-03-15
IDAHO MINING ENQUIRY.
FOrHey TeStifes for the
state Authorities.

sAItt
The Coeur d'Alene enquiry was resumed
by the House Committee or Military At
fairs this morning. The dissensions which
disturbed the committee yesterday Lews
Of which had gone abroad, operated TO at
tract a greater crowd OF spectators than
usual Though the testimOnS against the
conduct Of the military is not all in, yet
il was temporarily suspended that a wit
ness, whose testimony 0as to be in sup
port-of the conduct Of the state authorities
Of Idaho and the troops. might be heard.
This witness was J. H. FOrney, an at
torney-at-law who was called in to rep
resent the county Of SNoshone at the corO-
.ner's inquest and before the grand jury OF
that county in the matter a the destruC
tioe c. private property aud the teaths
resulting from the labor riots. Mr. For
ney was assigned to the duty by the At
torney General Of Idaho, and in place OF
the county attorney elected by the people.
The charge is made by the miners that
Forney is and was then arorney for the
Bunker Hill and Sullivan Nine
In reply TO questions by Chairman Huh
and Mr.. Esch, the witness said that the
men were not thrown into the bull pen
because OF any SPECIFIC charge against
them but by virtue Of The Governors
proclamation declaring that q state OF in
surrectiOn existed In Shoshone county. The
bull pen was made use Of because II was
considered more sanitary tnan the county
Jail In the matter Of the arrests, the Wit
ness admitted that some mistakes had
been made" meaning that innocent men
had been detained IN the pen. Some OF
the men confined in the bull pen We're sub
sequently indicted Some OF those who
were shown not to have been agitat0rs
we're released.
Mr. Forney insisted that the military
authorities acted under the direction Of
the civil authorities, though certain mat
ters Of discipline were left 20 the troops.
He said that as general thing the troops
made no arrests without being directed 10
do so by the civil officers. nor had the
troops sole authority to release prisoners.
Under crOss-examination by Mr.. SulZer,
F0Tuey said that his present official posi-
ti0n was special prosecutor for ShCshone
county. under appointment BY Judge Stew
art. district Judge 81 the time o. his
appointment he was not 2 citizen Of ShO-
shone county.
Mr.. SuIzsr produced the statistics Of Ida
no 10 show that 20 be lawful the attorney
from "a county either by election or ap-
pointment must have been a resident OF
that county for six months before his
election or appointment. This matte~
seemed TO disturb the witBcss and he in
sisted on making an explanation. but Mr.
Suizer would not permit This AT that iunc'-
ure but demanded direct answers 10 his
questions.
Mr.. Sulzer then pressed the witness
closely to show that Dr. France, the coro-
uer CT Shoshoue county. and who presided
al the inquest. was the company doctor in
the pay Of the Bunker Hin and Sullivan
mine. The witness could not testify that
France was not an employC u that COM
pauy.
Mr.. Forney said the inquest took q very
wide range. On being asked why the cor0-
ners jury thought 10 necessary 90 go into
the matter of the blowing up OF the mine
be said that 90 was he understanding that
the occurrence OF April - In which Two
men had lost their lives. --as the result Of
conspiracy. Therefore. 10 ej ont any
thing about those who were parties 90 this
conspiracy might clear up TIE matter %
the deaths which 10 was the primary OBJ
ject Of the coroner's jury 10 examine into.
DO you know how Gov. Steuneubs-g
came TO declare ,hat state Of insurrec on
oxisted2"
He issued a proclamation on ths
strength OF facts brought % his notice"
Was that proclamation not prepared by
Mr. Lindley. DR. France sad ar. Sinclair.
employees Of the mine company"
i do not know. Gov. Sremeuberg told
me that he had prepared the pr0clama-
ton"
Mr.. Sulzor then took the witness over
the matter OF the suspensions or the de-
nial Of writs Of habeas corpus. Mr.. For
ney said that the writ o. habeas corpus was
not suspended, but the courts OF Shoshone
county refused 10 issue this writ holding
that the grounds foT the issuance Of the
writ were not sufficient The Attorney
General had announced. that the writ was
suspended, but this was not true. The
Governor had no aEthority under the stat
ute 20 take that step. nor did he assume O.
take g. Though not suspended. the courts
refu~sd 10 issue the writ.
At noon the committee took a recess iii
. L-n-nnE