Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1900-03-15
Prosecuting Attorney Tells 0
ldahO's Action Regarding Riots
CALL ON FEDERAL TROOPS.
This Was Made by the state, which
Directed All Proces dings As 90
PERMITS TO Work.
Afternoon Dispatched

Washington, March l5.-Although the
direct testimony in the Occur d'Alene
Investigation before the House commit
tee on military affairs is not yet closed,
the prosecuting witnesses temporarily
gave place to the first witness not iden-
tilted with those bringing the charges.
This was J. H. Forney, the special pros
ecuting officer, who directed the cases
before the coroner's jury and the grand
Jury at the seat Of the disorder. He
said he had been a prosecuting official
for seventeen years, and was especial
ly appointed In this case by the attor-
ney general Of Idaho.
The witness said the coroners in
vestigation which was much criticized
.plooov W puB 6pM IBnsn aql ~ psloup
-uoo seM uonuulupX9 losLlp 9ul 10
ance with the law. The jury not only
Investigated the deaths resulting from
the riot OF April %, but also the con-
splracy leading up to that demOnstra-
ton. The theory that conspiracy ex-
isted gave the inquiry broad scope.
Mr., Forney said. however. that no
force, violence. or intimidation, was
used toward the witness. Concerning
the prisoners in the bull pen. Mr.
Forney said they were not held under
any specific charges, but by virtue Of
the governors proclamation declaring
that the county was in state OF in
surrectlon.
This was in accordance with the law,
he sald which provided In case OF in
surrectlon the governor can appoint a
special officer with an armed force 10
take charge Of affairs.
Bartlett Sinclair was appointed az
this officer In charge, and as the State
militia was In the Philippines the gov
ernor called ON the federal government
for troops.
The witness said the United States
troops assisted the State authorities In
making arrests, but so far as he knew
they did not make arrests or discharges
Independent OF the State authorities. He
specifically denied that he had author
ized the proposition referred TO by wit
ness slmpkins, relative to duplicating
two miners In the blowing up Of the
mill
Mr. Forney was asked as 10 the per
nit system" under which men were not
allowed to work without an official per-
NIT. Tie said Gov. Steunenberg had
told him the system was not new; that
the miners union had compelled the
mine owners 20 take out permits and
that this was an inning for the other
side.
After some controversy, Mr.. Forney
asked that this last phrase be stricken
out. but Mr.. Lentz objected.
Mr.. Forney then added TO the phrase
that Il was an inning for the other
side so far as this was necessary TO
preserve order In the Occur d'Alene dis
trict."
Mr.. Forney said the counsel for the
accused demanded the names OF parties
indicted and copies OF the testimony,
but this information was not given, as
II would have been against the ends Of
justice and would have assisted sus-
pected parties In escaping. Bail was
not denied IN bailable cases, he said.
but the men in the bull pen" were not
bailable. being held, not under the usual
law process but under the proclamation
Of the governor.
Mr.. Sulzer conducted the cross-ex-
animation. He brought out that Mr..
Forney did not live In Shoshone county
when appointed special prosecutor, and
he then read q statute Of Idaho 10 the
effect that no person shall be eligible
10 county Office unless he has been an
elector OF the county for six months.
The witness explained that this law ap-
piled to an elective office He was close
~ questioned as 10 his alleged efforts
20 secure testimony from Simpkins
He said II was reported to him that
simpkins had damaging testimony TO
the effect that three Of the prisoners in
the bull PEN participated IN blowing
up the mill but he was afraid OF his
life n ne gave this testimony. He For
ney) then assured Simpkins OF protec-
ton and said he would recommend 20
the court his generation. but Simpklns
would make no statement.
The witness said he was an attorney
for the Bunker Hin mine about a year
prior to the disturbance, and now he
was attorney in case against them.