Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-03-15
IDAHO MINING INQUIRY
Special Prosecutor Forney Tells About the
Coroner's Jury Work
Denies Statements Made by Witness
Simpkins-Cr0ss-Exa
by Mr.. Suizer.
IDAHO

Although the direct testimony in the
Occur d'AIene investigation before the
House committee on military affairs Is not
yet closed, the prosecuting witnesses tenn
porarily gave place today to the first wit
ness not identified with those bringing the
charges. This was J. II. Forney. the spe-
cial prosecuting 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 specially ap
pointed in this case by the attorney gen.
eral of Idaho.
COrOner's Jury Work.
The witness said the coroner's investiga-
tion which was much criticised on the di-
rect examination, was conducted in the
usual way and in accordance with the law.
The jury investigated not only the deaths
resulting from the riot of April %. but also
the conspiracy leading up to that demon
stration. The theory that conspiracy ex-
listed gave the inquiry a broad scope. Mr..
Forney said, however. that no ftrce. Vio-
lence or intimidation was used toward wit
nesseS.
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 inSurrec-
ton. This was in accordance with the
Idaho law, he said, which provided that in
case of inSurrection the governor can ap-
point special officer with armed force
to take charge of affairs. Bartlett Sinclair
was appointed this officer in charge and
the state militia was in the Philippines,
the governor called on the federal govern
ment for troops.
Action of Federal Troops.
The witness said the United States troops
assisted the state authorities in making ar
Al "a
make arrests or discharges Independent of
the state authorities He specifically denied
that he had authorized the proposition re-
ferred to by witness simpkins relative to
duplicating two miners in the blowing up
of the mill.
Mr. Forney was asked as to the permit
SYSTEM" under which men We're not AL
lowed TO work without an official permit.
He said Governor Steunenberg had told
him that the system was not new; that the
miners unions had compelled the mine own
erS to 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 it was an inning for
the other side far as this was necessary
to preserve order in the Occur d'Alene dis
trict.'
Mr.. Forney said the counsel for accused
demanded the names of parties indicted and
copies of the testimony, but this informa-
tion was not given. 1t would have been
against the ends of justice and would have
assisted suspected 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.
Cress-ExRmination
Mr.. Sulzer conducted the cross-examina-
ton. He brought out that Mr.. Forney did
rot live in Shoshone county when ap-
pointed special prosecutor. and he then
read Il statute of Idaho to the effect that
no person shall be eligible to a county Of
flee 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 closely questioned as to his al
legged efforts to secure testimony from
Sinpkins. He said it was reported to him
that Simpkins had damaging testimony to
the effect that three of the prisoners in the
bull PEN participated IL blowing up the
mill. but he was afraid of his life If he
gave this testimony. He. Forney, then as
sured SimDkins of protection. and said he
would recommend to the court his exonera-
t1On. but Shnpkins would make no state
ment
The witness said he was an attorney for
the Bunker Hill mine about year prior to
the disturbance, and now he was attorney
i'll a case against them.