Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1900-03-16


of Idaho in Declaring Martial Law.
WASHINGTON, March 15.-Al-
though the direct testimony in the
Couer d'Alene investigation before the
House committee. on military affairs
is not yet closed, the prosecuting wit
nesses temporarily gave place to-day
to the first witness not identified with
those bringing the charges.
This was J. H. Forney, the special
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 prosecuting Of
fetal for seventeen years, and was
specially appointed in this case by the
attorney general of Idaho.
The witness said the coroner's in
vestigation, which was much criticised
on the direct examination, was con-
Quoted in the usual way and in ac-
cordance with the law. The jury not
only investigated the deaths resulting
from the riot of April 20, but also the
conspiracy leading up to that demon
stration. The theory that a conspir-
acy existed gave the inquiry a broad
scope. Mr.. Forney said, however, that
no force, violence or intimidation
was used toward witnesses.
Concerning the prisoners in the
"bull pen," Mr.. Forney said they were
not held under any specific charges,
but by virtue of the governors proc
lamation, declaring that the county
was in, a state of instruction. This
was in accordance with the Idaho law,
he said, which provided that in case
of insurrection the governor can ap-
point a special officer with an armed
force to take charge of affairs. Bart
lett Sinclair was appointed as this
officer ia charge and as the State mil
itia was in the Philippines, the gov
ernor called on the federal govern
ment for troops.
The witness said the United States
troops assisted the State authorities
I'M making arrests, but so far as he
knew they did not make arrests or dis
charges independent of the State au-
thorities. He specifically denied that
he had authorized the proposition re-
ferred to by witness Simpkins rela-
tive to duplicating two miners in the
blowing up of the mill. ~
Mr.. Forney was asked as to ''the
permit system" under which men were
not allowed to work without an Official
permit. He said Gov Stuenenberg
had told him that the system was not
new; that the miners union had COM
PEELED the mine owners 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.. For
rey then added to the phrase, that it
was an Inning for the other side, so
far as this was necessary to preserve
order in the Couer d'Alene district"
Mr.. Forney said the counsel for ac-
cused demanded the names of parties
indicated and copiesaof the testimony,
but this information was not given,
as it 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 I'M
der 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 coun-
ty when appointed special prosecutor,
and he then read statute of Idaho to
the effect that no person shall be
eligible. to county office unless he
has been an elector of the county for
six months. The witness explained
that this law applied to an elective Of
fice. He was closely questioned as to
his alleged efforts to secure testimony
from Simpkins. He said 1t was re-
ported to him Simpkins had damag-
ing testimony to the effect that three
of the prisoners in the bull pen" par
tieipated in blowing up the mill, but
he was afraid of his life If he gave
this testimony. He (Forney) then as
sured Simpkins Of protection and said
he would recommend to the court his
exoneration, but Simpkins would make
no statement.
The witness said he was an attorney
for the Bunker Hill mine about a year
prior to the disturbance. and now he
was attorney in case against them.