The Madison daily leader. [volume] (Madison, S.D.) 1890-current, 1900-03-16

The witness said the coroner's inves-
tgation, which was much criticized on
the direct examination, was conducted
in the usual way and in accordance
with the law. The jury not only in.
vestigated the deaths resulting from the
riot OF April 20, but also the conspiracy
leading up to that demonstration. The
theory that a conspiracy existed gave
the inquiry broad scope. Mr.. Forney
said, however, that no force, violence or
intimidation was used toward the wit.
nesses.
Not Held Under Specific Charges.
Concerning the prisoners in the "bull
pen, Mr.. Forney said they were not
held under any specific charges, but by
virtue Of the governor proclamation,
declaring that the county was in a state
Of insurrection. This was in accordance
with the law, he said, which provided
that in case Of insurrection, the gov
ernor can appoint q special officer with
an armed force to take charge Of affairs.
Bartlett Sinclair was appointed by this
oficer in charge and as the state mil
itia 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 as far as he knew
they did not make arrests or discharges
independent Of the state authorities.
He Specifically denied that he had au.
thorized the proposition referred to by
witness Simpkins, relative to implicat-
ing two miners in the blowing up of the
mill. Mr. Forney was asked as to the
''permit system under which men were
not allowed 10 work without an official
permit He said Governor Steunenberg
had told him that the system was not
new; that the miners unions had com.
PEELED the mine owners to take ont per-
mits, and that "this was All inning for
i the other side
After some controversy, Mr. Forney
/ asked that this last phrase be stricken
out. but Mr.. Lntz objected. Mr.. For.
ney then added TO the phrase that it
was an Ginning for the other side, SO
far as this WAS necessary TO preserve
order in the Occur d Alene district
| Against the Ends Of Justice.
Mr. Fornev said the counsel for the
accused demanded the names Of partie!
indicted and copies Of the testimony
but this information was not given. al
it would have been against the ends oi
justice and would have assisted sns
pected parties in escaping. Bail wa!
not denied in bailable cases but the mel
, in the "bull pen" We're not bailable
b.ng held, not under the usual Law
, process, but under the proclamation o
the governor.
; Mr. Sul2cr conducted the cross-exam
nation. He brought out that Mr.
5 Forney did not live in Shoshone count,
g when appointed special prosecutor ant
+ he then read statute of Idaho TO th
Q effect that no person shall be eligible to
!. county Office unless he has been an electo
of the county for six months. The wit
G ness explained that this law applied I
. an elective Office. He was closely Ques
toned as to his alleged efforts to secur
testimony from S.mpkins. He said
was reported to him Simpkins had dam
aging testimony tn the effect that thre
of the prisoners in the "bull PEN PAL
: ticipated in blowing up the mill. but h
was afraid Of his life if he gave this te,
timony. He tForney) then assure
Simpkins of protection and said h
: would recommend TO the court his e,
oncration. but Simpkins would make Il
statement.
: The witness said he was an attorne
: for the Bunker Hill mine about yea
!, prior to the disturbance and now he WI
attorney in case against them.