New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-04-29
GEN. MERRIAM MINED.
HIS TESTIMONY IN THE CRUR D'ALENE
INVESTIGATION CONTINUED.

Washington, April 2S.-The examination Of Cen
eraI Merriam continued the Coaur d AIene
investigation before the Military COMMITTEES Of the
House to-day. He explained in detail his instruc-
tons. In telegram from Secretary AIger OF MAY
81. he had referred to General Merrians original
instructions" The General testified that he had
never received any Original instructions" beyond
the direction to proceed to Idaho to put down the
instruction He lad applied TO the Department
twice for these Original Instructions but they
had not been furnished and he had come to the
conclusion that Secretary Alger was in error
Mr. Robertson conducted the c-oss-sxa r7irs+ton
Of General Merriam In reply TO a series of ques-
tons the General testified that martial law was de-
cared by the Governor OF Idaho whose request
the United States troops were furnished and that
the section OF the Revised Statutes recurring the
President 70 proclaim state OF insurrection did
not apply. Some OF the Federal troops he testified
were in Idaho and some on their way there before
martial law declared.
Before martial law was declared on Nav ! he
had telegraphed MAY y to the War Department
that he would exercise martial law If his action
was not disapproved by the Department.
Was that your Intention asked Mr.. Robertson.
1T was" replied General Merriam. But IL was
not exercised. 1t my intention 10 scrutinize
travel outward bound from the scene of the trouble
The Governor proclaimed martial law May g."
Up 10 the time of his arrival lbs arrests had been
made. Mr.. Robertson sought TO secure an adnis-
sion that some Of these arrests made before
the Governors proclamation. but General Merriam
denied this eu1phatcally. producing his kilograms
70 show that when he ordered the he stated
that martial law declared When he directed
that arrests should be made by deputies did not
concede that troops could have made arrests
directly and without warrants under martial law
DO you think that, under the conditions that
obtained in the Coeur d'Alene, it was proper and
reasonable to hold prisoners from four to six
months without examination
Il am not prepared to answer no." replied Cen
eraI Merriam. II do not know all the attending
conditions and circumstances"
Odd you take any means OF examination or
otherwise determine the innocence OF the prs-
Oners for your own information that OF the
President OF the United States Al did
@
probable innOcenceT A--NO further than to urge
preliminary examinations by the civil authorities
Q.-YOu convened military TO try those
prisoners. Al did not The State courts
open.
Q.-You took pains determine whether in
formation had been lodged against the
rested Al did not
Q.-You then lent soldiers deputies who made
arrests? Al did not. I sent soldiers 10 protect
deputies and to receive and safeguard prisoners.
O-DO you think there be civil officers under
martial law Al do, emphaJically.
Q.-DeputieS exercising the functions OF military
officers? A.-Yes, under the direction OF the Gov
General Merriam. in response 10 question to
whether he now considered the people OF Shoshone
County capable OF self government, said he
IN possession OF sufficient information TO give
opinion.
Without completing the cross-examination OF
GensraI Merriam, the committee adjourned until
Monday.