Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1900-03-16
DONE ACCORDING 10 LAW.
Presenting Attorney Says Occur d,Alene
Proceedings Were All Legal.


Prosecuting Attorney Says Occur d'Aiene
2as III Proceedings Were All Legal.
WASHINGTON, March is. Although
the direct testimony in the Coeur
d Alene investig CATION before the house;
committee com on military affairs is not yet
closed, the prosecuting witnesses tenn
porarily gave place to the first witness.
not identified with those bringing the
charges. This was j. II. Forney, the
special prosecuting officer who directed
the cases before the coroner's jury and
the grand jury at the seat Of the dis
order. He said he had been a prosecut-
ing officer III years and was specially APP
pointed in this caseby the attorney gem
eral Of Idaho
The witness said the coroner's inyes-s
tigation, which was much criticized on
the direct examina ation, was conducted
IN the usual way and in accordance.
with the law The jury not only in
yestlgated the deaths resulting from the
riot Of April 20, but also the conspiracy
leading up to chat demonstration. The
theory that . conspiracy existed gave
the inquiry broad scope. Mr.. Forney
said, however, that no force, violence or
intimid alton was used toward the wit
nesses. DIE
Not Held Under Specific Charges.
Concerning the prisoners in the ssbnn
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 insurrection. This was in accordance
with the law, he said, which provided
that in case of insurrection, the gov
ernor can appoint special officer with
an armed force to take charge of affairs.
Bartlett Sinclair was appointed by this
officer 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 III 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 Governor Steunenberg
had told him that the system was not
new; that the miners unions had COM
PEELED the mine owners to take out per-
mits, and that ssthis 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
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. y
Against the Ends of Justice.
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
it would have been against the ends of
justice and would have assisted sus-
pected parties in escaping. Bail was
not denied in bailable cases but the men
in the s.bun pen' were not bailable.
being held, not under the usual law
process, but under the proclamation Of
the governor.
& Mr.. Sulzer conducted the cross-exam-
ination. He brought out that Mr..
Forney did not live in Shoshone county
when appointed special prosecutor and
he then read a 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 wit.
ness explained that this law applied to
an elective Office. He was closely ques-
toned as to his alleged efforts to secure
testimony from Sinpkins. He said iti
was reported to him Sinpkins had dam
aging testimony to the effect that three
of the prisoners in the s'bull pen'' par
ticipated in blowing up the mill, but he
was afraid OF his life if he gave this tes-
timony. He lForney) then assured
Simpkins fof protection and said he
would recommend to the court his ex-
oneration, but Simpkins would make no
statement.
The witness said he was an attorney
for the Bunker Fill mine about year
prior to the disturbance and now he was
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