Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1900-03-17
BARTLETT THE WHOLE THING
investigation at Washington Shows
His Supreme Power at
Wardner.
FORNEY ON THE WITNESS STAND
Interesting and Racy Sparring Between the
Attorney and Congressman
IeHtI

AHfllNGGbN, MarCh Is After eau
uously sparring for the greater part of
the day Prosecuting Attorney Fornev, of
the Crur d'Alene trials admitted this
afternoon that il was beyond the power
OF any court to release a prisoner held by
Bartlett Sinclair in the bull pen. No
matter whether innocent or guilty, Mr..
Sinclair alone could restore prisoner to
freedom. The admission was reached at
the conclusion of an examination today
before the military investigation commit
tee. The prosecution, as Mr.. Lent and
his labor union allies have come to be
at the request of Forney, who wants to
return TO Idaho, he was put on the stand
today. The lawyer prosecutor VIII pushed
the trial Of Corcoran proved a clever wit
ness, and the verbal battle between him
and Lentz was lively one.
Forney started out by affirming that
writ of habeas corpus was not suspended
in the Cpur d'Alenes, but ended by adj
mitting that ii was actually ignored, and
that no person held by the military
authorities could be freed through it.
He opened by detailing the manage
ment of the campaign against the mob
which blew up the Bunker Hill mill.
Forney was asked as to the permit
system, under which men were not al,
lowed to work without all official permit
He said Governor Steunenberg had told
him that the system was not new; that
the miners unions had compelled the
mine owners TO take out permits and that
this was an inning for the other side
After some controversy, Forney asked
that this latter phrase be stricken out
but I.cntz objected Forney then addet
| to the phrase that it was all Ginning fo
the other side, SO far as this was neces
sary to preserve order in the Occur d
Alenc district"
Forney said that the counsel for tn
accused demanded the names of the par
ties indicted and copies of the testimon.
but this information was not given, as
would have assisted suspected parties i
in escaping. Bail was not denied i'll ban
able cases, he said, but the men in III
"bull pen" were not bailable, being hel
not under the usual law process, but VI
der proclamation of the governor.
Sulzer conducted the cross examine
ton. He finally brought ont the fac
that Foruey did not live in Shoshor
county when appointed a special pros'
cutor and he then read the statute {
Idaho to the effect that no person sha
be eligible to county Office unless he III
been elector of the county for six month
, lie was closely questioned as to his a
legged efforts to secure testimony fro
Simpkins. He said ii was reported
him that Simpkns had damaging e,
deuce to the effect that three of the pr
oners in the bull pen participated i'll Il
, blowing up of the mill, but he was afra
; of his life if he gave his testimony. |
Forney) then assured Smpkins of pr
lection and said he would recommend
the court his exoneration but Slmpki
would make no statement. The witne
said he was attorney for the Bunker II
mine about year prior to the distui
ance and that now he was an attorney
a case against them.
Governor Steunenberg i'll due fol
declared the county i'll state of inst
rection and called on the president
troops These troops on arrival We
placed by orders Of Steuneuberg un(
command Of his duly delegated age
Bartlett Sinclair. That also was in f
accordance with law.
..Martial law was not declared by
governor. He kept clearly within |
limits Of his power and martial law {
not exist until the arrival of troops.
nv mind. there was certainly necess
for il. The establishment Of it, howey
lid not interfere with processes Of C
| courts ne Two went dIoIlS Sliluil
rou,lv. The writ of habeas corpus :
not suspended. The court on showi
which were made merely refused to is
! the writ when applications were ma
/ hats all.
Then Mr.. Sulzer took up the mates
aaheas corpus. "You say the writ
not dcnicls" nc demanded. "Certai
not.
} "Ddut Attorney General Hays IN
dealings before the supreme court
! ,,are that the writ was suspended'" {
;uurd Mr.. Sulzrr He might HAY
!. tDid he lie," demanded the vigoi
\ spIzcr Certainly not, Mr.. Hays
s not bound in matters Of fact by his pit
I iugs
Z Then Mf. Lentz took up the hal
, rornus issue. Now, argued Mr.. Le
g If pleading- in all these application
g ihabeas corpus failed to show cause