New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-02-04
HABEAS CORPUS.
MARTIAL LAW NOT PROCLAIMED. BUT
MILITARY PREVENT SERN-
ING OF WRIT.

Frankfort Ky. Feb. (SpeciaD.-The climax
Of Governor Taylor's Cromwean course was
reached late this afternoon when the writ of
habeas corpus was suspended. The event was
more startling to the distraught nerves of
the community than II the Gatling guns
in the Capitol grounds had begun TO rip and
clatter The event came about in this way:
Friends of Alonzo Walker who was seized BY
soldiers yesterday and put in the guardhouse as
a military prisoner. to await trial by court mar
tial for trying TO civil court process on
Taylor, obtained from Judge Moore a writ of
habeas corpus for him.
The writ was placed in the hands Of Sheriff
Suter to serve. The Sheriff was stopped at the
main entrance to the State House yard by the
bayonets of soldiers Suter called for Adjutant-
General Collier. In his place came Captain Will
Der. officer of the day who refused either to re-
caive the writ TO send for his superiors- You
can't enter these grounds to serve a writ or for
any other purpose" sternly said Captain WILDER
to Sheriff Suter. The court officer, under the
direct advice of Judge Cantrill. made no demon
stration Of resorting to force. He merely re-
traced his steps to his Office and pigeonhoed the
writ.
In the office of the Circuit Clerk. adjoining
that of the Sheriff. there has lain since O'Clock
this morning the typewriter copy of an in
junction order granted by Judge Cantril, re-
strainng Governor Taylor from interfering with
the meeting of the Legislature and from renov-
ing the seat of the Legislature to London. KY
The temporary injunction is TO remain bind
ing until February s. when the hearing TO make
ii permanent will be heard before Judge Cantril
al Georgetown Ky.
No copy OF the order has been placed in the
hands OF the Sheriff for service Why this has
not been done nobody with authority to speak
will venture TO explain. Obviously. how
ever, the reason rests in the very heart Of the
dreadful danger of this unprecedented situation
in Kentucky.
TO TEST TAYLOR'S OPPOSITION.
The habeas corpus proceeding is regarded
strictly pro forma. Its object to put TO
the severest test the disposition of Taylor 10
defy wholly the civil authority. Aside from the
legal and sentimental phases Of his situation
Walkers plight is causing distress either Of
body or mind. He is being we'll treated by his
military captors. He is being deprived of no
prerogatives to which he claims title by right
of popular election. His arrest and imprison-
ment were the acts of military despotism but
proclamation of martial law had been
made by those responsible for his treatment it
was argued that possibly through some legal
quibble it might be shown that there was justif-
cation in the statutes for the act
But as under all the recognized codes the
writ of habeas corpus is never suspended until
military rule supplants the civil law, it was
determined by the Democratic managers to con-
front Taylor with the most sacred Of all civil
processes with the view of convicting him in the
National judgment of practising without pro-
claiming martial law. This has been accom-
plished. and here the Democrats rest this phase
of their case.
But behind the injunction writ is the deter
mination of the Democrats to oust Taylor and
those who elected with him from the Of
fees they holding by the overawing
presence of Gatling guns and fifteen hundred
soldiers. The habeas corpus writ was a tenta-
tive experiment.
THE writ of injunction means business"
one Democrat Of National reputation expressed
IL to-day. Business of such a serious nature
as the Democrats have in hand usually is not
entered on until the means to successfully prose-
cute it also are in hand. AS they not yet
prepared TO carry out the determination back of
the writ OF injunction, no effort to-day
made 10 enforce it.
WHEN CLIMAX WILL Be REACHED.
When these preparations made the climax
OF the frghtful drama being enacted here will
be reached. Then the last resort of stricken
civil authority will be taken. that OF calling
the posse comitatus. the whole body of citizens.
to aid the officers of the court in enforcing a
body of citizens will respond 10 this call will de-
pend on Democratic necessities. If Taylor in
creases the strength OF his soldiers and noun
tain sharpshooters. many thousands of Dem
ocrats rush to this city viii respond
But men who not willing TO believe Taylor
is insane insist that before this dreadful alter
native is reached he will throw down his arms
and surrender. Final hearing OF the injunction
viii not be had until Thursday. and this viii
occur at Georgetown. eighteen miles from
Frankfort. If the stemporary order granted to-
day is then made permanent, Il may still be
several days after that before the wild alarm Of
riot is sounded by the civil authorities. Pend
ing this, it is being prayed by the women OF
Kentucky tonight that something viii occur 10
drive murder out of the inhamed minds OF the
men OF Kentucky. irrespective OF political OF
factional affiliations.
II the posse is called out Il will find only the
Democratic part OF the Legislature here. The
Republican part will be going through the farce
OF holding sessions in the little mountain town
OF London. 10 which Taylor adjourned the Gen
eral Assembly to meet next Tuesday Men OF
sanity here do not believe he will attempt to
Continued on sixth page.