The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-03-16
AIDED STATE OFFICIALS
MILITARY DID NOT ACT ALONE IN
THE COEUR D,ALENE DISTRICT.
United States Troops Merely Assist
Ri0ters-J. III. Forney's Evidence.

WASHINGTON, March 15.-In the Occur
d'Alene investigation before the House
committee on military affairs J. H. For
ney, the special prosecuting officer who d.
rected the cases before the coroner and
grand jury at the seat OF the disorder.
testified. He had been specially appointed
In this case by the attorney general of
Idaho. Witness said the coroner's investi-
cation, which was criticised on the direct
examination. was conducted in the usual
way and in accordance with the law. The
jury not only investigated the deaths re-
sulting from the riot of April %. but also
the conspiracy leading up TO that demon
stration. The theory that a conspiracy ex-
listed gave the inquiry a broad scope. Mr..
Forney said, however. that no force, vio-
lence or intimidation was used toward the
witnesses. Concerning the prisoners de-
scription of the bull 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 a state of insurrection. This was in ac-
cordance with the law, he said, which pro-
vided that in case of Instruction the Gov
ernor can appoint a special officer with
an armed force to take charge of affairs.
"to aPDOilttu dS lHlS
of;icer In charge. and as the state militia
was In the Philippines the Governor called
upon the federal government for troops.
Inc witness said the United States troops
assisted the state authorities I'm making
arrests but so far as he knew they did
not MAZE arrests or discharges independent
or the state authorities.
Mr.. Forney said the counsel for accused
demanded the names of parties indicted
and copies OF the testimony. bur this in
FORMATION was not given, as il would have
D9an Nh The ndE NJ -
nave assisted suspected parties i'm escaping.
Bail was not denied In bailable cases. he
said. but the men in the bull pen were
not bailable, being held not under the
usual law process. but under the proclama~
tfon OF the Governor.
Mr.. Sulzer conducted the cross-examina-
uon. He brought out hat Mr.. Forney did
not live in Shoshone county when an
pointed special prosecutor. and he then
read a statute OF Idaho TO the effect thar
no person shall be eligible 10 a county
ONCE unless he has been an elector of the
county for six months. The witness ex-
planned that this law applied to an elective
office. He was closely questioned as to his
alleged efforts to secure testimony from
Simpkins. He said IL was reported tn him
Simpkins had damaging testimony TO the
effect that three OF the prisoners i'm the
Dull pen participated in blowing up the
mill, but he was afraid of his life III he
gave this testimony. He (ForneyD then as
sured Simpkins Of protection and said he
would recommend to the court his exonera-
ment.
The witness said he was an attorney for
the bunker Hill mine about a year prior
20 the disturbance and now he was attor-
ney In a case against them.
The witness was examined at length on
the legal rights Involved. the suspension of
the writ or habeas corpus. etc. He said the
witt had not been suspended i'm Idaho. al
though the action Of the Governor and
the holding of the courts might have had
fhat practical effect. He maintained. how
ever. that the denial Of a writ OF habeas
corpus In particular cases did not operate
az a general suspension of the system
The cross-exam!nation by Mr.. Lentz and
MI. Sulzer was directed 10 showing that
the attorney general OF Idaho demurred
10 the application for habeas corpus ard
I'm effect held that the writ was suspended.
A heated controversy arose over the
hypothetical question by Mr.. Lentz as TO
whether III a Sister OF Charity had been
put In the bull PEN she could have SCI