The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1900-04-29
7, MERRIAM ON THE STAND
- cusOss-ExAMINATIoN IN THE
coEUR DALENE INQUIRY.
eurses Enphaticaily That Any Ar
pssts Were Made Before Martial
law Was DecIared-The Troops
olnply Aided Civil Authoritfes.

WARRINGTON, April 2s-The examina-
- Of Gen. Merriam was continued at the
61eur GAlene investigation by the military
Smm1ttee OF the house today. He REVIEW
p b fun detail his instructions. In teie-
m from Secretary Alger OF May 81, he
n1 ruksrrsd to Gen. Merriam's Original
Si1ructionG" Gen. Merriam testified that
= lad never received any Original in
MuodonT' bsyoad the direction 70 proceed
= J1nho and put down the insurrection
= had applied to the department twice
~ "or1GfnAl Instructions" but they had
o6vsr been furnished and he had come to
- conclusion that Secretary Alger was in
n9arding the incident Of the pump men
\ ~ Tiger-Poorman mines he said Gov.
nceBsnberg had asked what could be done
3 mve the mine In case the men decifnsd
y take out permits He had replied that
y did not feel competent to advise. lie
NV That to have allowed the mino TO be
~ up with water would have DESTROYED
= effectively as to have blown Il up
With dynamite.
Attorney Roberts conducted the cross-
sSnmination Of Gen. Merriam. In reply To
Z series OF questions Gen. Merriam testf-
"a that martial law was declared by the
sovernor OF Idaho. upon whose request the
Unked States troops were furnished and
nat the section Of tho Revised Statutes
Fseuirirg tho president TO proclaim a state
n ins1rrection did not apply. Some Of tho
feoeTAl troops, he testified. we're In Idaho
and some on their way there before martial
~ Vas declared May g.. He had telegraph.
= {May p to the war department taat he
veu.d exercise martial law II action was
N dlsapproved by the department
"Wss that your intention?" asked Rob-
III was replied Gen. Merriam. ..But
\ wss not exercised. 1t was my inten-
Ion TO scrutinixe travel outward bound
ffem the scene OF trouble. The governor
prpclaimed martial law on May g. Up to
NJ tirnc Of his arrival i1s arrests had been
on6e."
NOoertson sought TO gain an admission
mt some OF these arrests were made prior
n the governors proclamation, but Con.
Merriam denied this emphatica.ly, produce
~ his kilograms to show that when he
erdered arrests he stated that martial law
uas declared. When he had directed that
tSrests should BE- made by deputies he had
ut conceded that the troops could not
uake arrests directly and without war
Ionss under martial law.
do you think that under the condi-
Hens that obtained In the Occur q 'Aienes
II was proper and reasonable to hold pris-
sners from -four 10 six months without ex-
suination?'
= am no, prepared to answer No." re-
pied Gen. Merriam II do not know all
De attending circumstances and condi-
lions"
ibid you take any mems to determine
The probable innocence OF the prisoners
lor your own information % that Of the
president ~ the United StatesY'
mo further than to urge preliminary
examinations by the civil authorities"
"fou convened n, military court to try
those prisoners7"
= did not. The state courts wsre open"
"You took no pains to determine whether
ans Information had been lodged against
ZEN frrcstcd?'
II did not"
"Yon lent soldiers 10 the deputies who
unade arrests7"
II dId not, sent soldiers to protect the
equities and to rsesivs and safeguard the
etsoncrs"