The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1900-04-28
GEN. MERRIAM TEsTIFIEs.
Details His Connection With suppre-
ssion of Wardner Riots.


washington. April 28.@The examina-
ton of General Merriam was continued
at the Occur d'Alene investigation be-
fore the military committee of the
house. He explained IN detail his in
structionS. In a telegram from Score
tary Alger of May 81 he had referred
to General Nerriam's original instruc-
tions.''
General Merriam testified that he had
never received any original instruc-
tions' beyond the direction to proceed
to Idaho to put down the Instruction
He had applied to the department twice
for these Original instructions" but
they had not been furnished, and he
had come to the conclusion that Secre-
tary Alger was in error. Regarding the
incident of the pump men at the Tiger
and Poorman mine, he said Governor
Steunenburg had asked what could be
done to save the mine in case the men
declined to take out permits. He had
replied that he did not feel competent
to advise. He knew that to have al
lowed the mine to be filled up with
water would have destroyed II as effect
lively as to have blown it up with dyna-
mite
Attorney Robertson conducted the
cross eXamination of General Merriam.
In reply to a series of questions, Gen
eral Merriam testified that martial law
was declared by the governor of Idaho,
upon whose request the United States
troops were furnished, and that the Sec
I1On OI the IGNlS60 SLdL0lCS
the president to proclaim a state of in
Surrection did not apply. Some Of the
federal troops, he testified, were in
Idaho and some on their way there be-
fore martial law was declared May 3.
He had telegraphed to the war de-
partment that he would exercise mar
tial law if action was not diSapproVed
by the department.
WAS that your intention?" asked Mr..
Robertson.
TT was" replied General Merriam,
''but it was not exercised. It was my
! intention to scrutinize travel outward
bound from the scene of the trouble
| The governor proclaimed martial law
on May 81
Up 10 the time of his arrival 12S ar
| rests had been made. Mr.. Robertson
sought to gain an admission that some
| of these arrests were made prior to
the governors proclamation, but Cen
eral Merriam denied this emphatically,
| producing his kilograms to show that
when he ordered the arrests he stated
martial law was declared. When ne
| had directed that arrests should be
made by deputies he had not conceded
| that troops could not have made the
arrests directly and without warrants
under martial law.
/ do you think that under the cOndi-
| lions that obtained in the Occur dAlene
it was proper and reasonable to hold
prisoners from 4 to months without
| examination"
|
| replied Gen. Merriam ''I do not know
all the attending conditions and cir
| cuTnstances.
did you take any means of examiha-
ton or otherwise to determine the in
| nocence of the prisoners for your own
| information or that of the president OF
the United States?"
"I did not"
Did you take any means to determ-
| inc their probable fnnocence?"
No, further than to urge preliminary
examination by the civil authorities"
You convened no military court to
try those prisoners"
Il did not. The state courts were
OPEN
You took no pains to determine
whether information had been lodged
against the men arrested?''
4 did not"
'eYou then lent soldiers to deputie.
who made arrests?''
4 did not. I sent soldiers to protecI
deputies and to receive and safeguard
prisoners
do you think there can be civil Off
GERS under martial law?"
Il do emphatically."
Deputies exercising the functions O
military officers %
Yes, under the direction of the gov
| ernor''