The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1900-03-15
OFFICER TESTIFIES.
Man Who Prosecuted the Case Against
Wardner Miners.


Washington, March 15-Although
the direct testimony in the Occur d'A1ene
investigation is not yet closed, the
prosecuting witnesses temporarily gave
place today to the first witness not
identified with those bringing the
charges. This was j. H. Forney, the
special prosecuting officer who directed
the cases before the cOroner'S jury and
the grand jury at the seat of the dis
order. He said he had been a prOSecut-
ing official for II years, and was spe-
cially appointed in this case by the at
torney general of Idaho. The witness
said the cOroner'S investigation, which
was much criticized on the direct eX-
animation, was conducted in the usual
way and in accordance with the law.
The jury not only investigated the
deaths resulting from the riot of April
20, but also the conspiracy leading up
to that demOnStra ton. The theory that
conspiracy existed gave the inquiry
a broad scope. Mr.. Forney said, how
ever, that no force, violence or intimi
datiOn was used toward the witness.
Concerning the prisoners in the bull
PEN Mr.. F'orney said they were not
held under any specific charges but by
virtue of the governors proclamation
declaring the country was in a state of
Instruction.
This was in accordance with the law,
he said, which provided in case of in
surrection the governor can appoint a
special officer with an armed force to
take charge of affairs.
Bartlett Sinclair was appointed as
this officer in charge and as the state
militia was in the Philippines, the gov
ernor called on the federal government
for troops.
The witness said the United States
troops assisted the state authorities in
making arrests, but so far as he knew
they did not make arrests or discharges.
He specifically denied that he had au-
thorized the proposition referred to by
witness Simpkins relative to duplicating
two miners in the blowing up of the
mill.
Mr. Forney was asked as to the per
nit system under which men were
not allowed to work without an official
permit. He said Gov. Stuenenberg 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 witness asked
that the last phrase be stricken out,
but Mr. Lentz objected. Mr.. Forney
then added to the phrase, that it was
an inning for the other side, so far as
this was necessary to preserve order in
the Couer d'Alene district"
Mr.. Forney said the counsel for the
accused demanded the names of par
ties indicted and copies of the testi-
mony, but this information was not
given as it would have been against
the ends of Justice and would have
Bail was not denied in many cases, but
the men in the bullpen were not bail
able, being held not under the usual
law process but under the procIama-
ton of the governor.
Mr.. Sulzer conducted the cross exam
nation. He brought out that Mr.. For
ney did not live in Shoshone county
when appointed special prosecutor, and
he then read a statute of Idaho, to the
effect that no person shall be eligible
to a county office until he has been an
elector of the county for six months.
The witness explained that this law ap-
piled to an elective office.
He was closely questioned as to his
alleged efforts to secure testimony
from SimDkins. He said it was re-
ported to him that Simpkins had dam
aging testimony to the effect that three
of the prisoners in the bulIpen par
ticipated in blowing up the MILL but
he was afraid of his life if he gave this
testimony. He, Forney, then assured
Simpkins of protection, and he said he
would recommend to the court his ex-
oneration. but Simpkins would make no
statement.