The age-herald., 1901-09-12
Decision of Similar Gases in Higher Court Will be
 Awaited SHE LOOKS TIRED AND WORN
High Priestess of Anarchy stubbornIy Insisted on an immediate Hear ing, But Her Case Was Post
 poned Until Sept. 1e.


 Prindiville today decided that Emma Goldman, the anarchist lecturer, under arrest here, should be held without bail pending the decision of similar cases in the upper court. The action of Justice Prindiville extends only to Friday of this week. At that time the question will be reconsidered and the magistrate will de- eide whether she shall be held without bail or released under bond until the pre- liminary hearing of the charges which is set for September 19
 Miss Goldman had not secured counsel, but in determined voice declared that she was ready to act as her own attorney The assistant city prosecutor however, obtained continuance of the hearing un- til September IS, the date set for hearing of other anarchists in custody here MT. Owens, the prosecutor stated that the result of an investigation at Buffalo was being awaited.
 The court postponed it's decision in the matter of ball later in the day. Judge Chetlain in the Superiar Court, held the anarchists till Friday, when. he said, he would hear arguments in the application for writs of habeas corpus As the charge against Miss Goldman, conspiracy to murder President Mckinley" is the one lodged against the local anarchists who are named as co-conspirators with Miss Goldman. Magistrate Prindiville thought it wise to await the decision of the high CT court.
 Not Necessary for Writ. He said 1t would not be necessary for l counsel to apply for a writ for Miss Gold l man, as he would deal exactly with Miss 1 Goldman as Judge Chetlain did with th.a, other prisoners Miss Goldman was repre- scented by Lawyers Brown. Goeting and l Salte They were busy in the habeas | corpus proceedings during the forenoon, l but interviewed their client in time to appear for her in the hearing in the mat ter of bail. Lawyer Goeting in pleading for the prisoner said:
 This matter must be disposed of &C., cording to the we'll known rules of law. When party is brought into court charged with any criminal offense, that party has a right to an immediate hear ing. Section ', article of the constitu- tion of Illinois declares that all persons shall be bailable by sufficient sureties, ex- cept for a capital offense, where the proof Is evident and the presumption great When a person is brought into court on a charge, even though 1t be a capital case. 1t would be bailable unless there was some evidence given before tho court to show that the proof was evident and the presumption great. Otherwise tho constitution would not say that all of- lenses are bailable except where there is an exception to the general clause, 1t devolves upon the prosecution to prove that exception. In this case the anidavit Co., vxrfAfa hn Ia because the law requires an oral exarn- ination. the affidavit to be based on that oral examination. It should be upon per sonal knowledge as to the facts"
 Courts Decision. In deciding the case the court said:
 "while this morning was inclined to believe that the defendant might be enti- tied to ball. considering the condition the President Is now in, yet at that time. or course, I did not know that there was any proceeding pending or that 1t was going ito be taken to higher court O1 course this present defendant IS Tn charge just the same as all the rest of them. She is charged Jointly with them in con- spiracv I don't feel as If I should now take any action which might be contrary to the decision that would be arrived at by the upper court or that would In any way influence the court In the matter there pending That being the case, feel ing as I do, and with the understanding that I had with counsel this morning, that if Judge Chetlain admitted the other defendants to bail or If anything was done I would do the same, l SUM say tnat win remand this defendant, and .Judge Chetain at Il o'clock Friday morn ing admits these prisoners to bail VIII immediately send for Miss Goldman, or at whatever time hear of 1t. and will 40 the sameJthat Is, I will admit her to bail the same as the upper court
 Her Appearance In Court.
 Miss Goldman appeared in court at 9:3o A m. under the escort of Matron Keegan- She seemed surprised that no lawyer was there to take up her defense, and glanced uneasily about the room full or uncoutn prisoners and curious spectators. Sne asked for Lawyers Saluel and Brown. both of whom have been engaged In doing the legal work of the local anarchists ar rested last Friday. They were not In court and Justice Prindiville said he would wait reasonable time Tor them to appear Although the telephone was kept busy, an hour elapsed and the law yers were still absent. Chief or De- ,ect,ves Nolleran then demanded that the case proceed It took only w'mnutes and then Miss Goldman was led back to her room in the woman's annex
 She looked tired and worn and there were evidences of nervousness In her manner. She was dressed as she was vestertiay-in a shirt waist and blue walking skirt. .S
 When Prosecutor Ownes repeated the charge against her she flushed and then smiled.
 "I asked the chief of police last night to have Lawyer Leopold Saltiel sent to me- she said to an Associated Press re- rorter before leaving the court room
 q guess he must have forgotten it exnected that my friends would have been busy in my behalf. forgetting that ,,a tion-v wide drag-net which the police have flung out
 when Miss Goldman was brought be- fare Justice Prindiville this morning he