Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1901-09-14
THE RRDEAS CORPUSCASE
POSTPONED UNTIL TODAY.
DANGER OF A LXNCHiNG CAUSED
JUDGE CKETLAIN TO HOLD
COURT
IN CRIMINAL COURT BUILDING.
RECESS TAKEN BECAUSE OF An
OTHER CASE REQUIRING
JUDGES ATTENTION.

in the criminal court to-day listened for
two hours to arguments OF counsel in
the hearing on the petition for writ
of habeas corpus for the anarchists I'M
der arrest here.
Because of threats Of lynching the
prisoners made by angry citizens on the
streets this morning, Judge Chetlain
decided to hear the hsOeas corpus cases
OF the Anarchists in the criminal court
building instead Of the county building.
The county building is in the down
town district where bulletins, telling
OF the Presidents condition are liber-
ally posted
The Anarchists are locked up in the
Jail just to the rear of the criminal
court building, the two being connect
ed by a covered way. 1t is five blocks
from the jail TO the county building
where Judge Chetlain ordinarily sits.
Sheriff Magerstadt moved among the
excited crowds during the morning and
heard threats of lynehing freely made.
Fearing that an attack might be made
in bringing the prisoners down town
he went to the Judge and requested
him to make the change. He told Judge
Chetlain that the crowds were angry
and that every bulletin from the Pres
ident's bedside made them more threat
ening. Judge Chetlain readily consent
ed to the change.
At 1850 p. m. recess till 10 a. IN.
tomorrow was taken without any deci-
sion having been reached.
The recess was taken because the
Judge had on the docket another case
which he was compelled to hear this
afternoon.
In informal remarks made for the
benefit of counsel the court seemed TO
incline to the belief THAI the police had
the right to hold the anarchists as
precautionary measure even though
evidence was lacking to convict them
of any crime. Counsel for the city adj
United that there was no evidence 10
hold the prisoners, but pleaded in just
ification of holding them the world
wide moment of the case.
In making his remarks to counsel
the court specifically stated that he
was not discussing the case on its
merits.
n9ajd the matters for his consid-
Grafton were:
First-Was the process by which the
prisoners were arrested and held reg
ular?
Second-Has the justice court juris
diction?
Third-Has the magistrate denied
speedy hearing to the prisoners and
has he denied them the constitutional
right of bail?
These questions, it is expected, will
be passed upon by the court following
the completion of arguments by coun-
sci tomorrow.
In his argument, Dr. Taylor, for the
city, said:
'If the hypothesis of the police is
correct, and we believe it is, the as
sault on the President was the result
of conspiracy embracing three States
Illinois, Ohio and New York-and
including men whose names are not
even known to the public"
Every ear was turned in eXpecta-
ton of details but none was forthcom-
ing. Instead, he faced the spectators
and extolled the President. He grew
enthusiastic and asked what mattered
few technical violations Of the law
the convenience of few human atoms
indicating the prisonaFs-when that
great life" was in the balance at Buff
falo.
Mr. Geeting here objected to the
trend of opposing counsers remarks,
and Mr. Taylor returned to his argu-
ment
81 will say, however" he said, that
the police here have received a tele-
gram from Buffalo, in which Chief Bull
states he has sufficient evidence to Sc
cure extradition papers for the anarch-
lists under arrest here"
Then let us have that evidence; let
us have some evidence, something that
will remotely resemble evidence
against these people" shouted Mr..
Geeting.
When Lawyer Geeting ceased DR..
Taylor said the only question before
the court was the adequate jurisdiction
of the justice court-that is, the juris-
diction of Magistrate Prindiville. His
argument was technical, tending to
uphold the authority of the lower court
and the legality of the official acts of
Prindiville.
HERR MOST HELD.