The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1901-09-13
IN EMMA G0.DMAN'S CASE STILL HELD
FOR DECISION
THE PRIVILEGE NOW DENIED HER
The Magistrate Awaiting Decision OF
the Superior Court in the Cases OF
Her Co-Conspirators Her Trial
Postponed TO the l9th-Her Demand
for Bali and a speedy TriaI-The
Court Sccne-Habeas Corpus Pro-
ceedings to be Instituted

Prindiville today decided that Emma
Goldman, the anarchistic lecturer I'M
der arrest here. should be held without
bail until Friday pending the decision
OF similar cases in the superior court.
Miss Goldman appeared for a hearing
before the magistrate during the fore
noon. She had not secured counsel. but
in a determined voice declared that she
was ready to act as her own attorney.
The assistant prosecutor. however. OBJ
tanned a continuance OF the hearing un-
till September 18th, the date set for the
hearing Of the other anarchists in GUS
tody here. Mr.. Owens. the prosecutor.
stated that the result OF an investiga-
ton at Buffalo was beng awaited.
The court postponed its decision in
the matter Of bail which Miss Goldman
demanded h privilege OF furnishing.
until later in the day. While waiting.
Judge Chetlain in the superior court
held n other anarchists until Friday,
when, he said. he would hear argu-
ment in the applications for writs of
habeas corpus.
AS the charge against Miss Goldman,
conspiracy to murder President Nc
kinley," is the one lodged against the
local anarchists. who are named as CO.
co~nspirators with Miss Goldman,
Magistrate Prindiville thought it wise
to await the decision Of the higher
court. He said it would not be neces-
sary for counsel to apply for a writ for
Miss Goldman, as he would deal exactly
with Miss Goldman as Judge Chetlain
did with the other prisoners.
MISS Goldman was represented by
Lawyers Brown. Geeting and Saltiel.
They were busy in the habeas corpus
case in the forenoon, but interviewed
their client in time TO appear for her
In the hearing on the matter of bail.
Lawyer Geeting. in pleading for the
prisoner, said:
"This matter must be disposed of
according to well known rules of law.
When a party is brought into court
charged with any criminal ~offense, that
party has a right to an immediate
hearing. Section Z, article 2, of the
constitution Of Illinois declares that all
persons sha be bailable by sufficient
surieties, except for capital offenses
where proof is evident and the pre-
sumption great In this case, the aft
davit filed does not conform with the
law. because the law requires an oral
examination, the affidavit to be based
on that oral examination. 1t should
be upon personal knowledge as to the
facts"
Counsel then contended that none of
these constitutional requirements had
been complied with in the case of Miss
Goldman. In deciding the case Magis-
trate Prindiville said he did not want
to tai any action which might be con
trary to the decision to be arrived at by
upper court and said he would admit
Miss Goldman to bail if Judge Chetlain
admitted the other prisoners to bail.
Attorney Geeting protested, insist
ing that under the law the amount Of
bail should be endorsed on the COM
mitment.
Miss Goldman appeared in court at
$3.50 o'clock a. m. under escort Of Ma
iron Keegan. She seemed surprised
that no lawyer was there to take up
her defense and glanced uneasily
about the room. full Of uncouth pris-
oners and curious spectators. She ask
ed for Lawyers Saitiel and Brown.
They were not in court and Justice
Prindiville said he woul wait a rea-
sonable time for them to appear. AL
though the telephone was kept busy,
an hour elapsed and the lawyers were
still absent.
Chief Of Detectives Collerhan then
demanded that the hearing shouG pro-
coed. 1t took only a few minutes and
Miss Goldman was led back to her
room in the women's annex. She look
ed tired and V When Prosecu-
tor Owens repeated the charge against
her she flushed and then smiled.
When the defendant was escorted
back to the court room Justice Prindi-
vile said to her: Your lawyers do not
seem to be inclined to come.
Miss Goldman: II learn that they
are very busy with the other cases. Sc
we will leave 1t. 1t does not matter
1 can take charge of the case myself
Prosecutor Owens: II renew my mo-
ton to continue the case until the 18th
and that h be held without bail"
Miss Goldman a hearing
and asked that she be admitted to bail
The court Ito Mr.. Owens) why dc
you want a continuance?"
Mr.. Owens: The absence Of mate
rial witnesses. I propose to show that
Emma Goldman conspired together
with the other nine defendants to as
sassinate President Mckinley, and
until such time as we receive further
information from Buffalo, I ask that
your honor continue the case until the
18th, together with all the other de-
PENDANTS. She is charged with con
| spiracy to kill and IL President Nc
Kinley dies she Will De an accessory be-
| fore the fact and the principal and viii
be Just as guilty as CZolgosZ. 1t is a
capital offense and I do not think this
offense is bailable under the circum-
stances of the case"
The court: We'll. I will continue II
until the 18th. What have You TO say
about the bail part of it. Miss Gold
MANI"
Miss Goldman: II want to be put
under bail. as / asked. because 1 be
.lieve the case Is a trumped up charge
and has no evidence whatsoever"
Mr.. Owens: Your honor, all the
other defendants were committed with
out bail. and If there is any guilt EN-
ma Goldman is the archconspirator.
She is not entitled to any bail under
the circumstances"
After some discussion h court con-
tinued the case and held h question
OF bail open until the afternoon, when
bail was refused.
Captain Collerhan has received a mes
sage from Chief Bull, OF Buffalo, stat
ing hat the requisition D for Miss
Goldman will be forwarded as soon az
possible.