The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-09-12
EMMA is HELD
GOES BACK TO JAIL NOTWITH-
STANDING THE PROTESTS DF
HER COUNSEL
NO BAIL HAS BEEN FIXED
Hearing on Writ of Habeas Corpus
Will BE Held by Magistrate
PrindiviIIe To-
morrow.
REoUIsITIoN FROM BUFFALO

REQUISITION FROM BUFFALO
CHICAGO, Sept 11-Magistrate Prin-
diville today decided that Emma Gold
man, the anarchist lecturer under arrest
here, should be held without bail.
The action of Justice Prindiville in
holding her without bail extends only
to Friday of this week. At that time
the question Will be sreeoHsidered and
the magistrate will decide whether she
shall be held without bail or released
| under bonds until the preliminary hear
ing of the charge against her.
Miss Goldman appeared for hearing
before the magistrate during the fore
noon She had not at that time secured
counsel, but in a determined voice de-
! clared that she was ready to act as her
| own attorney. The assistant city prose-
| cutor, however, obtained a continuance
| of the hearing till Sept Is, the date
set for the hearing of other anarchists
| in custody here. Mr.. Owens, the prose-
| cutor, stated that the result of an in
vestigation at Buffalo was being await
| ed.
The court postponed the decision in the
| matter of bail, which Miss Goldman de-
manded the privilege of furnishing, -un-
til later in the day. While waiting,
JuuSe SHelldlIl, III In6 superior court,
| held the other 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 Presi-
| dent 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
| higher court.
| He said it would not be necessary 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.
When court reconvened Miss Goldman
| was represented by Lawyers Brown,
| Geeting and Saltiel They were busy
preparing the habeas corpus case dur
ing the forenoon, but interviewed their
client in time to appear for her in the
hearing on the matter of ball.
PLEA. OF PRISONERS COUNSEL.
Lawyer Geeting, in pleading for the
| prisoner, said:
This matter must be disposed of ac-
| cording to the well known rules of law.
| When party is brought into court
| charged with any criminal offense, that
| party has right to an immediate hear
| ing. Section Z, article 2, of the constitu-
/ ton or illinois, declares that ali per
sons shall be bailable by sufficient sure
| ties, except for capital offense, where the
/ proof is evident and the presumption
great. When a person is brought into
| court on charge, even though it be a
/ capital case, it would be baiiable, un-
| less there was some evidence given be-
| fore the court to show that the proof
was evident and the presumption great.
! Otherwise the constitution would not say
that all offenses are bailable, except
! Where there is an exception to the gem
! / ha
cution to prove that exception. In this
| case the affidavit filed does not conform
with that law, because the law requires
| an oral examination, the affidavit to be
! based on that oral examination
| THAT is provision of the constitu-
| ton, which we are all sworn to support
! and the ignoring of which is a denial of
| the right of government to guarantee
| the rights of the citizen"
| Counsel then contended that none of
| these constitutional requirements had
! been complied with in the case of Miss
/ Goldman.
In deciding the case the court said
COURTS RULING
.'Whle this morning l was inclined to
believe that the defendant might be enti-
| tied to bail, considering the condition
! that the president is now in, yet at that
was any proceeding pending or that it
| was going to be taken to higher court
| OF course this present defendant is in
charge Just the same as all the rest of
| them She Is charged Jointly with them
| in conspiracy. Of course, it being taken
| to superior court, do not feel as if
l should now take any action which
| might be contrary to the decision that
would be arrived at by the upper court,
I or that would in any way influence the
| court in the matter there penSeig That
being the case, feeling as l do, and with
! the understanding that I had with eoun--
Sci this morning, that if Judge Chetlain
| admitted the other defendants to bail,
| or if anything was done, 1 would do the
| same L still say that l will remand this
defendant, and if Judge Chet1ain at Ii
o'clock Friday morning admits these
prisoners to bail I will Immediately send
IoF bea mss f Goaman = una & or "a at whatever time
is, l will admit her to bail the same as
the upper court"
Mr. Geeting-The law would require
you now to make a mittimus, and the
statute says that you must indorse on
that mittimus the amount of bail.
The Court-All right. win remand
her without bail
Mr. Geeting-That you cannot do un-
der this state of facts because the stat
ute says YOU must indorse the amount of
bail on the back of the commitments
The Court-WeN, I will remand her
without bail until Friday at 1 O'Clock,
| or shortly after, whatever Judge Chet-
| lain decides.
Capt. Colleran, chief of detectives, re-
celVed message from Chief Bull, of
Buffalo today, stating that recuisition
papers for Miss Goldman will be for
warded as soon as possible.
| G. G. Norris said today that the rea-
| son he asked Miss Goldman to come to
| his house was that he thought he would
be able to secure considerable amount
| of money from some newspaper by tip
ping" the news that she was stopping
at his residence Miss Goldman, he says.
agreed to the scheme, and was to secure
portion of the money. He corroborated
| Miss Goldman's story to Chief of Police
| ONeill that she intended to give herself
| up to the police, and claimed that their
plans for giving out the news of Miss
Goldmans arrival to a newspaper were
| frustrated by the action of the police.
BUFFALO MUST HURRY.
The Chicago police tonight have sent
urgent messages to the authorities at
Buffalo asking them to take action
which will enable the police here to hold
| the anarchists now in custody Demand
after demand has been made that either
| proof of completely in the attempted ~
sassination of the president or requisi-
tion papers be forwarded The Chicago
police say that they will not be able to
hold the anarchists after Friday morn
ing unless the Buffalo authorities IKE
some steps in the matter The only an
swer to the requests of the local officials
/ has been that letter with full partic-
ulars was on the way from Buffalo. and
finally Chief of Police ONenl + tele-