The Montgomery advertiser., 1901-09-12

|, Chicago Sept. 11--Magistrate Prindfviflt 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 Prindiviilt extends only to Friday of this week. Al that time the question will be recon. sidcred and the Magistrate will decide whether she shall be held without ball or released under bond until the prelimi. nary hearing of the charges against her which Is set for September I9.
 Miss Goldman had not secured counsel but in determined voice declared that she was ready to act as her own attor- ney. The assistant city prosecutor, how. ever. obtained a continuance of the hear ing until September IS, the date set for the hearing of other anarchists In custody here. Mir. Owens, the prosecutor. stated that the result of an Investigation al Buffalo was being awaited.
 The court postponed its decision in the matter of bail later in the day. Judge Chetlain. in the Supreme 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 President Mo- kiniey," is the one lodged against the local anarchists, who are named as CO., conspirators with Miss Goldman, Magis- trate Prindiville thought it wise to await the decision of the higher court.
 Would Follow Judge Chetlain.
 He said it would not be necessary for counsel to apply for writ for Miss Gold man, as he would deal exactly with Miss Goldman as Judge Chetlain did with the other prisoners. Miss Goldman was rep- resented by lawyers Brown. Cooling and Saltiel They were busy in the habeas corpus case during the forenoon, but in- terviewed their client in time to appear for her hearing in the matter of bail. Lawyer Cooling in pleading for the prisoner said:
 This matter must be disposed of &C., cording to the well known rules of law. charged with any criminal offensc, that person has right to an immediate hear~ ing. Section [. AFticle II. of the Constt- su.ion .so of llincig N declares that all per ties, except Tor a capital oftense. where the proof is evident. and the presumption great. When. person ie brought int1 capital case. 1t kouid In. De baiIsbls unless there was some evidence given before thu court to show that the proof was evident and and the presumption great othsrHiss a aS offenses are bailable. 'Ex;ept: Where there is an exception to the general clause. 1t devolves upon the prosecution to prove that exception. In this case the affidavit filed here does not conform with the law, because the law requires an oral examinaticn the affidavit to .Ie based Hn that oral examination. It should be on rorQ0npl kn0vvladUa fO the flRf0.H
 Prindiville's Decision.
 Tn deciding the case the court said: While this morning I was inclined to believe that the defendant rnighs be en- titled to bail. considering the condition that the President s now in. yet at that time. of course, I did not know that there was any proceeding pendIa9, or that 1t was going to be taken O a higher 0ouEt. Of course thts present defendant Is in charge just the same ae all the them in conspiracy. l do not feel as If I should now take any action which might he contrary to the decision that would be arrived at hy the upper court, court in the matter there pending. That being the case. feeling as do, and with the understanding that had with coun- sel this morning that if Jndge chstiain ha,5 m if anything was done, l would do the same, I still say that I will remand this defendant. and if Judge Chetlaif1 at II prisoners to bail, will immediately send for Miss Goldman, or at wh1tever time I hear of 1t, and will do the same; that Is. will admit her to bail. the same as the upper court.
 Miss Goldman Arraigned.
 Miss Goldman appeared in court at s;SO a. m under the escort of Matron kee- gun. She seemed surprised that no law yer was there to take up her defense and glanced uneasily about the room run tors. She asked for Lawyers Saltiel and Brown, both of whom have been engaged in doing legal work of the local anarch- in court, and Justice Prindeville said he would wait a reasonable time for them to appear
 an hour elapsed and the lawyers were still absent. Chief of Detectives Colleran then demanded that the hearing proceed. It took only a few minutes and then Miss Goldman was led back to her room in the womans annex.
 She looked worn and there were svt- dences of nervousness in her manner. She was dressed as she was yesterday, in a shirtwaist and blue walking skirt. -
 When Prosecutor Owens repeated the charge against her, she flushed and then smiled.
 "I asked the Chief of Police last night to have Lawyer Leopold Saltiel engaged for me-" she said to an Associated Press reporter DeIOre leaFlnS tne court room. 'I guess he must have forgotten it. I expected my friends would have been busy in my behalf, forgetting that most of them have been locked up in this na- tion-wide drag net which the police have flung out"
 A Sleepless Night.
 Miss Goldman spent a very uncomfort- able night in the woman's annex to the Harrison Street police station last night.
 She ate hearty supper last night, but shortly afterward her head began to ache. showing the effect of the strain under which she had been laboring all day. Being a trained nurse herself, she insisted on treating herself. She wrote Matron Keegan with request that it be filled. The matrOn, however. declined to do so without the sanction of the | Chief of Police fearing that the seem ingly innocent slip of paper might call l for a poison wherewith the prisoner | might do herself harm.
 The matron offered her charge a dose | of a headache cure which she herself | used, but Miss Goldman refused to take | it, and spent a sleepless night in cOnse- quence. She talked nearly the whole night to the matron, again and again | a man as Mckinley should receive such attentiCn.
 Her words were even more violent | than in the interview she gave out yes ttIdsy," said the matrou today. She did not ask to ee a lawyer, saying she was willing to take 1t for .sranted that her friends in the city would give her the proper legal assistance"
 At 9:3O a. m. Miss Goldman, looking pale but determiL ed appeared in Justice court. She was unaccom-