The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-09-12
Her Formal Hearing Postponed by Justice
PrindiviIIe Until Next Thursday.
Bail Question Will Be Ruled On After Decision Is
Rendered i'm Other Cases-BuffaIo Author
tiles to Demand Her Extradition.

CHICAGO, Sept. n.-Magistrate Prindi-
vile this afternoon decided that Emma
Goldman, the Anarchist lecturer under ar
rest here, should be held without bail pend
ing the decision of similar cases in the
upper court. The action of Justice Prindi-
vile in holding her without bail extends to
Friday of this week. At that time the
question will be considered and the magis-
trate will decide whether she shall be held
without bail or released under bonds until
the preliminary hearing of the charge
against her, which is set for Sept. 19
Miss Goldman appeared for hearing be-
fore the magistrate during the forenoon.
She had not secured counsel. but in a de-
termined voice declared that she was ready
TO act as her own attorney. The assistant
city prosecutor, however, obtained a contin-
uance of the hearing till Sept. 10. the date
set for the hearing of other Anarchists in
custody here Mr.. Owens, the prosecutor,
stated that the result of an investigation at
Buffalo was being awaited.
The court postponed its decision in the
matter of bail, which Miss Goldman de-
manded the privilege of furnishing, until
later in the day. While waiting, Judge
Chetlain in the 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 muir
der 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 higher court. He
said it would not be necessary for counsel to
apply for writ for Miss Goldman. as he
would deal exactly with Miss Goldman as
Judge Chetlain did with the other prisoners.
HER COUNSELS PLEA.
Miss Goldman was represented by Law
yers Brown. Geeting and Saltiel They were
busy in the habeas corpus case during the
forenoon, but interviewed their client in
time to appear for her in the matter of
the bail. Lawyer Geeting, in pleading for
the prisoner said:
This matter must be disposed of accord
ing to the welI-known rules of law. When
a party is brought into court with any
criminal offense that party has a right to
an immediate hearing. Section Z, Article ?
of the Constitution of IlliOnis declares that
all persons shall be bailable by sufficient
sureties, except 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 il be a
capital case, il would be bailable unless
there was some testimony given before the
court to show that 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 general clause il de-
wolves upon the prosecution to prove that
exception. In this case the affidavit filed
here does not conform with the law. be-
cause the law requires an oral examination.
1t should be upon personal knowledge as
to the facts. Judge Freeman holds that
very distnctively in the case of White VS..
Wagner, in the SD Appellate Court, follow
ing the Lipman case i'm the 175th Illinois.
Judge Cartright said in the Lipman case
that in our constitutional provision that no
warrant shall issue except for probable
cause supported by affidavits is A provision
to guard against official abuse, and that
no person should be brought into court
simply on the opinion unfounded state
ment Of any person, but the facts must be
exhibited in the complaint 10 give the court
Jurisdiction. That is "A provision of the
Constitution which all sworn to
support and the ignoring of which is a de-
NAL of the right of government TO guaran-
tee the rights OF the citizen"
Counsel then contended that none Of these
constitutional requirements had been COM
piled with in the case Of Miss Goldman
THE JUSTICES RULING.
In deciding the case the court said:
while this morning l was inclined Ia
believe that the defendant might be en-
titled 10 bail. considering the condition
that the President is now in. yet at that
time. of course, / did not know that there
was any proceeding pending, that il
was going TO be taken 10 a higher court.
OF COURSE this present defendant In in