The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1901-09-12

here, should be held without pail pei A.
ing decision OF the upper court in tn =
habeas corpus proceedings instituted
BY the other anarchists who are SINH
larry char ged.
The action of Justice PriudeviIIe in
holding heT without bail extends only
TO Friday Of this week. At that time
the question VIII be reconsidered AMI
the magistrate viii decide whether she
shall be held without bail or released
under bones uatil the preliminary hear
ing OF tie charge against her, which is
set for Sept. Is.
Miss Goldman appeared for hear
ing before the magistrate during the
forenoon She had not secured coun-
sci. but in a determined voice declared
attorney The assistant city prosecu-
tor. however. objected and obtained a
continuance of the hearing till Sept -,
the date set for the hearing of the
Owens. the prosecutor. stated that thu
result Of an investigation at Buffalo
was being awaited. In deciding the
case TIE court said:
While this morning ] was inclined 20
believe that the defendant mighr be en-
titled to bail. considering the cOndi-
ton that the president is now in, yet,
at that time, Of course, did not know
that there was any proceeding pend
ing or tina it was going to be taken
20 Z higher court.
"Of course, this present defendant Ia
in charge Just the same as all the rest
of them She is charged jointly with
conspiracy. OF course. it being taken
. higher court. and a superior court.
I do not feel as H. l should now take
any action which might be contrary to
the decision that would be arrived at
by the upper court, or that would in
any way influence the court in the
matter there pending.
That being the case, feeling as l
do. and with the understanding that 1
had with counsel this morning that If
Judge Cbetlain admitted the other de-
PENDANTS to bail I would do the same.
] still say that / will remand this de-
PENDANT and If Judge Chetlain at IL
o'clock Friday morning admits these
prisoners to bail, I will Immediately
send for Miss Goldman, or at what
ever time I hear of il. and will do the
same thing, that is, I will admit her
to bail the same as the upper court. "
Plea For Miss Goldman.
Lawyer Geetlng, in pleading FOR the
prisoner, said: This matter must be
disposed OF according tC the well known
rules of law When party is brought
into court charged with any criminal
offense, that party has right to an
immediate hearing Section Z, article 2.
OF the constitution OF Illinois. declares
that all persons shall be bailable by
sufficient sureties. except for capital
offense. where the proof is evident, and
the presumption great. When a per-
son is brought into court on charge,
even though It be a capital case. it
would be bailable. unless there was
some evidence given before the court
to show that the proof was evident and
the presumption great Otherwise, the
constitution would not say that ali OF
lenses are bailable, 'except'-where
there is an exception to the general
clause there it devolves upon the pros
ecution 20 prove the exception
a. "a III
does not conform with the law. because
the law requires an oral examination,
the affidavit to be based on that oral
examination. It should be upon per-
sonal knowledge as to che facts. Judge
Freeman holds that very distinctly in
the case OF White VS. Wagner, in the
Eighty-third appellate court. following
lie Lipman case in 175 Illinois. Judge
Cartright said in the Lipmsn case that
our Constitution provided that no war
rant shall issue except for probable
cause supported by affidavits in a pro-
vision TO guard against official abuse,
and that no person should be brought
into court simply on the opinlH1 or IN
founded statement OF any PEI son. but
the facts must be exhibited in the COM
plant to give the coU.t jurisdiction"
Requirements Not Complied With.
Counsel conteuded that none Of these
constitutional requirements had been
compiled with in he case of Miss Gold
man As the charge against Miss Cold
man. Conspiracy TO murder President
Mckinley" is the one lodged against
the local anarchists who are named as
co-cOnspirators with Miss Goldman,
Magistrate Prindeville 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.
Miss Goldman was represented by
Lawyers Brown. GeCtinE and Saltiel.
They were busy I'm the habeas corpus
case during the forenoon, but inter
viewed their client in time TO appear -oT
her in the hearing on the matter OF
bail
Emma Goldman, the anarchist
queen" spent a very uncomfortable
night in the woman's annex TO the
Harrison street police station last
night She ate a hearty supper last
night. but shortly afterward her head
began to ache showing the effect Of
the strain under which she had been
lahoriug all day. Peing a trained nurse
by profession. she insisted on treating
herself She wrote q prescription,
which she handed 10 Chief Matron
Keegan with a request that il be
filed.
The matron. however. declined to do
so without She sanction Of the chief OF
polk fearing that the seemingly in
noe ~ slip of paper might call for a
poison wherewith the prisoner might
do herself harm. The matron offered
her charge a dose Of headache cure.
which she herself used. Miss Goldman
refused to take IL. and spent sleepless
night In consequence.
She talked nearly the whole night to
the matron. again repeating her wonder
that so insignificant a man as Nc
kinley" should receive such Widespread
attention.
Woman Still Violent.
Her words were even more violent
than in the interviews she gave out
yesterday said the matrOp today.
she did not ask to see lawyer. say
iEg she was willing 20 take il for
granted that her friends in the city
would see that she mad proper legal 3
Eistance-"
At $3.50 o'clock Miss Goldman. LOOKING
pale but determined. appeared in JUS
tice Prindexille's court She was IN
accompanied by anyone save Matror
keegan. She looked around the room
as II expecting to see some one. bu;
as there were none Of her acquaint-
Rnces present when she faced the mag
tstrate, Assistant 'ity Prosecutor Ow-
ems old the magistrate that Chief Bull
or BJdalO I'D asked the Chicago DO
lice 10 hold Miss Goldman as long as
possible, pending the investigation they
-"