The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-09-14
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eft of counsel the court seemed TO in
cline to the belief that the police had
the right to hold the anarchists rs :.
precautionary measure, even though evil
dence was lacking to convict them of any
crime Counsel for the city admitted that
there was not enough evidence to hold the
prisoners, but pleaded in justification Of
holding them the worldwide moment
of the case.
In making his remarks to counsel the
court specifically stated that he was not
discussing the case on its merits
He said the matters for his considera-
tion were:
'First-Was the process by which the
prisoners were arrested and held rcgu-
lar?
"second-Has the justice court iuris
diction?
"Third-Has the magistrate denied a
speedy hearing to the prisoners, and
has he denied them the constitutional
right of bail?
These questions it is expected viii be
passed upon by the court following the
completion of arguments by counsel to-
morrow.
Because threats of lynching the pris-
oners made by angry citizens on the
streets this morning Judge Chetlain de-
cided to hear the habeas corpus cases
of the anarchists. in the criminal court
instead Of the county court building. The
county court building is in the town dis
trict, where bulletins telling of the Presi-
dents condition are literally posted.
The anarchists are locked up in the
jaiI lust west of the criminal court
building the two being connected by a
covered courtway. 1t is five blocks from
the county Jail to the county building
where Judge Chetlain ordinarily sits
Sheriff Magerstadt moved among the ex-
cited crowds during the morning and
heard threats of lynching freely made.
Fearink that an attack might bb made
in bringing the prisoners down town, ne
went to the judge and requested him to
make the change. Judge Chetlain readily
consented to the change
''The anger of the crowd is justifable,
said Chief of Police O'Neill. Il feel wit
them, but there will be lynching in Oh
cago. 1t is impossible. The sheri
precautions are wise. 1t has beGS
long time since | have seen
crowd as angry as this one.
The prisoners brought into coul
abraham Isaak, Abraham Isa M "
Clemens Pfuetzner, Hippolyte \
Henry Travaglio, Michael Roz.
Roznick and Morris j. Iaaxss IV4sl7Sl
Goldman was not present, but Justice
Prindiville had promised to follow what
ever decision was made by Judge Chet-
Lain.
Leopold Saltiel representing the prison
ers opened the argument asking for the
release of his clients on the ground that
they were being held without shadow OF
legal reason. Attorney Saltiel claimed,
in excited voice that all the papers in
the case were insufficient, and were is
sued under false pretense.
Judge Chetlain interrupted to say 1t
appeared to him that the case was still
a matter of justice Prindiville to settle.
The case, he said, was still pending. be-
fore the magistrate, who had agreed to
hear it September 18th. Mr.. Saltiel
thereupon launched into lengthy dis
course, to show that the upper court had
Jurisdiction Not a scintilla of evidence,
he said, had been produced to show that
the prisoners were guilty of "conspiring
to murder the President" as charged
in the complaint.
JOHn II. G6eilHSs dSSiStduI INuiSSA ~
the prisoners followed Mr.. Saltiel
When Lawyer Geeting ceased speaking.
DR.. Taylor for the city, arose and said
the only question before the court was
the adequate jurisdiction of the justice
court-that is the jurisdiction of magis-
trate Princidville. His argument was
technical, tending to uphold the author
ity of the lower court and the legality
of the official acts of Prindyille.
Every neck was craned when DR., Taylor
began to speak and interest was intense
when the lawyer said.
"Of the hypothesis of the police is COR
rect, and we believe it is, the assault
on the President was the result Of con-
spiracy embracing three States-lllinois.
Ohio and New York--and including men
whose names are not even known to the
public"
Every ear was turned in expectation
of details, but none was forthcoming. In
stead nc faced the spectators and ex-
tolled the President. He grew enthusias-
tic and asked what mattered few tech
nicl violations of the law-the incon-
Continued on Second Pags.)