The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1901-09-12
EMMA GOLDMAN DEFIANT:
Is HELD WITHOUT BAIL
Female Leader Of Anarchy Has Hearing in Court
in Chicago
Passed SeepleSs Night But Was Even More Violent in
Her Talk Than When Arrested.

Chicago. Sept 1t.--Nlagistrate Prinde-
Vile today said that Emma Goldman,
the anarchist lecturer under arrest
here. should be held without bail pend
ing decision Of the upper court in tn >
habeas corpus proceedings Instituted
by the other anarchists who are SINH
larry charged.
The action Of Justice Prindeviue in
holding her without bail extends only
to Friday Of this week. At that time
the question will be reconsidered and
the magistrate will decide whether she
shall be held without bail or released
under bonds until the preliminary hear
ing ct the charge against her, which is
set for Sept. 19.
Miss Goldman appeared for a hear
ing before the magistrate during the
forenoon. She had not secured coun-
sci, but in determined voice declared
that she was ready 10 act as her own
attorney. The assistant city prOsecu-
tor, however. objected and obtained
continuance OF the hearing sil Sept. -,
the date set for the hearing of the
other anarchists in custody mere. NJ.
Owens. the prosecutor. stated that the
result Of an investigation at Buffalo
was being awaited. In deciding the
case the court said:
While this morning I was inclined to
believe that the defendant might be en-
titled to bail, considering the condi-
tion that the president is now in, yet,
at that time, Of course, l did not know
that there was any proceeding pend
ing or that it was going to be taken
to a higher court.
"Of course. this present defendant "a
In charge just the same as all the rest
of them She is charged jointly with
conspiracy. OF course. IL being taken
70 higher court, and a superior court,
Go not feel as If 1 should now take
any action which might be contrary to
he ed a
by the upper court, or that would in
any way influence the court in the
matter there pending.
That being the case. feeling as
do. as-j with the understanding that I
had with counsel this morning that If
Judge Chetlain admitted the other de-
PENDANTS to bail I would do the same.
] sJill say that 1 will remand this de-
PENDANT and il Judge CheGain at II
o'clock Friday morning admits these
prisoners to bail, I will Immediately
send for Miss Goldman, or at what
ever time I hear of it. 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 Geeting. in pleading for the
prisoner. said: This matter must be
disposed Of according to the we'll known
rules of law. When a party is brought
into court charged with any criminal
OffenSe. that party has right to an
Of the constitution OF Illinois. declares
that all persons shall be bailabls by
sufficient suretieS. except for capital
offense, where the proof is evident, and
the prescumptiSn great. When a per-
son is brought into court on a charge,
even though it be a capital case, il
would be bailable. unless there was
some evidence given before the court
u show that the proof was evident and
the presumption great. Otherwise. the
constitution would not say that all Of
lenses are bailable. 'excepf-where
there is an exception to the general
clause there II devolves upon the pros
ecutiOn to prove the exception.
'In this case the affidavit fled here
does not conform with the law because
the law requires an oral examination,
the affidavit to be based on that oral
examination. II should be upon per-
sonal knowledge as to the facts Judge
Freeman holds that very distinctly in
the case OF White VS.. Wagner, in the
Eighty-third appellate court, following
the Lipman case In I75 Illinois, Judge
CaTtright said in the Lipman case that
our constitution provided that no wan
rant shall issue except for PROBABLE
cause supported By affidavits in a pro
vision 10 guard against official abuse.
and that no person should be brought
into court simply on the opinion or un-
founded statement Of any person. but
the facts must be exhibited in the COM
plant to give the court jurisdiction"
Requirements Not Complied With.
Counsel contended that none of these
constitutional requirements had been
complied with in the case OF Miss Gold
man As the charge against Miss Gold
man. Conspiracy to murder President
Mckinley" IS the one lodged against
the local anarchists who are named rs
Co-conspirators with Miss Goldman.
Magistrate Prindeville thought it wise
to await the decision Of the higher
court.
ia a. -.-o..,a 49,. - .,..,.<..s-o.,-.- g.
counsel to Apply for a writ for Miss
Goldman. as he would deal exactly with
Miss Goldman as Judge Chetiain did
with the other prisoners.
Miss Goldman was represented by
Lawyers Brown. Geeting and Saitiel.
They were busy in the habeas corpus
case during the forenoon. but inter
viewed their client in time 20 appear for
her in the hearing on the matter of
baii.
Emma Goldman, the anarchist
queen" spent a very uncOmfOrtab bic
night in the woman's annex TO the
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
laboring all day. Being trained nurse
by profession, she insisted on treating
herself. She wrOts \ prescription.
which SIC handed To Chief Matron
keegan, with request that 1t be
uiteus
The matron, however declined to do
80 without the sanction Of the chief OF
police. fearing that the seemingly in
nocent slip OF paper might call for a
poison wherewith tae prisoner might
do her.elf harm. The matrcu offered
her charge dose OF headache cure.
which she herself used. Hiss Goldman
refused TO take 10. and spent sIeepless
night In Consequence.
She talked nearly the whole night to
TN matrOn. again repeating her wonder
that so insignificant a man as Nc
kinley' should receive such Widespread
after ton
Woman Still Violent.
.aer words were even more violent
than in the interviews she gave out
yesterday said the matron today.
she did not ask 10 see lawyer. saw
ing she was willing 10 take it for
granted that her friends in the city
would see that she had proper legal as
EistanCe"
At $3.50 o'clock Miss Goldman. looking
pale rat determined. epr Jared il Jus
tice Prindeyilie's court Size Was IN
accompanied by anyone save Nislron
keesan. She looked around the rSon
as y expecting TO sec some one. out