The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-09-12
Lawyer Geeting, in pleading for the

Lawyer Geeting, in pleading for the
prisoner, said:
This matter must be disposed Of ac-
cording to wellknown rules of law.
When a party is brought into court
charged with an criminal offense, that
party has a right to an immediate hear
ing. Section Z, article of the Constitu-
tion Of Illinois declares that all persons
shall be bailable by sufficient sureties,
except for capital offense, where proof is
evident and the presumption great. In
this case, the affidavit filed does not
conform with the law, because the law
requires an oral examination, the aff-
davit to be based ON that oral examina-
tion. 1t should be upon personal knowl-
edge as to the facts.
Counsel then contended that none of
these Constitutional requirements had
been complied with in the case of Miss
Goldman.
In deciding the case Magistrate Prindi-
vile said he did not want to take any
action which might be contrary to the
decision to be arrived at by the upper
court, and said he would admit Miss
Goldman to bail if Judge Chetlain ad-
mltted the other prisoners to bail. At
torney Geeting protested, insisting that
under the law the amount of bail should
be Endorsed on the commitment
Miss Goldman appeared in court at
$3.50 a. m. under eseort of Matron Kee-
gan. She seemed surprised that no law
yer was there to fake up her defense.
and glanced uneasilY about the room, full
of uncouth prisoners and curious scpecta-
tors. She asked for lawyers Saltiel and
Browne They were not in court and
Justice Prindiville said he would wait a
reasonable time for them to appear.
Although the telephone was kept busy.
an hour elapsed and the lawyers were
still absent. Chief of detectives Colleran
then demanded that the hearing should
| proceed. 1t took only a few minutes
and then Miss Goldman was led back to
her room in the women's annex She
looked tired and nervous. When Prosecu-
tor Owens repeated the charge against
her. She flushed and then smiled
When the defendant was escorted back
! to the court room Justice Prindiville said
| to her:
Your lawyers do not seem to be in
| clined to come"
Miss Goldman: 81 learn that they are
| very busy with the other cases, so we viii
| leave it, 1t doesn't matter. l can take
| charge of the case myself
| Prosecutor Owens: Il renew my motion
| to continue the case until the 18th and
! that she be held without bail"
Miss Goldman demanded hearing arti
| asked that she be admitted to bail
The court Ito Mr. Owens): "Why do
you want continuance?"
| Owens: "The absence of material wit
| nesses. l propose to show that Emma
| Goldman conspired together with the 9TH
| er nine defendants to assassinate Presi-
| dent Mckinley, and until such time as
| we receive further information from Buff
| falo, l ask that your honor continue this
case until the 10Th, together with all the
| other defendants. She is charged with
! conspiracy to kill and if President Nc
| Kinley dies she will be an accessory be-
| fore the fact and the principal. and will
| be just as guilty as Czolgosz. 1t is a
| capital oifense and | do not think the Of
| fense is bailable under the circumstances
of the case"
The court ''Well, will continue It un-
! til the 18TH What have you to say about
| the bail part Of it, Miss Goldman"
Miss Goldman II want to be put under
| bail as l asked because I believe the
case is a trumped up charge and has no
| evidence whatsoever"
| Ovens ''Your honor, all the other de-
| fendants were committed without bail,
| ard if there is any guilt Emma Goldman
| is the arch conspirator. She is not enti-
| tied to any bail under the circumstances =
After some further discussin, the court
| continued the case and held the question
of bail open until afternoon, when bail
| was refused
Chicago Ill.,, Sept 11.-Captain Colleran
! has received a message from Chief Bull,
of Buffalo, stating that the requisition pa
| pers for Miss Goldman will be forwarded
| as soon as possible.