The San Francisco call., 1904-04-22

LEN ' Elk, April 21.-Defylng the de-
tachment of cavalry which brought
Charles H. Meyer from Telluride to ap-
pear before the Supreme Court, w. D.
Haywood. secretary treasurer of the
Federation of Miners, attempted to
hold conversation with the prisoner
while he was being taken from the train
at the Union station this morning. Or
dered to stand back by Captain Wells,
commanding the guard. Haywood
struck the officer in the face. In a
second he was surrounded by Gordon
of angry troopers, who struck at him
with the butts of their carbines and
beat him with six shooters That he
was not killed by the excited soldiery
is due to the action of Bert Givens,
the orderly of Captain Wells, who
struck up the nuzzie of gun aimed
al Haywood and rescued him from his
position between two cars, where the
guardsmen had him cornered. Placed
under arrest, he was put IN the middle
of hollow square of militiamen and
marched to the Oxford Hotel, near the
depot. Here he again showed fight and
was beaten into submission. His i'm
juries consisted of a deep cut on the
left side of the head and one on the
right side of his head. which almost
severed the lower lobe of his right ear.
When a demand was made by Police
Captain Frank Lee for the release. of
Haywood on the ground that the mill
tary rule did not extend to Denver
General Bell replied that he intended
Ia1I VlpiS
oners and would shoot any one who
attempted to take him, but neyerthe-
less, under orders from Governor Pea
body, Haywood was surrendered to
Sheriff Armstrong and placed in the
county Jail this afternoon
COPLEY SUMMONED.
A telegram was sent to d. C.. Copley,
member of the executive board of
the Western Federation Of Miners, who
isAin Kansas, requesting him to come
to Denver and take charge at feder-
alton headquarters.
The president of the Western FEEDER
alton of Miners, who arrived in Denver
to-day in custody of State troops after
several weeks incarceration at Tellu-
ride, where martial law is in force in
consequence Of labor troubles, was TAX
en- before the State Supreme Court this
afternoon under a writ of habeas cor
pus which had been issued in his case.
At the oxford Hotel he entered a hack
with General sherman NJ Bell and
Captain Bulkeley Wells. the respond
ents to the writ. and the vehicle was
driven rapidly to the State House, fol-
lowed by thirty-two armed soldiers,
~, 2 10
courtroom while the habeas corpus pro-
ceedings were in progress.
Attorney General Miller and Attorney
John NJ Waldron appeared in the court
for the Governor and military author
ity, and Attorney e. F, Richardson in
behalf of Mr.. Meyer. Chief Justice Cab
bert, and Justice Steele Were on the
bench, Justice Campbell being absent.
The return to the writ presented by
Attorney General Miller sets forth that
the petitioner, Meyer, is lawfully re-
strained of his liberty under and pur
suant to the express command of the
Governor and commander in chief of
the military forces of the State of Colo
raGo as a military necessity in the
course of the suppression of an existing
state of insurrection and rebellion in
the county of San Miguel. and that this
honorable court is not lawfully vested
with jurisdiction TO make or render any
further order whatsoever in said pro-
ceedings except to dismiss and quash
said writ. and that the production of
the body of the said Meyer before this
honorable court on this, the return day
of said writ, is not by way of recogni-
ton of the said court to order the re-
lease of said petitioner, but solely as
an act of courtesy on the part of the
chief executive of the State and out of
respect to this honorable court to con-
form to the mandate of said writ to the
extent only of duly advising the court
of the cause of the detention of said
petitioner. Charles H. Meyer.
BELL FILES ANSWER.
General Bells answer, in which he
represented that all acts of the other
respondent, Captain Bulkeley Wells,
were performed under commands of his
superior officer (BelD, declared that
Meyer was an active participant in
fomenting and keeping alive the insur-
rection and rebellion in San Miguel
County, and that it was necessary to
restrain him for some time to come.
Bell further represented that he had
been ordered by the Governor not to re-
lease Meyer, either upon writ of habeas
corpus or otherwise, until so command
ed by the Governor.
The court heard the arguments on
motion of the petitioner to be admitted
to bail pending a decision on the ques-
ton of the courts jurisdiction, and took
the matter under advisement.
Meyer was then removed to the hotel
in custody of the military.