The Montgomery advertiser., 1904-04-22
COURTS RIGHTS IN DOUBT
Governor Says He Obeys
 Through Courtesy Only.
Labor Leader, Who Defiss soldisrs and Attempts to Hold Converss With Prisoner, Is Rough
 ly Handled.

Denver. Col, April z.--Presfdent Charles N. Mozer of the Western Fereda- ton of Miners. who arrived in Denver to- day in custody of State troops after several weeks incarceration at Telluride. where martial law is In force in conse- ousnce of labor troubles. was taken be- fore the State Supreme Court this after tertloon under the writ of habeas corpus which had been Issued In his case.
 At the Oxford Hotel he entered hack with General Sherman M Bell and the Captain Buckley weIies. the respondents to the writ, and the vehicle was driven rapidly to the State house, followed by thirty-two armed soldiers, who guarded the entrances to the court room while the habeas corpus proceedings were in pro- gress.
 Attorney General N. C. Miller ana A. torney John M. Waldron appeared i'm court for the Governor and military au- thorities, and Attorney E. K. Richard- son in behalf of MT. Mover. Chief Justice Gabbett and Justice Steel were On the bench, Justice Campbell being absent.
 Answer of the Governor.
 The return to the writ presented by At- torney General Miller set forth that the petitioner. Mover, Is lawfully restrained of his liberty under and pursuant to the express command of the Governor and commander in chief of the military forces of the State of Colorado. as a military necessity in the course of the suppression of state of insurrectfon and rebellion in the county of San Maguei, and that the court Is not lawfully vested with Jurisdiction except to dismiss and auash the writ and that the production of the body Of Mover before the court is not by way of recognition of the power of the court to order the release of the peti- tioner. but solely as an act of courtesy on tho part of the chief executive of the State and out of respect to the honorable court.
 General Bells address in which he represented that all acts of the other respondent, Captain Welles.. were per- formed under command of his superior oflleer tBeill. declared that Meyer was an active participant in foinanfiAg ard keANinx ailse thu inaurreekfnn 4ad s0b6is Hon n san Alihusf county, ana thar Is was nsceesarx to restrain him Tor soma tif1a to come.
 The court heard arguments On a mo- ton of the petitioner to be admitted 10 bal! pending a decision on the question of the courts Jurisdiction and took the matter under advisement.
 Mover was then removed to the hotei in custody of the military.
 Agitator Defies Troops.
 Defying the detachment of cavalry which brought Mover to appear before the Supreme Court, w. D. Haywood, sec retary- treasurer of the Federation at- tempted to hold a conversation with the prisoner while he was being taken from tn" train at the union depot this morn Ing Ordered to stand back by Captain Buckley welles. commanding the guard. he struck the officer in the face.
 In a second he was surrounded by a cordon of troops who struck at him with the butts of their carbines and beat him with six shooters. That he was not killed by the excited soldiers Is due to the action of Bert Givens. the orderly of Captain Welles. who struck up the mus gle of a gun aimed at Haywood and res cued him from his perilous position be- tween the cars, where the guardsmen had hin, cornered.
 Placed under arrest. he was put in the middle of hollow square of miiitiamen and marched to the Oxford Hotel, near the depot. Here he again showed fight, and was beaten into submission. His in- juries consist 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 on the ground that the milf tary rule did not extend to Denver. Gen. erai Bell replied that he intended to hold as military prisoner and would shoot any one who attempted to teke him. but nevertheless, under orders from Governor Peabody. Haywood was to Sheriff Armstrong and placed in the county jail this evening.