The Birmingham age-herald., 1904-04-22
Secretary Haywood Beaten Into
 InsensibiIiy by Soldiers
MOVER GOES INTO COURT
Haywood Defies the Detachment of Cavalry Which Brought Mover to the city-Turned Over
 to Sheriff.

Denver, Colo. April 21.-Presdent Moy- CT of the Western Federation of milArs. who arrived in Denver today. in custody of state troops. after several weeks in- carceration at Telluride. where martial law Is In force, in consequence of labor troubles, was taken before the state su- preme court this afternoon under the writ of habeas corpus which had been issued in his case. At the Oxford hotel he entered a hack with Gen. Sherman M Bell and Capt. Buckley Welles, the re- spondents 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 proceed ings were in progress
 Attorney General N. c. Miller and At torney John M. Waldron appeared in court for the governor and military au- thorities and Attorney E. F. Richardson in behalf of MT. Mover. Chief Justice Gabbert and Justice Steel were on the bench. Justice Campbell being absent The return to the writ presented by Attorney General Miller set forth that the petitioner, Mover is lawfully restrain ed of his liberty under and pursuant to 1 the express command of the governor and commander-in-chief of the military forces of the state of Colorado, as mili- tary necessity in the course of the sup pression of an existing state of insurrec- tion, and rebellion in the county of San Miguel, and that the court is not law fully vested with jurisdiction except to dismiss and quash the writ and that the production of the body of Mover be- fore the court is not by way of recogni- ton of the power of the court to order the release of the petitioner, but solely as an act of courtesy on the part of the chief executive of the state and out of respect to the honorable court.
 Aoyer Was qActive Participant.
 General Bells answer, in which he re- ported that all acts of the other respon- dent, Captain Weles, were performed under command of his superior officer (BelD, declared that Mover was an &C., tive participant in formenting and keep ing alive the insurrection and rebellion in San Miguel county and that 1t was nec- essary to restrain him for some time to come.
 The court heard arguments on a mo- tion of the petitioner to be admitted to bail. pending decision on the question of the courts Jurisdiction and took the
 
 MT. Mover was then removed to the hotel in custody of the military.
 Defying tre 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 conversation with the prisoner while he was being taken from the train at the union depot this morn- ing Ordered to stand back by Captain Buckley Welles, commanding the guard, h. struck the officer in the face.
 In a second he was surrounded by cordon 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 soldiers is due to the action of Bert Givens, the orderly of Captain Welles, who struck up the muzzle of gun aimed at Haywood and rescued him from his position between the cars where the guardsmen had him cornered
 Again Showed Fight
 Placed under arrest. he was put in the middle of a hollow square of militamen 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 ile 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 demand was made by Police Captain Frank Lee for the release of Haywood, on the ground that the mili- tary rule did not extend to Denver, Gen. eral Bell replied that he intended to hold Haywood as a military prisoner and would shoot any one who attempted to take him, but nevertheless under the or ders from Governor Peabody, Haywood was surrendered to Sheriff Armstrong and placed in the county jail this after noon.