The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1906-05-31

IS NOW LIKELY
Prosecution in the Dynamite"
Cases viii Make a For
NAL Motion.
DEFENSE DEMANDS TRIAL
SIX MONTHS DELAY PROBABLE
OUTCOME.

Especial TO The Herald by J. L Priest.)
Caldwell. Ida, May SO-In spite of
the statement Of Colonel James H.
HawIey, chief counsel for the prosecu-
ton in the Meyer Haywood and Pet
tibone cases. that he himself would
make make no motion for a discontinue
ance when the session of court is re-
sumed tomorrow, it is altogether prob
able that a motion viii be made and
that the court will consider II with ia
vor there is little reason to doubt. The
formal motion will probably. unless
there is a change in plans, be made
either by ". r. Borah or County At
torney Owen NJ Van DUyn-
Onus Upon Prosecution.
The court VIII, as stated yesterday,
refuse to act afFirmatively on the sug-
gestion made by Colonel Hawley that
the court itself put the cases over with
out formal motion TO that effect.
That suggestion. It viii be remembered,
was based on the habeas corpus pro-
CeedngS in the supreme court Of the
United States and the unanimous Opin-
ion of the attorneys that all proceed
ings had prior to the determination Of
those proceedings will be null and void.
The state will be forced to make the
motion for a disCOnUinuanCe and the
onus will therefore be upon the prose-
Cution, as the defense has maneuvered
that it should be
Thus. in the question of politics that
has entered into the case. the defense
has the better of the argument. The
court refuses. to accept the responsible
ity Of a postponement, the prosecution
must assume it, And the attorneys for
the defense can make a showing that
their clients are being deprived IF their
liberty for four or five months IOngeT,
perhaps more without a trial and with
out being permitted to give bail. Al
together the situation is an interest
ing one
Another nice point is involved If.
contrary 70 present expectations, the
trials should be proceeded with and a
conviction had, the conviction would
undoubtedly he set aside by the SUI
ureme court of the nation and a new
trial ordered. If. on the other hand,
an acquittsI should result. it is doubt
full. according to some of the lawyers,
# that defendant could be tried again
\ Rights Of Defendants.
The law" said one of the attorneys
for the prosecution. is very jealous Cf
the rights of defendants. A court m a
criminal procedure might make Eiar-
ingly erroneous rulings. and 1n those
rulings a defendant might be acquitted.
ecution and the rulings of the trial
court reversed, but that would D. mere
II by way of esta bliShing rule for fu
ture guidance. The defendant could
not again be tried because he had once
been placed i'm Jeopardy In these Cy-
Mantle cases do not know that an ap-
neal would lie with the state If an &c
uuittaI should be had rs the result Of a
trial proceeded with without regard To
the habeas corpus proceedings in the
federal supreme court.
Six Months Postponement.
II the formal motion Tor a cOntllU-
anCe is made tomorrow, as is now Iudi-
Gated. and the court on the showing al
ready made concludes to grant It. the
trials will doubtless be over until the
November term Arguments on the
habeas corpus writs are scheduled TO
begin in the supreme court early in Oc-
tober. It is not regarded as at all
likely that a decision viii be handed
down before the latter part Of that
north. In the meanwhile the defend
ants will continue to occupy cells in
the Ada county jail at Boise.
All of the men were in court yester-
day. They seem to be bearing then
confinement well and none has any
complaints to make regarding the
treatment given them by Sheriff Nose
IL. Meyer in particular has improved
in health very much. He seemed, early
in the year. TO be a very sick man.
His skin was pale he was thin and his
ewes were lusterless. Now his cheeks
have filled out and he is apparently I'm
6rst-rate condition. Haywood and Pet
tfbone have not been III at all The
men are restless under their confue-
ment and they and their counsel pro-
fess to desire most earnestly a speedy
certainly
pearances count for anything. i'm no
danger of any physical collapse.
DECORATED REEDS GRAVE.