The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1906-03-10

crime. The prosecuting attorney knew
that these men were not in Idaho at
the time the crime was committed, and
he swOre falsely when he swOTe to
these complaints. The probate judge
falsely certified the complaints to the
governor of Idaho. The governor knew
the certification was false, and he and
other eminent counsel proceeded under
it, Knowing the defendants could not
lawfully be brought to Idaho these Of
ficials secretly and clandestinely con-
spired and confederated to interfere
with the liberty of citizens of Colo
rado."
Used Strong Language.
Mr. Richardson spoke of the mid
night removal OF the men, their ina
btlity to employ counsel through lack
of opportunity and their subsequent
Indictment by grand jury before their
application for a writ of habeas cor
pus here could be determined
IF this is legal" said he, with great
earnestness, the constitution is a
myth and the statute is a plaything
for governors"
The speaker denied that the men
could be rearrested if the habeas cor
pUs writ was issued, stating that the
court had the power to order every
officer in Idaho to keep his hands of
turned to the state whence they came.
Concluding, he said:
Let the governors of these states
be taught to perform their duties in
the broad light of day. Permit them
not to go about like n1arauders at
night as servants OF the people, not
as their masters"
Plea of Mr.. Borah.
We. Borah, who made his first pub
| lie appearance in the cases TODAY,
! closed for the prosecution. Mr.. Borah
/ considered the question a most fmpor-
/ tant one but he followed closely Mr..
/ Hawley's contention that the principal
question was not as to how the men
were brought to Idaho, but whether or
/ not they We're IN the jurisdiction Of the
| court. Are they here?" Mr.. Borah
asked.
The three defendants were lined Up
| on the west side Of the court room lis
/ tening with great interest. When Mr..
BOrah asked his question, they looked
at each other and smiled broadly. They
were there all right enough. During
the process of his remarks Mr.. Borah
said almost in so many words that the
reason the defendants were not given
| an opportunity to sue out writs of ha-
| beas corpus in Colorado. was that the
! prosecution feared the Writs might be
] SIdul6us ne uGICIlQeu- lUS Oh EDo
county prosecutor upon the ground that
it was necessary under the Idaho stat
/ utes to charge the actual presence Of
all concerned in any crime. "In the
eyes of the law" he finished. every
| one of these men was bodily present"
Decision Reserved.
The justices consulted for few mo-
ments without leaving the bench, and
then Chief Justice Stockslager an
nounced that the decision would be re-
served until Monday. The court room,
which seats perhaps a hundred people,
was well filled. but not packed, not
withstanding the fact it was generally
known that the defendants would be-
present.
No one is willing to venture a Dredic-
ton as TO the outcome of the case. The
attorneys for both sides. though IN
willing to be quoted, profess to believe
that the court will hold with them. And
the court is unquestionably very much
puzzled.
Will Plead Next Friday.
Meyer, Haywood and Pettibone were
arraigned before Judge Smith at CaId-
we'll this morning. They entered no
plea, having decided to wait until next
Friday morning at 10 o'clock to an
swer to the charge. As has already
been told, the men were indicted joint
Continued on Page 2.