The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1906-02-24
Especial to The Herald.)

NODSCidt 10 he 1eIdIO-)
Boise. Ida, Feb. 23.-The anticipated
application for writ of habeas corpus
in the cases of Meyer, Haywood and
Pettfbone was made today by E. F
Richardson and his associates in the
supreme court. After hearing brief
arguments the court ordered the writ
20 issue returnable March 1.
The application is based upon the
extradiion statute of the United
States under which offenders are au-
thOrized TO be extradited to sfbe re-
moved from state into another. This
statute is drawn to cover cases in
which a man, committing an offense in
one state, fees to the jurisdiction Of
another Mr.. Richardson claims there
Is no authority for extraditing men on a
charge Of having conspired in one state
for the commission Of an offense in
another If these men conspired in
colorado, they can be made to answer
Tor 1t in no other state. They might
be arrested and tried in Colorado, but
cannot be legally extradited to Idaho
10 stand trial on the charge. This is
the first of his points.
He states he does not expect to Sc
cure the liberation of the men at this
time, but wished simply to save the
point. He assumes the state would re-
arrest them if they were liberated on
the writ and proceed TO try them, but
| the same point would be saved
throughout the record. Richardson
VIII carry the matter to the supreme
court of the United States if he loses
here He expresses the belief that the
supreme court of the United States will
eventually order their release, and the
| thought is suggested that this is the
pivot of the case of the defense.
Is Fine Question.
It is admitted by all attorneys the
question is a nice one, but it is held by
the prosecution, under the law of this
state, which makes the accessory a
| principal, the extradition will stand.
! One attorney Of ability suggested when
asked about the matter, that the point
could not be successfully raised at this
time for the reason that the defense
/ does not yet know what the state will
attempt to prove against them. The
! point is one that could properly be
raised only at the trial after the state
had failed to show that these men had
committed the direct offense in this
state. Another point is that some of
the men are charged with having been
/ with Orchard in this state. In that
event they may be successfully charged
with having conspired in this state.
Another point upon which none of
/ the lawyers profess to be able to speak
| positively is as to what the status OF
/ these men would be if the state su-
preme court or the United States su-
/ preme court should order their release.
Richardson states that no such case
| has ever arisen. He calls it a con-
| spiracy between two governors. He
| advances no theory as to what the le-
| gal rights of the men would be, but he
! assumes the state would rearrest the
men on indictment by the grand jury
/ if they should be released now, or at
/ any time before trial. Opinion differs
widely. BY some 1t is thought they
would have to be restored to their orig
| inal status. The state, however, would
| claim and assert the right to take them
into custody Immediately.
| Richardson will leave for Denver to-
morrow. In the morning the men will
be taken to Caldwell again to go
through the formality of continuance
of the preliminary hearing.
James MCFARLAND, the detective, re-
| turned this evening. He states he has
nothing whatever to give out. More
| over he saws he has not made state
ments attributed to him beyond some
| of a general character. He states there
is no doubt of the sufficiency of the ev-
idence and that there is abundance of
| a cOrrOborative character. Mr.. Nc
Parland says he may or may not go
before the grand jury, but the evidence
will be given to that body by others if
| he does not appear himself
| Attorneys Richardson, Miller. Nugent
| and Moore went to the state penitentiary
/ this morning and asked to see these pris-
| Oners and Harry Orchard. They saw
/ all of the men except Orchard. who sent
out word that he did not care to see
them. Tt was stated that Orchard was
| sick. but no physician has been called
| for him and il is inferred that this was a
! ruse TO keep the lawyers away from
! Orchard. Attorney Richardson entered
vigorous protest against the prisoners
being confined under the rules governing
! convicts.
It is stated that important evidence has
been secured by detectives who have
learned the cipher code used by the
Western Federation of Miners in tele-
grams and letters