The Colorado statesman., 1906-03-24
In THR EE JA|LS
MOVER, HAYWOOD AND PETIT
BONE SEPARATED.
THEY ARE REFUSED BAIL
Guilty"-TriaI Cannot Begin Be-
fore the Middle of May.

Haywood and G.. A. Pettibone, of the
Western Federation of Miners, be sep
arated, after they had been refused
county Jail at Ada, one will go to
Weiser and the third will go elsewhere.
Judge Beatty of the United States
District Court refused to interfere with
the state courts and the defendants
will now appeal to the United States
Supreme Court.
The man arrested for Simpliins in
Arizona is not believed to be Simpkins.
Immediately after the opening of
court, Judge Smith overruled the de-
murrer tc the injunction. He then said:
In regard to the petition for bail,
l find that the Supreme Court of Idaho
has never been presented with the
question, but l also find that our stat
ute concerning this matter is copied
word for word from the statute of the
state of California.
Il therefore am guided in this rul-
ing by the opinion of the Supreme
Court of that state of the question"
The motion was overruled The three
prisoners were then requested to
stand before the bar of justice and en-
ter their pleas. Each pleaded not
guilty in the order in which their
names appeared on the Indictment
Haywood, Pettibone, Moyer
1t was then that Judge Smith sprung
a surprise upon the defendants and
their attorney.
MIR. Richardson" announced the
court, 81 have been TO considerable
personal trouble and pains to make eX-
aminations of the different jails in the
counties bordering Canyon county.
The Jail here now has within its walls
twelve prisoners. 1t is crowded. 1t is
entirely inadequate for the demands
now being made upon it, Within a
short time the county will commence
making important improvements upon
the Canyon county Jail. 1t is TO be en-
larged and strengthened. At present
| deem it unsafe, unsanitary and mex
pediest to allow your clients to remain
here. For the present, at least they
must be moved to another place of de
tention.
Il want to ask you if you and your
clients are willing that they should be
taken to the penitentiaTy at Boise to
be held until the Jail shall have been
enlarged, improved and made safe and
comfortable for their occupation"
IF your honor pleases," replied Mr..
Richardson, 81 wish to state that the
prisoners are very much pleased with
the manner in which they have been
treated since coming here and would
certainly object to a change from here
to any Jail or prison. am certain they
do not wish to go back to the peniten-
tiary, but | would not wish to answer
that question until | have consulted
with them. / think they are perfectly
satisfied to remain where they are"
ut is not question, Mr.. Richardson,
as to whether the men are satisfied
here are not. In my judgment they
must be moved. | have taken pains to
ascertain that they will be treated right
If taken to the penitentiary,' replied
The judge.
81 can not help but remark, your
honor" said Mr.. Richardson, that
Notwithstanding your intercessions
and rulings while they We're in that
institution, little benefit to the pris.
oners resulted. In view of the fact
that Warden Whitney has been quoted
as making threats as to what he would
do to my clients if they ever again
came under his control do not think
my clients would ever consent to
be taken to that prison again as long
as the present warden is in charge
Judge Smith replied: I'm my hon
est opinion, Mr. Richardson, | believe
the penitentiary would be the most
pleasant and comfortable place for
your clients to go. However, | am not
quite certain that | have the right TO
order them there.
81 think | have, but | have not had
the time to thoroughly look into the
matter and an order will be made to-
day to remove two to other places of
detention. Two of them are to be re-
moved at once. | will give You time
to consult your clients. If they will
not consent to go to the state peniten-
tiary, one of them will be transferred
to the Washington county Jail and an
other to the Ada county jail. Court will
now take recess to give you chance
to talk the matter over with the pris-
oners."
After the consultation Mr.. Richard
son said: "They are satisfied with the
Jail here and object to being taken
anywhere But as your honor has an
nounced that they will not consent to
be taken to the penitentiary, you will
see that they are separated and that
only one of them shall be allowed to
remain here. | wish to petition that
the man who is to remain be Mr.
Moyer. Mr.. Meyer has for years been
subject to asthma. Since his exchange
to the jail here he has much improved.
He is getting better. He wants to stay
here"
Mr.. Richardson" replied the court,
the Jail of Ada county is just as san
itary as the Jail here then. turning
IN tho sheriff JudPe Smith continued: