Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-03-09
MOVER FILES HIS ANSWER
officials Of Miners Federation Imprisoned in
Idaho Allegs Illegal Arrest,
SAY THEY WERE KIDNAPPED IN DENVER
Charge that Extradition L. Result
81 Conspiracy Among OmciaIs
of Colorado and
Idaho.

Meyer. William d. Haywood and George +.
Pettibone have filed their answers in the
supreme court to the return made by War
den Whitney of the penitentisry i'm the ha-
beas corpus proceedings They are prac-
tically indentical. although in some minor
details, respecting the movements of the
accused during some months prior to the
murder OF which they are accused, they diff
fer. Meyer, in his answer, after covering
a number of minor points, says he was on
February II citizen and resident OF Dem
yer. and had been for four years; that he
had not prior to the acts hereinafter set
forth been in the state Of Idaho, nor in
any part thereof prior thereto, since or
about October % 1895
That on or about October 2S. 1905 your
petitioner entered Idaho from the state OF
Oregon on railway train and remained I'm
a car of said train until the town of Nampa,
in said state of Idaho, was reached; that
thereupon he changed oars ana vas imme-
dlately carried I'm car to a point south Of
Nampa in the direction Of Silver City; that
az the end OF the route he took stage TO
Silver City, attended a lodge meeting of
the organization OF which your petitioner
is a member, known as the local union of
the western Federation OF Miners; that he
remained in Silver City overnight and dur
ing the following day he was in Silver City
and attended a similar lodge meeting in a
small town i'm the immediate vicinity Of
Silver City, and the next morning returned
to Nampa, and there entered car of
train going east which took him with all
due dispatch from the state of Idaho; that
prior to said time he had not been in the
state of Idaho for a period of more than
three years
Not I'm Idaho December 10.
Proceeding the answer states he was not
I'm Caldwell at the time Of the assassina-
ton of Frank Steunenberg. 1t recites the
issuing of the warrant on February y for
I, &c ocf nd 10. Of Al
ton papers on February 10. Meyer states
that Governor Gooding. j. II. Hawley and
owen VanDuyn. the county attorney. knew
he was not in Idaho on December 30, the
date of the assassination. Continuing, the
answer alleges that Governor Gooding, Mr..
HawIey and Mr. YanDuyn conspired to-
gether and with other persons unknown to
secure his arrest and removal from Colo
RADIO in violation Of the constitution and
the statute of congress on eNtradition;
that i'm pursuance Of this conspiracy Haw-
ley went to Denver on February 10 with
Deputy Warden Mills for the purpose of
KIDNAPPING him and removing him from
Colorado in defiance OF the constitution and
laws. There they Consplred with the gov
ernor of Colorado 10 cause him to be
secretly arrested. Under the circumstances,
which would make it impossible for him to
test the validity OF the extradition, they
agreed that the arrest should be made late
Saturday evening, February Il. and that he
be secretly removed from the state. Meyer
further alleges this was TO prevent his
friends from learning of his arrest and be
thus prevented from suing out writ of
habeas corpus. When friends heard of the
arrest they inquired OF the authorities at
the Jail and were informed no such arrests
had been made -'c
Alleges Proceedings Are Illegal.
1t is charged thatrJhe proceedings were
taken in the manner set forth to prevent
the defendant froni1esting the legality of
the extraditions This is i'm support of the
claim that man cannot be eXtradited for
having conspired in another state TO COM
init a crime in the state to which 1t is
sought to have him removed; that he must
actually have been in the state when the
crime was committed and become fugi-
| tive therefrom. The proceedings since the
arrival of the accused men in Idaho are
| set forth and 1t is again alleged that the
| governor of this state knew that the de-
\ PENDANT was not in the state at the time
of the commission of he crime 1t is al
legged the arrest is in violation of the
! fourth NTH and fourteenth amendments
| of the United States constitution, and in
| violation OF sections S,rlS and II OF the con-
| stitution of this state, covering the per-
sonaI rights OF the individual in such mat
| tiers.
The hsbeas corpus will be argued In the
supreme court tomorrow. h. r. Richard
son of Denver has come to appear for the
| defendants.
Prisoners Not Taken to Caldwell.
| CALDWELL, Idaho, March Sowing to
a misunderstanding between Sheriff j. C.
Nichols of this county and Warden j. NJ,
Whittier OF the state penitentiary, the prls-
oners under Indictment in connection with
| the assassination OF Ex-Governor Steunen-
berg were not brought to Caldwell this
morning for arraignment The van from
the state prison did not arrive in time for
the train. 1t is stated that special train
this afternoon will bring Charles b. Meyer,
William Haywood and George A. Pettibone
to Caldwell. Harry Orchard, it is stated
will be brought here for arraignment at a
later date
The grand jury will remain in session here
until the validity of its indictments can be
passed upon by the court. 1t Is stated that
after the reading OF the indictments counsel
representing the accused members of the
Western Federation OF Miners will ask for
the quashing of the indictments before the
prisoners enter their pleas.