The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1906-03-15
ST. JOHNS SMILE
>SOOH FADED AWAY
Released on Writ of Habeas Corpus,
He Was Immediately Arrested
on Murder Charge.
COLORADO SHFRlFF THERE
OTHER CASES GO TO HIGHEST
COURT.

Especial to The Herald from Staff Cor
respOndent)
Boise, Ida, March 1.-THE defense in
the dynamite cases scored its first vic
tory today when Judge Stewart, in the
district court, ordered the release of
Vincent st. John on a writ of habeas
corpus. The defendant was Immediately
rearrested by Sheriff Nichols OF Canyon
county on a charge of assisting in the
murder of Ex-Governor Steunenberg and
the victory was, therefore, only a tech
meal one. Still the attorneys for the de-
Tense did not conceal their qualification
over Judge Stewards decision.
The court held that the only real ques-
ton before the court was as to whether
or not the defendant had been deprived
of his liberty beyond the statutory period
of six days. The complaint and the war
rant on which he was arrested were
regular enough, but there was nothing
in the record to show that the prisoner
or his counsel had agreed to be detained
pending action by the grand jury.
Opinion of the Court.
My opinion is" Judge Stewart went
on. that since the second day of March
this defendant has been held without
authority OF law It is idle to talk about
what the grand jury may or may not
do in his case With that this court
has nothing whatever to do The sole
question is as To the legality or illegal
ity of the defendants detention. On this
point the court is not in doubt. I may
say that the argument of the pTosecut-
Ing that the prisoner had recourse in
mandamus proceedings was trivial. It
failed to impress the court. The defend
ant will be discharged from custody and
his attorneys may draw on order in con-
formity with this ruling"
Smile Soon Faded.
St. John. who was in court with his
attorneys. smiled when the purpOrt OF
the decision was made clear He did not
see Sheriff Nichols edging around be-
hind him. Neither did he see the two
PinkertOn men who stood with their
backs against the court room door.
The moment court adjourned the pris-
oner was surrounded and the warrant
read to him. The smile faded from his
countenance and he was chewing a tooth
PICK nerVOusly as he was led aWay Later
In the afternoon. his wrists heavily man
acled, St. John was taken to Caldwell
for arraignment before the probate Judge.
The grand pury which, it was reported.
would vote on the indictment of St
John this afternoon, failed to fndict him.
as was anticipated.
Requisition Honored.
Sheriff Rutan of Telluride. San Miguel
county. Colorado arrived in Boise this
afternoon accompanied by Deputy Sheriff
Medium. He went at once to c,overn,oor
Gooding and presented the reQuisitfoD
papers issued by Governor Mcdonald of
Colorado The reQuisitiOn was hOnored
and Sheriff Rutan viii go to Caldwell for
his man tomorrow morning. Tt is not at
all probable that St. John will be even
arraigned at Caldwell, the purpose of the
rearrest being merely to hold him for the
Colorado officers.
Goes to Highest Tribunal.
The cases of Meyer. Haywood and Pet
ubone viii go straight from the supreme
court of Idaho to the supreme court of
the United states on a writ of error. the
filed and granted. As habeas corpus
proceedings take precedence of everything
else. the attorneys for the defense hone
and expect a Ndecision from the highest
tribunal at the May term of that court.
VIII Not Act as Stay.
Meanwhile it is said the appeal Will not
act as a stay cf proceedings in the Idaho
courts. It was said by one of the attor-
neyS for the defense this afternoon that
i was their desire TO try the cases on
their merits. On Friday the defendants
will be arraigned before Judge Smith at
Caldwell and given an opportunity to
plead to the indictments. A motion will
be made to Quash them on various
grounds, the chief one being prejudice on
the part of the grand jury. This motion
will undoubtedly be OverTUled and a date
set for the trials to begin.
Ready for Trial.
The next term of the Canyon county
district court begins the latter part Of
April. Both prosecution and defense de
clare they will be ready at any time fixed
by the court. 1t is expected, therefore
that the first case will be set for a day
early N May. J. L. PRIEST