Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-02-24
WRIT OF HABEAS
CORPUS FOR MOYER
Idaho Supreme Court Issues One
for Him. Haywood and
Pettbone.
MADE RETURNABLE MARCH |.
,,nII,ation Is Based Upon the Extra
dition statute Of the United
States.

soise. Ida, Feb. 23.-The supreme
oourt late this afternoon issued q writ
ofbabels corpus In the cases of Meyer,
HAYWOOD and Pettibone, accused Of the
rurder Of former Gov. Steunnnberg, The
writ IL made returnable on March /, at
which time return Will be made and
time set for hearing.
Atty. Richardson, representing the
.a1eers Of the Western Federation OF
Miners, presented the petition for the
writ.
The application for writ is based
mon the extradition statute OF the
United States. That Is the real point,
though many violations OF the cOnstl-
tuition of the state and the Constitution
M the United States are alleged. Tho
extradition statute provides for the eX-
tradition OF persons who, having COM
mitted an offense In one state, flee from
M iuris lictlon into that OF another. IL
is claimed there is no provision, what
ever, under which men can be extra
dited FOR conspiring in one state for
commission Of an oitense In another,
and the defense IN this case is pro-
Cpedlng on lndt lnfbTN,
Il Is the intention To carry the point
10 the United States supreme court en-
a writ of error II the state supreme
court refuses to release the prisoners
on the writ. II Is not expected by tbs
defense that the state court will release
them, but II Is desired 10 save the point.
IL is stated by the defense that II an
ticipates the state would arrest the men
n they were released, and proceed to
trial with them, but the defense will
save this point throughout the record,
Mr. Richardson giving II as his belief
that the supreme court at Washington
win hold the extradition was Illegal.
Under the laws OF Idaho an accessory
before the fact is made principal,
and the prosecution claims there can
be no doubt that the men can be held.
II is admitted by attorneys generally
that the point Is n nice one. In this
case the state has charged the men with
killing the victims of the explosion, and
on that charge they were extradted. II
they should be released at any time be-
fore trial ii would m another nice
question to determine their status. The
state would Immediately rearrest them,
but II Is said there is no precedent by
which the right or lack Of right to do SO
could be determined. II Is further
claimed on behalf of the state that this
point cannot be successfully raised now,
since the defense has no knowledge OF
what the state will offer TO prove at the
trial.
In this connection il Is pointed our
that il Is claimed by the state that some
or all of these men were in this state
at different times with Harry Orchard,
ard that II may be the Intention Of
the state TO prove that they cOnspired
10 commit the crime.
Attys. Richardson, Miller, Nugent
and Moore went to the state peniten-
tinry this morning and asked to see
these prisoners and Harry Orchard.
They saw all Of the men except Or
chard who sent out word that he did
& rot caro- to see them. II was stated
that orchard was sick, but no physl-
clan has been called for him, and Il
IS inferred That this was n ruse to
keep the lawyers away from Orchard.
ATTY. Richardson entered vigorous pro-
test against the prisoners being con-
iined under the rules governing con-
yicts.
Tomorrow the prisoners will he TAX
en- TO Caldwell, where n grand jury
will meet to investigate the assassna-
ton Of Steunenberg.
ORCHARDS CONFESSION.
= Denver, Feb. 23--Detective James
Mcfarland has left for idaho with all
5 the documentary evidence in the