The La Jara chronicle., 1906-10-12
MOYER-HAYWOO6
HAsEAs PusARGUED BEFORE
U. s. SUPREME COURT.
ALLEGATION OF KIDNAPPING
Western Federation Officials Seek for
Freedom-charge That Officials Of
Two States conspired to Railroad
Them Out of Colorado.


Two States conspired to Railroad
Them Out of Colorado.
Washington.-The United States Su.
preme Court heard final arguments
Wednesday in the appeal from the ha-
beas corpus proceedings held in the
Idaho Supreme Court in the case OF
Charles II. Moyer, William D. Hay
wood and George a. Pettibone of the
Western Federation of Miners, now in
Jail at Boise, Idaho, under indictment
for the murder of Ex-Governor
Steunenberg.
The arguments were not fully con
cluded. Edmond F. Richardson of Den
yer opened for the labor leaders, ano
]. H. Hawley of Boise represented the
state of Idaho.
Clarence S. Darrow, the well-knowEi
Chicago attorney, will make the clos
ing arguments for the accused.
Richardson's argument for the ap
pellants consumed an hour and half
He declared that The three men were
,, kidnapped from Colorado as the result
of a conspiracy to which Governor
Gooding of Idaho, Governor Mcdonald
of Colorado and Prosecuting Attorney
Van Duyn were parties, and that theil
transportation to Idaho. where they
were afterward indicted, was wholly
unlawful.
His argument was based on the as
sumption that Prosecutor Van Duyn
in order to get a requisition foi
Meyer, Haywood and Pettibone, hae
sworn that the three were in th'
state of Idaho on the date of the mur
der of Frank Steunenberg." Mr.. Rich
ardson asserted that Van Duyn knew
when he made this affidavit that the
three men were all in Colorado at the
time the murder Was committed. Th'
attorney contended that the Idaht
courts having secured jurisdiction
through a conspiracy, the men wer'
entitled to release from custody. H,
characterized the action of the Law
officers. of Idaho and Colorado as an
archy.
j. II. Hawley of Boise consumed less
than an hour in stating the case of thu
state of Idaho. He would not admi
that there had been a conspiracy ann
declared that the whole case of the ap
pellants rested on false assumption
that there had been a conspiracy be
tween the governors and prosecuting
officers of the two states. Mr.. Hawlel
claimed that Prosecutor Van Duyn'i
affidavit was in proper form because
a person charged with crime in Idah'
must be charged as principal. undel
the law, therefore, it became neces
sary for Van Duyn to say in his aft
H. III
personally present in Idaho the da,
Governor Steunenberg was killed. H,
said that there was nothing to justif!
the charge that the proceedings Were
based on the perjury of the prosecutor
Van Duyn, but even admitting tina
such was the case. the Supreme Cour
could not take action on the appeal.
Replying to the charge of Attorne,
Richardson that the three labor lead
ers, after being arrested, We're spirited
away on a special train and not al
lowed to see attorneys nor friends, Mr.
Hawley said there had been no unnec
essary haste in transferring them tt
Idaho. as the train did not leave unit
the day after their arrest At this
point Chief Justice Fuller made a sif
nificant interruption, expressing the
opinion that there was no reason VIII,
lHe OluCtIS dlltI StCullIlS tIlblI pms
oners should not have left at once foi
Idaho
Mr.. Hawley, continuing his address
insisted that the court had no right Il
inquire into the subject of how the de
PENDANTS reached Idaho. If the procure
ment of the prisoners had been irregu
lar the officers could be called to &C
count or defendants could sue for dam
ages, but 1t was matter entirely apar
from the guilt or innocence of the ac
cused
Concluding, Mr. Hawley said tha
the appellants were seeking to della,
the case. They had refused three
months ago. he SAID, TO withdraw the
appeals and accept speedy trial.
Both attorneys We're frequently in
terrupted during the remarks by ques
tions from various members of tn,
court. The character of these CUES
tions, with the exception of severa
questions asked by Mr.. Justice Nc
Kenna, did not appear to be especially
favorable to the defendant appellants