The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1906-03-10
.HABEAS CORPUS CASES
BEFORE SUPREME COURT
Argument Heard and Decision Reserved
Until NEUTRALITY-SUSPICIOUS. Officials
Are Arraigned at Caldwell.

Especial to The Herald by Staff Cor
respondent.)
Boise, Ida, March 9.-AlthOugh the
habeas corpus cases were not definite
" argued before the supreme court
this afternoon, a collateral point of the
gravest Importance to the defense was
taken up and exhaustively discussed.
This was a motion made by the prose
cution to strike from the answer made
by the defendants to the prosecutions
return all of the matter relating to
fraud and collision in the swearing out
of the warrants against the Western
Federation officials, Meyer, Haywood
and Pettibone. and the charges that
their arrest and extradition was the
result of a conspiracy between Cover
nor Gooding and Mcdonald, the gov
ernor of Colorado.
1t is on this point that the defense
has been practically relying for the
habeas corpus writs. The supreme
court considered it of so much Conse-
oUence that a decision was reserved
until Monday morning at 10 O'Clock,
in order that the authorities cited may
be examined and other points gone
into.
Argument of Prosecution.
The motion to strike out was based
upon the ground that the charges of
| fraud and conspiracy upon the part of
/ the prosecution are irrelevant and a
sham.
! Whether all the forms of law were
/ complied with or not said James H.
! Hawley, opening the argument for the
state, whether or not these defend
ants were brought here as the result
! RT a for
/ The consideration of this court in this
/ proceeding. The probate judge before
whom the warrants were sworn acted
within his Jurisdiction but IF he failed
/ to do so the question could still not be
| considered here. All prior proceed
/ ings are merged in the indictment re-
| turned March z, charging the defend
ants with the murder of Frank SteU-
nenberg.
Mr. Hawley cited a number of cases
in support of his contention and in
conclusion he argued that it would be
z waste of time for the court to grant
/ the writ under any circumstances be-
cause the men would be Immediately
rearrested under the indictment.
Defense Quotes Federal Statute.
Attorney Miller. the first speaker for
The defense, quoted the federal statute
/
he extradited it must be shown that he
is a fugitive from justice Then he
pointed out the fact that in every one
of the cases cited by Mr.. Hawley the
defendant was a fugitive from justice,
| whereas in the cases under considera-
ton no such condition existed
This is the first time in tie history
Of the United States" co tinued Mr..
Miller, that the chief executives of
two states have combined and con-
| spirHd to bring a man from one state
&c another without giving him an op-
rortunity to see friends, when they
have sought TO deprive citizen of his
constitutional rights. IS distin-
guished Massachusetts Judge once
said, No right can be founded upon d
| wrong"
Facts In the Case
Chief Counsel Richardson concluded
for the defense. Before the liberty
of any individual can be infringed up
on Mr.. Richardson said, there must
be strict conformation to the con-
stitution and the statutes. The mat
ter sought to be stricken out by the
prosecution in this case presents a
state Of facts never duplicated in al
history before.
Realizing that the constitution and
the law would protect them from seiZ-
ing these men, the prosecuting attor-
Rey in Idaho swore to complaints
charging the defendants with persona
presence in the commission of this