The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1906-10-11
Vanduyn's Affidavit.

Vanduyn's Affidavit.
His able argument hung on the con-
tentiOn that Vanduyn, in order to pro-
cure a requisition for Meyer, Haywood
and Petubone made affidavit that
these three men were in the state of
Idaho on the date of the murder of
Frank Steunenberg," when, he de-
clared. it was known to Vanduyn,
Gooding and Peabody that all three
were in Colorado on that date. This
alleged conspiracy being between state
! officials charged with enforcing the
| law, he declared, made Colorado and
| Idaho responsible. Jurisdiction by
Idaho courts having ben acquired by
| conspiracy, he declared, there is really
no jurisdiction. The constitution and
| the law is framed to protect the GRIM
| inaI as we'll the law-abiding citizen"
| he declared, and he characterized the
action of Idaho and Colorado as show
| ing a tendency towards anarchy. 1T
| is BETTER said he, that a Thousand
murderers should go at large than that
the constitution and acts of congress
be made a plaything of those who de-
| sire to attain certains ends
Case of the Prosecution.
| Hawley's argument consumed less
| tran one ho1r, but he covered the en-
| tire field. He was unwilling to admit
| that the charges of conspiracy We're
true, and declared that the whole plea
| for the defendants rested on the as
| sumption that there had been a con-
| spiracy between the governors and Of
| ficials of two states. Speaking of Van
duyn's affidavit, Hawley said that I'M
| der the laws of Idaho, as interpreted
| by the cour:s, person charged with
| crime must be charged as a principal.
| Under that law it was necessary and
proper for Vanduyn to say that Meyer.
| Haywood and Pettibone were person
| ally present in Idaho on the day that
| the explosion of bombs killed Steunen-
| berg. He declared there was nothing
to justify the charge that the present
| proceedings are founded on the per-
! jury of Vanduyn, or to justify the
charge of conspiracy against the Off
| Gals of two states. But conceding that
| the contention of the defense was cor
rect, he said the supreme court is not
now in position to take action on this
appeal. Richardson, in his argument,
had charged that when Meyer and
Haywood and Pettibone were arrested
they were promptly spirited away on
| q special train and were not permitted
to see friends or attorneys Hawley
said there had been no undue haste in
removing them TO Idaho, as their train
left the morning after their arrest.
Opinion of Chief Justice.
Chief Justice Fuller interrupted to
express the opinion that he saw no
reason why officers sent to procure the
labor men should not leave with them
! Immediately if they desired.
These charges of collision" said
Hawley, ARE absolutely groundless.
Having demurred, the prosecution does
not admit the allegations made by the
a ion, <,fI ,<xx- 4 <1a
PENDANTS reached Idaho cannot be sub
ject of judicial, inquiry he said. They
are there, and the question is are they
! guilty or innocent II the procuring
was irregular the parties abducting
them could be tried for kidnapping, or
defendants could sue for damages"
HawIey's Closing.
In closing, Hawley said: "1f the de-
| PENDANTS are innocent they would de-
mand a trial and invite the assistance
! of the courts so that their innocence
could be demonstrated. and then have
the remedy against those who worked
| injustice upon them. The trial of this
case could not be had at the last term
of court with appeals pending involv-
| ing the same question that is here to-
today. Three months ago We asked the
defense to withdraw these appeals in
| order that we could go on with the
trial, but they refused. 1t was their
right to do so. but when they did not
exercise that right 1 cannot sit still
and have it stated by them that the
| prosecution was the cause of their
| trial not being held at the proper time
| AS chief counsel of the state, I can
say we were absolutely ready to, and
we desired TO, proceed, but could not
| do it on account of bar of statute
During the argument every justice
| interrupted with questions. and un-
usual interest was shown i'm the case.
] The questions, except those of Justice
McKenna, all seemed to indicate that
the court will not order the release of
| Meyer. Pettibone and Haywood but
! will be willing to take UP habeas cor