The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1906-03-19
HABEAS CORPUS
WRIT UNLIKELY
Judge Beatty Of the Federal Court
Expected to Decide Adversely to
Meyer, Haywood and Pettibone.
ARGUMENT AT BOISE TODAY
MOTION FOR BAIL WILL BE DE-
CIDED TOMORROW.
Especial to The Herald.)

Boise, Ida, March 1S.-No develop
ments in the dynamite cases are ex-
pected during the next few days. To-
morrow afternoon before Judge Beatty
of the United States district court, the
attorneys for prosecution and defense
Will argue the writ of habeas CORPUS
sued out for Meyer. Haywood and Pet
tibone- These proceedings will he en-
Iirely separate and apart from the writ
already taken from the supreme court
of Idaho TO the supreme court Of the
United States by the attorneys for the
defense. The only possible object in
beginning proceedings before Judge
Beatty is TO get a United States district
court record of the case
The arguments before Judge Beatty
viii be In every way Identical with the
arguments heard before the state su-
preme court, and the papers thus far
filed are identical, except as to the
court TO which they are addressed, 1t
is not thought that the defense hopes
ito gain anything before Judge Beatty
The belief is quite general that he win
be brought to Boise from Caldwell To-
morrow morning in order that they
may be present in court when the ar
guments are heard.
VIII Be OverruIed.
On Tuesday Judge Smith at CaId-
we'll will pass on the demurrer to the
indictment and the motion for bail
Both demurrer and motion will almost
surely be overruled. Judge Smith has
plainly indicated, in the matter of the
demurrer, that unless some fatal error
is shown in the papers, which he has
not yet had time to examine, he will
rule adversely to the defendants. That
the defendants hope for nothing from
the demurrer is evidenced by the fact
that their attorneys made no argument
upon II and said in open court that
they did not desire to argue the cues
ton. The bail matter was thor oIghIy
argued yesterday, as already reported
Both Mr. Richardson and Mr.. Nugent
for the defense claim with all serious
ness that Meyer, Haywood AMI Petit
bone should, as a matter of right, be
released on bail.
The prosecution, through Attorneys
HaWley and Borah take the contrary
view and there are few who believe
that the motion viii be granted 1t :
thought that Judge Smith viii hold
that, though the proof is not present.
the presumption of the defendants
guilt is great enough to warrant their
continued confinement So, although the
Western Federation men are prepared
TO give bail in the sum of $1,000 600 each
IF necessary, they will not be permitted
TO do so.
Early Trial Promised.
The anticipated refusal of bail will
doubtless have the effect OF fastening
the date for the trials to begin. No
intimation has been given as to the
probable date but the chances are that
a time early in May will be fixed when
the defendants enter their plea, accord
ing to the present programme, on Tues
day next The next term Of court be-
gins April "a but at least a week of
preparation after the actual opening Of
court viii be allotted to the attorneys
Both sides declare their Willingness
TO go to trial at the earliest possible
moment. Believing. as I do, in the
innocence of the defendants" said Chief
Counsel Richardson. q am prepared to
say we viii be ready to try these cases
on their merits as soon as the prosecu-
ton is ready. I would like to get these /
men out of Jail at the earliest possible /
moment and, as a matter of right, /
they should be free men at this mo- /
ment."
Believe Defendants Guilty.
There is not a single officer or attor- |
believe thoroughly in the guilt OF the |
ample. has said that his familiarity /
doubt that the defendants are guilty of |
Continued on Page 2.