Montana news. [volume] (Lewistown, Mont.) 1904-191?, 1907-03-21
Special to the Montana News.

Caldwell, Idaho, March Is, 1907.
Az the opening Of the court this
morning Il was announced that the re-
nittitur had arrived from the supreme
court relative 10 the appeal. All three
defendants were in court with their
attorney and the attorneys for the pro-
secution were present. Judge Fremont
Wood was In the chair. The morning
saasion was occupied with the arguing
Of points Of law. Attorney Richard
son argued the motion made by the
defense to dismiss the case. Nine
causes were specified and dates given
when the defense were ready for trial
Senator Borah answered the prosecu-
tion. He argued that circumstances
might have arisen 40 conviction, which
would have made the decision of the
supreme court void, and this fact was
q good cause for postponement. Rich
ardson replied that the argument did
not apply to the December term OF
court, held after the supreme court de-
sision was handed down, and that 1t
omitted altogether basic principles OF
American law, which was the defend.
ant g right to the liberty Of his per
son without delaying the plea was most
eloquently supported by weight OF
authorities that brought the principles
of personal liberty forward as the pro-
tectors of the accused men in most
overwhelming manner. Ii was plain
" evident that one Of the greatest
tragedies of the dawn of the twentieth
century is being enacted in the shabby
little court room. 1t is the might of
power throwing its weight against the
place and the rights of labor. 1t is
the class struggle to the front as the
destinies of the makers of the world
are on trial. The Judge stated that
he would decide the question of dis
missal at two 'clock. Court having
convened in the afternoon he returned
the decision that pending action was
good cause for postponement in all
cases, except that relating to the De-
cember term of court, that this term
as il did not begin till the 18th OF
December and ended by limitation on
the 3lst of the same month was too
short to allow of the proper handling
Of the case for which reason he would
overrule the motion 10 dismiss. The
attorneys for the defense figured ex-
ceptions. Attorney Nugent then open
ed the argument for change OF
venue. He stated that the motion was
supported by over six hundred aft
aavits alleging such strong prejudice
In Canyon county that fair and i'm
partial trial was impossible. Thirty
ak reasons were given supporting this
contention. A most careful statement
of the situation had been prepared,
the chief reasons given were that the
diabolical crime of the killing Of Elk.
Governor Steunenbosg had occurrtd
here and that the great prominence
of the man had caused tremendous
shock to the entire community, that
he had four brothers living here who
were making every effort in their
mower to convict the officials Of the
Western Federation. That there were
two banks in which he was interested
and large business interests besides
More over that the man Orchard, the
confessed perpetrator Of the deed, had
invaded Caldwell deeply in his con-
fession, that the Mine Owners asso-
citation Of Colorado had sent its agent
to Idaho TO deeply ferret out the crime,
showing that friction from labor
trouble was actuating them with the
spirit Of revenge. James Mcfarland,
employed in the case, was in the en-
ploy OF the Mine Owners association.
The arrest and detention Of Fedora
tion officials was In pursuance OF
policy that had been directed against
them for years in order to break down
the organization, but the plot has In
every instance been followed by ac-
quittal and casses dismissed. Con.
spiracies have been formed against
them and malicious accusations circu-
lated. Orchards confession charge the
Federation with twenty-wx murders.
These tales had been assiduously cir
sulated among the citizens Of Canyon
county till they believed the labor
leaders were guilty. They had been
advised by the prosecution through the
press not to talk on the subject so
as to disqualify for jury duty. Gov
ernor Gooding was openly sttacked
for the statements he had used per-
tanning to the accused. Attorney Van