Daily capital journal. (Salem, Oregon) 1903-1919, 1907-05-06
Hf EYES OF ALL AMERICA
ARE CENTERED ON BOISE
HAYWOOD-MOYER TRIAL TO BEGIN NEXT WEDNESDAY,
d Stneag Murder the Events That Led Up Incidents the Arrest
Defendants In

lGooding issued a requlsltlon upon
the governor Of Colorado for the ex-
tradition of the men. Accompany
ing the papers in the case was copy
OF the alleged confession made by
Orchard. Governor Mcdonald took
the matter under consideration for
some days. and then issued his ex-
tradition warrant.
Meyer was arrested Just as he
was boarding a train on the Burling-
! ton road; Haywood was taken into
custody in house to which he had
been shadowed. and Pettibone was
taken at his place OF business. All
the men were lodged in the county
jail for the remainder of the night.
a special train was secured. and a.
. O'Clock a. m. the officers left with
their prisoners for a rapid run to
Idaho. News of the arrest had not
leaked out, and the train was well
on it's way before Il became known
that the men were I'm custody.
This is what has been designated
as the kidnapping OF the men. Il has
been insisted by the friends OF the
defendants that the should have
been permitted TO consult counsel In
Denver and resist removal by appeal
to the courts. The state, on the
other hand, has insisted that II Is not
the duty OF officers TO thus invite
legal proceedings after having made
an arrest on regular extradltion pa
pers. Out of these conflicting con-
tentions grew the legal proceedings
which delayed the trials n year. In
this connection II will be interesting
to present the law on the subject.
over which there has been so much
discussion. or, rather, TO state the
conditions which confronted the
state.
In the supreme court at Washing
ton the cases were set for hearing on
October o. At that time they wero
argued and In December decisions
were rendered against the petitions
In conclusion, all the members OF
the court concurred excepting Justice
McKenna, who held that the mer
had been kidnapped and were entitled
TO their liberty. The majority opin
ion was 20 the effect that nothing
Improper had been done by the ON
GERS and that the state had a perfect
right to remove the men secretly II
Il could.
Why Trial Was Delayed.
The three men we're indicted on
March 2. and on March lG they
were arraigned and pleaded not
guilty. The next term OF court open
on May 30. II was expected the
cases would then be brought 10
trial, as both sides protested TO be
ready; but a snag had been discover
ed by the prosecution. A statute OF
the United States provides that.
when a case Is pending on appel
from circuit court on habeas cor.
Dus proceedings involving cOnstitu-
tional right. any action OF the state
court In the interim shall be null and
void. This. II was found, had been
construed in the dictum OF an opin-
ion OF the supreme court as mean
Ing that the state was prohibited IN
a case under such circumstance. /.
was therefore held by the prosecu-
tion that il could not proceed with
the trial, as a conviction, Il was con
tended. would be set aside, even
though the accused men should lose
I'm their habeas corpus case. The
state asked the defense 10 dismiss
It's appeal from the United States
circuit court and stand on the one
from the state supreme court. but the
defense could not see its way clear
20 do so.
Therefore, when the court met on
May 2s, this condition was called
TO the attention Of Judge Smith II
was argued az length but Judge
Smith held he was prohibited from
proceeding. and the cases went oYes
until after the supreme court should I,
have passed upon the habeas corpus
appeal.
II has always been insisted by the
defense that Il was not necessary 20
postpone the trials and that the ae
tion Of the state amounted to denial
OF he constitutional right 10 a speedy
trial. On the other hand. the state
maintained IL was prohibited from
taking another step and. further.
that the defense itself by refusing
10 dlmiss the one appeal which acted
as a bar. relying upon the other COW
ering just the same ground. has itself
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