Show NULL NULLAND AND VOID vom IN ANY EVENT Peculiar Situation Develops in inthe inthe the Case of Moyer Haywood and Pettibone TRI TRIAL L LI LIKELY KEL Y TO PROCEED EFFORT OF TH THE E PROSECUTION FOR DELAY Special to The Herald by T 3 L Priest Caldwell Caldw lI Ida May a Judge Frank Smith of the district court of Canyon county bands do down n a decision Th Thursday y along the line Une indicated by him today I the tho defense in the dynamite cn cs s will have hae scored a most important victory Judge Smith indicated very clearly that he be would take no cognisance of the proceedings In the habeas corpus cases now pendIng in the United States supreme court This means that the ca cases will go 0 to trial early In June as hereto heretofore heretofore fore announced although h It is conceded by attorneys for both skies sides that any pro proceedings 10 had in the district court prior to the determination of the habeas cor corpus corpus pus will of necessity be null nulland and 00 void Hawley Makes a Suggestion Colonel James H Hawley chief coun pel I for tb the prosecution ap appearing before the court as he said in the role of ami amicus eus cus curiae or friend of th the court su sug suggested that no action be taken in th I court of original jurisdiction until after the habeas corpus cases had been dis disposed disposed posed of Colonel Hawley cited authorities show showing ins ing the truth of of his bis cont contention that pro proceedings edings at this time would be a work of no avail although frequently repeating that he was not makIng a motion and 00 that his talk must in no way be con considered as au an argument Colonel Hawley Insistently su ested that a ment be had I f consider it my he said Uto to invite the of the court to the federal statute which lays down the law on this point A condition confronts us that in our judgment makes it impossible for us to go 0 on with these trials unless the defense will choose to abandon one of its appeals to th the su supreme supreme preme court of the United States Gives Friendly Advice The They can abandon their appeal from the United States circuit court and I Ino ieee no rights for they can still proceed as from the supreme court of the state or of Idaho The statute to which I referred applies only to appeals from United States circuit courts to the supreme court of the United States I am m a appearing merely as a friend of the court I am not making an argument I only want no vain things done We e appreciate the fut fact that to postpone these trials will 11 work ork a hardship on all concerned but I few felt that 1 had bad to esH II Us the courts atten attention lion tion to the facts Mr Darrows D Reply Clarence S Darrow of Chicago followed Colonel r first appear anee ance for the dECe defense Mr fr Darrow had been sworn as an or of tile the Idaho bar at the morning session or of the court courton on the motion of John F Nugent of couns l for the defense Mr Darrow Darro creatEd a splendid impression upon all who heard him aJ and d th the little court room was packed to s ff tion with spectators spectators tors The THc crowd was lar larger r than any of the crowds at the earlier proceedIngs At this time said Mr 11 Darrow I do donot donot not care to ar argue ue the meaning of the statute cited Counsel may have their construction of it and we mil may have ours I am not clear now as to their construe tion The main point is this these de defendants defendants are here as they have been at atall atall all times ever every dAY since they were brought in the night from their homes in Colorado Ye We want the record to show that we want a trial that we demand a atrIal atrial trIal These defendants have been kept In jail without bail continuously since they were arrested Will Waive No Rights lt It Is Intimated that the state would like to detain them for six or eight months longer Ye We know of nothing against them except a few things we have seen in the Associated Press that the gentlemen of the other side have seen fit to gIve out Counsel will surely not ask us to waive any or of the defend defendants defendants I ants rights If we were inclined to do doso I Iso so we would not be permitted to take such action Ye We are defendIng men who are charged with the most serious of crimes and we could not afford to go into the United States court without taking ad advant advantage vant vantage g of c EV every ry offered by bythe y the inferior courts The state does docs not ask for a continuance There is no ml me tIon before the court It is intimated that your honor bonar of your own motion should order a continuance notwithstanding that these thes defendants are held here without ball bail and amI that the they are now and b hove ne al always ways been demanding a trial Again I Iv say v I want it to go on record that the defendants want to be tried now new Borah Tries Argument w E Borah Borab of counsel for the ir cution the talks which really exactly lik like arguments but which counsel insisted were not ar at all In part Mr lr Borah said It Is m my o thai an anY pre dings this court wIll he be entirely null an and I We are confronted not with a but ith a condition We e arc I Continued on page 2 I GOVERNOR USES HARSH LANGUAGE New York Executive Vetoes i d to Benefit Albert Albany N T I May lees thin scandalous is the phrase used us d y Gov Governor EI Higgins n In ia a veto memorandum is issued Issued sued tonight the laws aws In the ease cue of Albert 1 T Patrick convicted of the of r the aged millionaire William Ji Rice IDe In New York City in 1900 The bOyn is ot of two Wile bills Intro Introduced Introduced Ji hy Wade of Chautauqua qua to lii meDd the code of criminal pro procedure pro procedure so ao a to permit en appeal from frO l an order denying a for lor a n new trial in ina Ina a criminal case on the tAe pound ground or of newly discovered evidence The bin bills which were in the senate nate ala by Sea Sn ator Smith were generally to hay hv reference especially alJy to the Patrick case and the governor so a describes them In his in inI intended I to Benefit Patrick Waiving the objectIon to the says Governor m DS that though gen general genera eral era in form fonn they are specie special In their p and are intended to grant a right of appeal to Albert T Patrick to obtain a review of an order if such BUch order be made denying his pending motion for a new trial on newly d discovered evidence I dis disapprove disapprove approve them for the reason that tRey they in introduce introduce a new procedure to our criminal law and tend to defer indefinitely the ter termInation of a capital case Cae Rice or of whose murder Patrick is con convicted convicted died on Sept 23 1000 nearly Dearly six years ago The laws aws delays In this case cae seem to me inc littie less 1855 than scandalous Sindalous If In case of extreme hardship the judge before whom the motion for a 3 new trial is made den denies the de defendants motion without giving ving proper to such evidence the constitution provides es a practical remedy A Proper Amendment An amendment to the Th code of crim criminal inal procedure might however well be made which would permit defendants application for a new Dew trial In a capital case to be made to DY any justice of tile the SG en preme court within the judicial department depArt depArtment ment where the conviction was had bad so 50 that the defendant may not be required in any case to present his motion to the I judge presiding at the trial Recorder Goff before whom Patrick I Iwas was Originally tried has now under con consideration consideration such a motion for It new tr I for Patrick and Governor Higgins has bas re reprieved the condemned kwyer for a t third time June 15 on this thia account I |