Show RETURNED q IN TH CAStS CASES Adams anti St John Not mored That Orchard May Be Allowed to Go Free t I Special to The Herald from Staff Cor Correspondent Correspondent respondent Caldwell Caidwell Ida March larch strenuous efforts were made to conceal the fact it may be stated on authorIty that indictments were re returned returned turned by the grand jUry in the dyna dynamite dynamite mite mite cases this afternoon The grand jury reported about 3 The men known to have been indicted are Orchard Orchard ard Moyer Haywood Pettibone and Simpkins The latter is not a as yet un Under I Ider der arrest but inasmuch as he be knows If he knows anything from the publicity ty that has been given the case that he heIs heIs Is wanted there is no of thwarting justice in reporting the fact of his indictment Orchard was indict indicted ed separately for the murder of former The others with one more individual whose name has not been mentioned in connection with the case were indicted jointly The men under arrest will be brought to Caldwell Caidwell from Boise and arraigned in inthe Inthe the Seventh district court tomorrow morning Adams Not Indicted Steve Adams who made a confession some days das ago in which he involved a number of other Western Federation men is not included in the list of in indicted Indicted today Neither it is said is Vin Vincent 1 cent St John It is within the range 1 of probability that St John will not be indicted One theory has it that the failure to indict St John regardless of his confession is that he is to be used as a witness for the prosecution and andas andas as compensation for thIs he will be ber er to go free Orchard May Go Free The same report is curr current nt regarding Orchard who is believed by all of the people of Caidwell to be the theman man miln who discharged the bomb that Caldwell is quiet tonight while the grand jury is holdIng no evening ses which tends to confirm the re report report port that all the Indictments that ate are areto to be returned have bave been returned Cit Citizens Citizens are going about their ordinary business and the appearance of the streets street indicate that in spite of all re reports reports ports about an ge of dyna m In thiS S section th there ere is less ex cx tf its size Habeas Corpus Cases t Much interest is being taken in the arguments that are to be made before the supreme court at Boise on Friday morning in the matter of the habeas corpus cases Attorney Fred Miller of counsel for the defense has been in aU all day and is remaining here tonight in order that he may be in read readiness mess iness for the arraignment tomorrow morning Mr lUr Miller is confident that the writ he is asking for will wUl be issued He e expects too to gain more than a technical victory The general opinion is that if the habeas corpus writ is is issued Issued sued the defendants will be at once re rearrested rearrested arrested Mr Miller says this will not be th the procedure If the men are released he said there is no reason why th they y should not leave the state In our arguments before the supreme court we will wiIl con contend contend tend that Moyer and Haywood were arrested on a false affidavit It waS false in the sense that the men were charged with active participation in inthe inthe the murder of when as a matter of fact they were not in the state at all The federal laws covering extraditions are to the effect that only fugitives from justice may be extra extradited Moyer ai a Haywood are not fugitives from Idaho justice because they have committed no crime in Ida Idaho Idaho ho The law provides that where a state is a party to a subterfuge by bym m means ans of WhIch a defendant is brought from another state the state into which he Is brought cannot him The could be made if ifa Ifa a private party had brought a defend defendant ant Into the state through a subterfuge subterfuge fuge Case of Joseph Smith Cited In his argument Mr Miller will cite a case that will be of interest to the people of case of the United States vs Joseph Smith founder of the tho Mormon church AccordIng to thIs case about abou the year 1842 Joseph Smith was arrested in Ill III on a charge of conspiring to kin kill one Bryson in Missouri In this case the conspiracy 1 acy If any there was failed of its pur purpose purpose pose for Bryson was not killed kille Af After After ter he was arrested Joseph Smiths attorneys applied to the United StateS court for a writ of habeas cot pus alleging that he had been falsely The court held that the writ must issue because Smith to have been guilty of a crime in MissourI must have hae been present when the crime was committed and it was conceded by the prosecution that t he be was not present in pErson Will Hold Back Decision It is not thought that an opInion of the Idaho supreme court in the Moyer I Haywood eases cases will be handed down downor or on the day the arguments are made Instead the court will consider the arguments arid the for sev ral days The attorneys for the prosecution do billt f nt Jaywood leaving the without b bIng bing Ing rearrested Or One or of them said to today I day ay that the opinion of the attorneys I Ifor for the defense to the contrary not notwithstanding withstanding Moyer and Haywood would be arrested again at once in the event of the issuance of the writ They say that under the Idaho statutes it was ne essary to charge the defend defendants defendants ants with active participation in the crime because the statutes here bere make no between the accessory and the principal after the crIme has been committed It Is not a case of fal fale e swearing according to these attorneys but a simple compliance with the statutes It If there is any friction in the proceed proceedings proceedIngs ings they say it is a statutory fric friction friction tion not on for which anybody is amenable J L PRIEST |