Show 5 COURT STIRRED UP Oy AfFIDAVit j Defense in the Dynamite Cases G arges es ceo oi art rt of Foreman of Grand jury I SUBPOENA FOR I INFORMANT TESTIMONY WILL ILL BE TAKEN TODAY I I Special to The Herald front froni Staff Cor nien t Boise Ida March is alleged in inan inan an affidavit filed in the Caldwell Caldell court this morning that the indictments against the murder case defendants Moyer Haywood and Petti Pettibone Pettibone bone should be stricken from the files of the court for reasons chief among which at A B Moss fore foreman foreman man of the jury visited Boise after the grand j jury iy had been impaneled impaneled and had al a consultation with Governor Detective land Pros Prosecutor Hawley awley and others connected with the states side of the case As the this conference the affidavit goES tm Foreman Moss became d ply d bitterly prejudiced against th the el The assertion is made at bis prejudice was ex expressed expressed pressed in an opinion that all of the defendants were guilty The papers led ed included a written application f for bail for the three de defendants defendants It Is set up in a motion that the only testimony against them was gIven by Orchard a murderer and a despic wretch whose evidence is not worthy of cred credence credence ence under oath There is not even eyen the remotest probability probability ability that ball bail in any sum will be al ai allowed lowed bowed Court Deeply Stirred The filing of the prejudice affidavit it the first in a lengthy series of docu documents documents ments containing reasons whY the in indictments should be dismissed stirred the court the attorney for the prosecution prosecution tion and the small audience consider considerable considerable able Mt Mi Hawley promptly pronounced the affidavit a tissue of j from beginning to end Inspired bya a desire to becloud the real issues in the case Attorney Richardson that his information had come frt such f a 3 source as to give him ce Jn It notwithstanding the fact t that at his in informant formant had refused to swear to au an affidavit Then let a subpoena be issued 1 him Judge Smith broke in and lt him be the court to toan n under o t any questions that may be put to t ena ct l Mr lIr nf his will willIngness willIngness to fi and a subpoena issued for tWo Macray who to have supplied the information t racray Macray was found by the sheriff in Boise and dl di to a appear pear in coup t tomorrow morning at At the same time a a at the request of Mr Richardson was issued for Mr Moss returnable at he sane same hour An inter interesting interesting esting session of court Is promised The other objections of the defense to the indictments were contained in six documents They are almost entirely technical in character Irregularities are charged in the summoning of the grand jUry and the old olp stOry of the thea a t of the men in Colorado and their return to Idaho Is told again by way of challenging g the jurisdiction O of the cour court Judge Smith intimated very strongly that he would not co consider si any of th the watters matters presented except that of on the part art of Mr Moss That qu question tion was one upon which he be believed the fullest light should be sh d Although testimony is to be taken tomorrow morning and perhaps some of the arguments heard it is not at all likely that any decision will be reached before Tuesday or Wednesday of next week weel At that time a date will doubt doubtless doubtless less be set fOr the commencement of the trials J L PRIEST |