Show MOSS GUILTLESS OF WRONG DOING Defense Pails Fails to io Make Nake Out Its CasE Casc j Against Foreman of Grand Jury rury at Caldwell INDICTMENTS WILL STANC COURT CONSIDERING QUESTION OF BAIL Special to The Herald from Staff Stafi Correspondent Boise Bois Ida March defense In fn th the dynamite cases failed utterly at Caldwell Caidwell to make good Its promise to prove that A B Moss foreman of the grand jury had consulted with rep representatives representatives of the prosecution after he had been appointed foreman and before any evidence had been heard or at all Neither was It shown that Mr Moss had expressed an opinion to the effect that the defendants were guilty of the charge against them The fiasco began with the foreman himself on the stand called ther by Attorney Richardson Consulted His Attorney In answer to questions Mr Moss said that he came to BoIse from Cald Caldwell Caldwell well on the day the grand jury was organized arriving here early in the evening His purpose in vIsiting Boise was to consult his attorney J H Richards on a legal matter Imme ImmedIately Immediately on his arrIval he telephoned to Judge Richards requesting him to come to the Idanha hotel where Mr lIr Moss was staying The two consulted together on their private business until about 1030 when Judge Rich Richards Richards ards went home As he passed through the hotel lobby with the attorney Mr said he saw Governor Gooding Judge Richards havIng gone home the foreman and the governor took places on a settee in the lobby and re rem remained m ined there for perhaps four or five minutes whIle the executive waited for a street car NothIng whatever according to Mr Moss was said about the dynamite cases the conversation being about the purchase of some sheep Denied Newspaper Story The witness said he had seen a newspaper article in which it was al alleged alleged that he came to Boise as foid man of the grand jury to consult h Governor GoodIng The stOry was not true but he had not taken the trouble to deny It Asked if lie he knew W G MacRae tt a newspaper man the wit witness witness ness replied that he did He denied MacRae that he had a confer conference ence with the gov governor with Chief Prosecutor lI Pinkerton Detec five thra or W E Borah of counsel for the prosecution He nev never never er saw before he be saw him himin himin in the grand jury room and never talked to him outside of it Hawl Hawley Y Yand and Borah he knew w quite well but he had not exchanged a dozen words with either of them for six months or more A by Pros Prosecutor Prosecutor HaWley Hafley failed to throw any light on the case and Mr Moss was excused MacRae Failed Them MacRae was the next witness He said replying to Mr Richardsons in inquiries inquiries that he had had a conversa conversation conversation tion with Attorney Miller of the de defense defense in whIch he told Miller he had h ard rd Mr Moss had met the governor Mr Moss himself had told him that but the foreman had said nothing whatever to indicate that he had con consulted suited with the governor or with any anybody anybody body else about the prosecutions side of the case Attorney Hawley then read affidavits signed by Governor Gooding Mr Ir Bo Borah Borah rah and himself all deny denying denying ing explicItly that they had consulted with Mr Moss Mr Ir Hawley offered to produce the In court for if the defense desired it but Mr Richardson was willing ta waive that privilege Without hesitating a moment the court announced that the motion to strike the Indictments from the files the motion which had been supported by the allegations against Moss would be dismissed Then in their order and without argument the court dismissed the plea In abatement and the motion to set aside the indictments The de demurrer demurrer to the indictments was taken under consideration Argument on Bail Motion The only arguments of the day were made on the motion that the defend ants be allowed ball bail John F Nugent opened with an earnest talk for the thc motion Mr Nugent declared that the nen were ready and willing to give ball bail ballin bailin in any reasonable amount and that they should be permitted to do so He based his opinion on the statute which provides that ball bail shall be allowed in all cases except in cases of murder and treason and it shall not be denied in such eases cases except when the proof Is present or the presumption of guilt great Neither the proof nor the as assumption assumption was at hand in this case the attorney argued The onlY evidence before the grand jury was supplied by Harry Orchard a assas assassin assassin sin who admits that the blood of other men Is on his head The law says that the returning of In Indictment indictment should not prejudice the ap applicatIon application of a for ban bail Mr Nugent called attention to the fact that men are often Indicted for murder when the prosecution hopes to convict them of a lesser offense Borah for the Prosecution Attorney Borah Borab who vho spoke first for forthe forthe the prosecution paId Particular atten attention attention tion statement that men Indicted for murder are often convicted ot of a lesser crIme No such claim can be made In this case said he If these men had any connection whatever with Continued on Page 2 MOSS GUilTLESS OF WRONGDOING V V V Continued from Page 1 the assassination of Governor enberg they are guilty of murder It speculation as to the outcome I will say that there can be no reduction in inthe inthe the degree of the offense These men are either guilty of m murder and should be hanged Or they are innocent and we are to be permitted to engage in should be set free There is no middle middleground middleground ground Still Stine I do not want to say these men nen areS are V That is fOr a jury to decide V VV V Colonel Hawley followed Mr Borah arguing against the for ball bail Mr lIr Richardson closed case for forthe forthe the defense He made a strong argument ment based on th ground that the men were entitled to bail as V a matter of right V Judge Smith announce that he would hand down his decision on Tuesday morning at 10 V VJ J L PRIEST |