Show HABEAS GORP CORPUS US WRIT UNliKELY Judge Beatty of the Fed Federal ral Court Expected to Decide Adversely to Moyer oyer Haywood and Pettibone AT BOISE TODAY MOTION FOR BAIL WILL WILLBE B DE Special to The Herald BoIse Ida March 18 No develop developments ments In the dynamite cases are ex expected x during the DE next few days To Tomorrow Tomorrow morrow afternoon before Judge Beatty ot of the United States distrIct court th the attorneys for prosecution and will argue the writ of habeas corpus corrus out for Moyer Ha Haywood wood and Pet Pettibone These proceedings will h b en entirely entirely separate and apart from the writ Tit alreadY taken from froIn the supreme court of Idaho to the supreme court f the tho United States by the attorneys for the defense The possible object In beginning proceedings before Judge Beatty Is to get a Un United ted States district court record of the case The arguments before Judge Beatty will be In every way Identical with the arguments heard before the state su supreme supreme preme court and the papers thus far filed are identical except pt as to the court to which they are addressed It is not thought that the defenso hopes tto gain anything before Judge Beatty The belief Is quite general that he will willbe be brought to Boise from Caldwell CaIdwell to tomorrow morrow morning in order that th they y may be present In court when the ar arguments arguments are heard Will Be Overruled On Tuesday Judge Smith at Cald Caldwell well will Dasson pass on the demurrer to the Indictment and the motion for bail bai Both demurrer and motion will almost surely Burely be overruled Judge Smith has plainly indicated in the matter of th the demurrer that unless some fatal is shown in the papers whIch he has not yet had time to examine he will rule adversely to tIle the defendants That the defendants hope hODe for from the demurrer is evidenced by the fut fart that their attorneys made no argument upon It and said in open cou court t that they did not desire to argue th ques question question tion The ball matter was argued yesterday as already d Both Mr Ir Richardson and Mr Nugent for the defense claim with dill all ness that Moyer Ha Haywood wood an I P Peti ti bone should as a matter of r right ht be released on ball bail The prosecution through Hawley and Bora take the contray view and there are few who 1 e X that the motion will be granted It s thought that Judge Smith will hold th that t though the proof Is not present the presumption of the defendants guilt is great enough to warrant their continued confinement So although the Western estern Federation men are prepared to give ban bail in the sum of each if necessary they will not be permitted to do so Early Trial Promised The refusal of bail will doUbtless have hava the effect of hastening thE date for the trials to begin No Intimation has been given as to the tho probable date but the chances are that thata a time early In May lIay will be fixed when the defendants enter their plea accord according accordIng ing to the present on Tues Tuesday Tuesday day next The next term of court be begins gins gns April 24 but at least a week of preparation after the actual opening of court will be allotted to the attorneys Both sides declare their willingness to go to trial at the earliest possible moment Believing as I do in the innocence of the defendants said Chief Counsel tounsel Richardson I am prepared to say we will ivill be ready to try these Ulese cases on their merits as soon as the prosecution prosecution tion Is road ready I would like to get these m n out of jail at the earliest possible moment and as a matter of right they should be free freo men at this mo moment moment ment Believe Defendants Guilty There Is not a single officer or vey tiey for the prosecution that does not b believe thoroughly In the guilt of the accused Governor Gooding for ex cx example ample has saId that his familiarity With the case casa convinces him doubt that the de defendants are guilty of murder and that the prosecution will Continued on Page 2 n S I S Sq q 1 i ti tit t ij S 4 t 4 5 t S 5 J 1 H J W E BORAH HABEAS CORPUS Ii WRIT UNLIKELY I Continued from Page 1 have hae little difficUlty in convincing an honest jury beyond a rca reasonable doubt The greatest interest aside front from the discussion of such details of the case as have already been made DubUc is being taken In the place for holding the trials The defense as Is well known will try hard to a a change of venue to another county not yet se selected selected The prosecution insIsts that the themen themen men can be faIrly tried in Canyon Canon coun county county ty The court mayor or may not In his discretion grant the change of venue An argument frequently used against Canyon county and Caldwell is as to totne the difficulty of securing a jury Some attorneys think it will be practically impossible in Canyon county filled as asit It is with life long friends and neigh neighbors neighbors bors of the dead former governor to find twelve men who have formed or expressed no opinion as to the guilt or innocence of the accused or who are not otherwise disqualified for jury ser service service vice Think Jury Can Be Secured The difficulty is readily recognized by bythe I Ithe the prosecution as well as by the de defense defense but the prosecution claims that thata a Canyon county jury will be fair enough to decide the case on Its mr Its regardless of previous opinions cx x pressed and unexpressed In words that twelve absolutely fair men can be found in the county Judge Smith has not of course indicated what he will do In the matter His rulings here heretofore while almost almo t uniformly against the defense h have ve been regarded as absolutely faIr and In accordance with the strict letter of th the law lass Had it not been for Judge Smiths prompt action the defendants might still be in the state prison at Boi Boise e subject to the rigId rules and regula finns th the cu custodY t d of co con convicts the of counsel for the defense Judge Smith or ordered ordered dered the men taken from the penitentiary penitentiary to the Canyon county jail where they are accorded more privileges than th they received at Boise stIll the Canyon county count jail Is far from being a pleasant abiding place Haywood and Pettibone seem to be bearing their confinement in shape They get out for an hour or two every morning under guard and amI grub sagebrush for the jail stove that thatIs Is used for cooking Th The employment keeps them in condition Neither has the jail pallor and boUt have bae apparently gained in weight since they were first locked up Moyer on the other hand has been ill practically every moment since b he was locked up in He was a picture f mIsery as he sat in the courtroom t Caldwell Saturday morning With his eyes closed his chin on his breast and his breath coming in labored gasps gasIs he was evidently In no condition to under understand understand stand what was going on around him Moyer Is troubled with a bad cold and with asthma St Johns Departure The defense has been beOn getting some comfort after all out of the extradition extradition tion of Vincent St SL John to Colorado notwithstanding the fact that the pros prosecution proSecution resorted to a trick to get hIm away If I remember correctly said Attorney Miller the chief detective for the prosecution one made the boast that none of the men under arrest would ever leave Idaho alive aUve Yen Well St John has gotten awa away alive and we are hoping the incident Is Isan isan an omen of good fortune for the other defendants Sheriff Rutan who took St John back to Telluride was an old friend of the prisoner Two years ago Rutan and andSt andSt St John were opposing candidates for sheriff of San Miguel county Rutan won on by just eight votes At their only public me meeting ting in Idaho on the street in front of the office or of the justice of the peace Rutan and St John greeted each other with the greatest cordiality St John was not manacled when he was taken away and the announcement was made that lie he would not be mann clod I I i I I I I 1 i I I I I I I I Grand Jury on The grand jury was in session an all of last week at Caldwell but It dId very little work It may be said that the body is on waiting orders although it itIs itIs Is managing to occupy a good part of its time with minot minor matters of Interest only to the people of Canyon county such as reports on the condition ot of the various public Institutions A commit committee tee visited the county infirmary for eJ cx ampler ample and a report will wUI be made on that and the condition of the jail Considerable wonder has been ex cx expressed pressed over the continued failure to indict St ve Adams upon the strength of whose confession St John was taken faken back to Colorado and who has conf to participation in nu flu numerous morons murders It is thought hought that no connection between Adams and the murders has be been n and that thIs Is the reason for forthe forthe the failure t tO indict him He be beheld beheld held however until the trials of Moy Moyer er Haywood and Pettibone are over for he will be used ns s a witness against th them m regardless of Whether or not he heIs heis Is prosecuted Prom From an authoritative source it has been learned that the giand jury will make its r report port On n TU Tuesday day and ask that It be dis discharged h from further ser service service vice Ne Nearly nil ll the member are grow growing growIng ing restive They are men of property interests and nd their p per r dIem of f 3 does not justify thorn them In r any long longer er thail th is absolutely necessary It coth most of them more than that to live in Caldwell Caidwell leaving out of the qu question stIon the inevitable neglect ot of theIr private business |