| Show CASES WILL NOT GO BY DEFAULT Moyer Heywood and Pettibone i Will Be Put on Trial for Their Lives in Idaho BEGIN IN MARCH IN ADA COUN TV JAIL SpecIal to The Herald Herad Boise Feb Impression thal seems to prevail in some sections or of the country that the state of Idaho will drop the cases against the thc d dyna na mIters filters Heywood Pettibone and Moyer on account of oC lack of evidence Js Is do de declared dared by the representatives of oC the pros prosecution prosecution here to be entirely erroneous The delay In the trIal of these cases It Is said by the prosecution has been caused almost entirely b by the defense it itself itself self It is pointed out that had the tho at for the been willIng to drop one o the two habeas corpus pro proceedIngs proceedings Instituted in the state courts and in the thc supreme court of the United States the cases might have been boen dIs posed of long since The next session of the Canyon circuit court at which the newly elected Judge e Bryan will preside Is scheduled to begin basin on the thc da day of March A At t this time timea a setting of cases the wood Pettibone eases cases among thorn them will be made Before BECore a day can be definitely fixed for Cor the commencement of these pro a motIon for a change of oC venue from the Can Canyon on county distrIct must be disposed of This motion was filed before Judge Frank J SmIth now retired from office and aud Is supported by numerous affidavits tending to Mho show prejudice on the part of o f residents ot of Canyon count county and attempt lug to make It appear that the defend ants could not receive fair trial there The motion will be argued as soon as the tho March term of court o ens unless the attorneys s for the prosecution desire time Lu In which to prepare and submit counter affidavits which they are not unlikely ly to dO da May Be Tried in Boise In case a change of venue is granted the trials ma may be held In Boise It Is I s known that Governor Gooding is strongly in favor of holding the in Boise This on the theory thory that greater Uon tion can be afforded aCCorded th the court and the th e counsel for lor the prosecution and their r witnesses There are here at the Boise Bois ra e re barracks two troops of cavalry and a company or of infantry will be here belore e the trials can begin The attorneys for the defense laugh at a t th notion that an any of oC force Is I s ts necessary The They say that the governor governo r and the attorneys for fOI Ute the and the th e re states do not need ned the tho tion of troops or 01 an protection what ever eer as far Car as the Western Federation n of and ancl its sympathizers are con corned They declare that the they will be b e able to demonstrate to the satisfaction of o f an any fair Cair jury Juno that their client fa s arc innocent and that all they want is a fair trial In the event that a chan change t of venue is I Inot s not granted the trials will begin abou 11 out t Mardi 20 in the city of Caldwell It Is I s expected that great reat difficulty will be en encountered encountered countered in securIng a jury andIn com coin completing the other preliminaries s Incident t to an engagement that promises to be b e notable in th criminal history o 0 ef f the country Th The actual takIng of testimony testimony mony wilt will hardly be begun before the th e middle of AprIl Both prosecution an d defense announce that the they are read ready at a t this proceed wIth the trial tria l and both d delare that th they have been bee n road ready for some time Borah or of counsel for Cor the th e prosecution said the tho reported burning of o ef ee f evidence In a safe belonging to tile the Mine Min e Owners association or of Colorado at Coo Cou Courado rado Springs would have no effect on o n this proceeding There was no e In that safe of a vital ital character ns as far faras fa r as the case is concerned l al though It Is thought possible that at ther e ma may ben been some collateral e ee contained in the documents that were do de destro ed or that were alleged to have hav e been destroyed cd b by the Petti bone lope dope Steve Adams on Trial E Ii F Richardson Clarence S Darrow Danow and Prod Fred Miller attorneys 5 for the Vest st stern ern em Ff Federation of Miners rs and for Moyer Heywood and Pettibone arc now In Wal al lace where the they have gone to defend Steve Adams Adam who is char charged d with the murder ot of a miller In the Coeur dAlene country Adams was lipid hId In the for Cor some months for Cor alleged com comPliCity l in the murder but he was never Indicted and tue tho theory theon en 11 ly by some who arc familiar with the case is that the failure to indict him was the result of important disclosures he made to the prosecution There is a report that Adams Is goin to deny malt mak tug ing any disclosures and deC defuse by the same attorneys who are Moyer Heywood und and Pettibone Is 15 apparently part of a bargain entered Into be tween them and Adams Prisoners Well Treated The three prIncipal defendants are still confIned In lathe the Ada county jail at Boise They are comfortably quartered and are cheerful In spite of the restraint of their liberty Attorney John F Nugent who represents them locally said that the do de defense had no complaint whatever to make mak with reference to their treatment In the county j jail ll The men are being given every possible liberty and courtesy Mr Nugent continued and they are bearing up very veo well Indeed They are arc allowed to exercise every day daJ in the yard the theare they are allowed to have books magazInes and newspapers to write and receive l letters freely Creeh and to meet friends who call upon them health has not been as good goodas as that of oC Moyer and Heywood For soy sev several oral eral months he has hus seemed to fan fail but latel lately he has begun to improve again and andIs andIs Is In n a fair wa way to complete recovery |
