Show ENI MERRIAM9S STORY thi His Examination Continued rC4 by House Committee tta s PLAIN FRANK STATEMENT 7 h ced urL Martial Law Was Declared by Gov Stcunenberg upon Whose Request r 1 th Troops Were Furnished General Would Have Done This Had Stato Executive Not Acted He Had Di 1 rectetl that Arrests bo Made Believed cdrt3 lieved Civil Officers Might Exercise o Military Functions L Washington April 28The examination examina-tion of Con JIbrrlani was continued at the Cocur dAlenc Investigation by flic I Military committee pf the House today to-day Ha reviewed In detail his Instructions 5a In-structions ma telegram from Secretary Secre-tary AJgor of May 31st he had referred to Gen Merrlams original Instructions Instruc-tions Gen Morriain testifIed that he had never received any ° original Instructions I In-structions beyond the direction toT to-T proceed to Idaho to put down the insurrection in-surrection He had applied to the department de-partment twice for the original Jn GlructlonF but they had not been d furnished and he had come to the conclusion con-clusion that Secretary Alger was In I 1 error WATER EFFECTIVE AS DYNA j LUTE i Regarding the Incident of the pump men at the Tiger and Poorman mines 1 he said Gov Slcuncnberg had asked what could be done to save the mine s Jn case the men declined to take out l permits Ho had replied that he did TrVe not feel competent to advise Tie knew d that to have allowed the mine to be lllled up with water would have destroyed ifc de-stroyed It as effectively as lo have I blown It up with dynamite i MARTIAL LAW DECLARED Attorney Robertson conducted the crossexamination of Gen Mcrrlam In idd reply to a series of questions CelL aierrlam testlllcd that martial law was ric declared by the Governor of Idaho i upon whose request the United States troops were furnished and that the section of the Revised Statutes requiring re-quiring the President to proclaim a JbF stato of Insurrection did not apply t ft S Some of the Federal troops he tesll lied were In Idaho and some on their 2 o wny there before martial law was dc ifc f dared May 3rd He had telegraphed B May ncto the War department that b wu Ir he would exerMsc iparllal law If action tVi1 < ac-tion waS nOL disapproved by the department v de-partment rd GENERALS INTENTIONS Was thai your Intention asked Mr Robertson f It was replied Gen Merriam But igs it was pot cxerclspd It was my intcnI c lion lo scrutrnie travel outwrirdl L1 bound from the scone of trouble The I Governor proclaimed martial law on 0 March 30th 1 HE ORDERED ARRESTS y Up lo the time of his arrival IIS ar 4jflts had bcrn made Mr Robertson p sKUighl to gain an admission that Home c4 JC these arrests were made prior lo the Governors proclamation but Gen t iMqrrlnm denied this emphatically 4 producing his telegrams to show that tI when he ordered tho urresta he slated J4 marljnl law wan declared When hen he-n g had directed that arresta should be v i made by deputies he had not conceded I that troops could not make the arresto i ¼ directly and without warrants under = a martial Law i HOLDING PRISONERS E f Do you think that under the conditions I condi-tions that obtained In the Coeur dAlene It was proper and reasonable to 4j hold prisoners from four to six months Without examination I am not prepared to answer no c I replied Gon Merriam I dont know I all the attending circumstances and I4 conditions I I Did you take any means to dcu > r j mine the probable Innocence of theM the-M prisoners for your own information or that of tho President of the United Slates No further than to urge prellmtiry examinations by the civil authorities I gC4l NO MILITARY COURT ct Yon convened no military court tc try those prisoners ic se I did not The Slate courts were bopon tt WC 4 You took no pains to determine l vhctliuc information had been lodged 0 Ii agnhiHt the men arrested c I did not that 1 You then lent soldiers to deputies Lwho made arroBls anc 1 1 I did not I sent soldiers to protect lepuflcc and to receive and safeguard L va prisoners EMPHATIC ANSWERS c Do you think there can be civil of I flecrs under martial lawV c i I do emphatically Deputies exercising the functions of military ofllcors I Yes under the direction of the Governor Gov-ernor I Gen Mcrrlam in response to a qucs t Alpn aH lo whether ho now considered 2C the People of Shoshono county capable A pi selfgovernment said he was not In possession of tmlllclcnt information lo cm I give an opinion 4QC Wllliotit completing the crosse anil 1 pmilon OL Gen Merriam the committee adjourned unlll Monday |