| Show I W IT Of HABEAS o rus fOR MO E Idaho Supreme Court Issues One for Him HUm Haywood and Pettibone MADE RETURNABLE MARCH 1 I Ihl I ll Upon tilt the K KUnion I ti t Union dillon Statute of the tite th Poise Ida Feb Fh F h 23 The OUt coutt late lalO Ihla Ihl hI l l I u writ of ot hat corpus In lu the th Ih cases ca ell of or o Moyer MOer and Pettibone accused n of ot ilia tit Ih of former orner Gov ri Tho writ l II b made returnable on March lurch 1 i ut ul ime Urne ft I return will be made ant and andI I time tUne leI i et t for or hearing AllY Atty on representing tho Iho of ot the Western of or Jill presented the petition for COI or the tho The for tor A n writ Is U based boI urea the extradition statute of ot o tho thu United States hint IH hI l the real reul point though many maul violations of or thu Iho cn at the state stille and the Ihl Constitution of vt Iii States me no alleged Tho lito extradition statute provide fur for the IX ec x tradition of f persons p who having com l an un offense In one Dee Ilee from fr Us lis It tJI Into that of another It Itt It II t claimed there Is no ever el under which lAn can be tie etta 1 I for conspiring In one line state stale fut for of ot un n offense In itt another anti and tU defense In ft thin III II case Is IB i pro ct ling on that theory It is 11 s the intention on to 10 carry tile the point to the tf lolled States supreme court en on ena ona a writ of ct error It If I the stole state supreme court COUll refuses es to relta e the prisoner on oa writ It Is Ill not nol ex by b thu tho Ih that the thu Ih state court will them but bUIlt It Is I desired to save avo thu point U It Ills Is l by h I tho Iho defense O that thit It an 1111 anticipates the Iho state would the tho men mw If It thy ihy Ih wore were released and 1 proceed to 10 1 with them but hut the tb defense will MU KU Mils point hout the Mr Ir lid U It as ai Ills lilo Idiot belief that tilt thi supreme court at lit Washington win will holt hold the extradition was Illegal Ilium the tho lawn Inwil of ot Idaho Maho an nil II bet rv tho thu fact fitt IB III I mallo a and find the claims there van con be no doubt that the men can ean be ho hell hellI hellIt It Is admitted by b I generally tim tilE point Is 18 n fl nice one OI In thin one cat the state has hos lia charged the th men with killing the victims Il of ot the tho explosion and andin tm in that charge they were extradited It If they bo be at nt any time he be fore torI trial It would t another nice question to determine their status The Tue elate would Immediately them thum I but ut It IH let II said aid Id there thI IH II t no precedent by the right or lack of right to do tin so be he determined It II la Is l claimed on or behalf of ot the th state that thU cannot bo ho II successfully rol cd now flow eIne tie tho th defense has 11 no rio knowledge of ot wh hut I tho tim state will wilt offer alTer to 10 prove at thu tho thuIn trial ml In Hill It II IH I out our that thai It Is y the tho state st l Q that onto somo or nil all ot of he u moi Iro ro In III this thie at times with Harry Orchard al M that It II may urn he Ic Ie tho the Intention of ot the th Ih state ate to 10 prove that they tn tr commit the th crime cri Mb Atty Sillier find and went wen I to 10 o the tato this morning am to see seo s e tit thi i prisoners cleaners p Harry Harr Orchard nay lh saw nil yf of tho the men except Or Orchard third chard who sent nut word worl that lu lii II lid did Crt Jt rt carl care to 10 MO ee them It was ware 1 that thit Orchard was M sick hut but MO HI II phy Jh l Citti hut hen h bOon en e called r for fOl him nod It Ith li Jo Inferred ItiL tHill wn was vito a rum tuse to tl tho tito al tt a fl ld on entered pro protect pr tI Mt against you COIl youit oct it Under Und or the rules i iii co governing ug con colt McK Iet Tomorrow thC tho th prisoners will viii II he cit IMI to 10 Caldwell ft Id aol i n fl 1 grand jury 1111 j tury 1111 ni meet to 10 the hon 1101 of o Fob l eJ 23 James Mr llaH left lett f let a with WI th nil alt the r evidence lit In a tilt tho murder r cane CISt Including Harry Orchards In his hi pos 1108 i Ie et Ion He lb I will testify before tile tho Brand Jury which h to lo to begin Its In lit ve next Monday onda Ho lie will ho bo bothe the principal witness and nad his hiM lil examina examination lion tion will probably occupy u ut full day lay layor or two 1110 ho tie h asserted that no noone tine one could couii wl h tho tue accused ed federation u n fair nil au trial more than himself but declared he lie Is amply ablo ailio to 10 provo Ills his charge ell Orchard contention lon a n copy of which U Ic I cm oil Mi In 10 till this city embrace I 1 0 4 put 1111 Jel geo cJ ci eMel typewritten fully full words It was secured by 1 with two of ot hit hi while 1 ho lie Interviewed Orchard In tn the tho penitentiary at It Holso Bols City It Is signed and sworn to III and tho till main points embraced herein are wild to have hlo Icon been duly corroborated Ihn document will comprise the 1110 basis haRie of ot If tho tilO trial of Moyer Petti Ietti others IS It Cripple Creek Colo Cole Feb Feli 23 Kil II ward Oreen the tho who was ne ar ur Monday upon war WOI vo u nulls nUll on n from Idaho Ildia M ar u n of lit if Investigation or of the thU berg was relia t d today by ly b the Ih district cohn N No charge of all ii fly kind k I hud hall h lt cn t it HId II lati a gi I aRt him ii I in lioon heen decline he iiI will iII sue HilI for fit dam InIn uses IIII S for falco arrest t and on uncut |
