| Show from the ng THE CASE ease of OF xue TUE THE harsh annand ALSAND t 0 atia PT F ia T THE tue preliminary examination ofa X 1 P d warden garden p af pf s biary tia ry and J J D T mcallister McAll ister istee nursal iMar al beff before re associate G in M hawley in chambers for tor refusing to surrender the p prisoner rimes james killjoy lo 10 to U S M marshal marshai arb are h a I 1 mr T patrick pst pat rick dubla verbal demand backed bythe verbal order of governor G I 1 woods commenced on monday ath and was concluded today to day ath tb varden rock bock wood wood and did Ma marshai marshal ribal eing held to ballin bail ball in 1000 each to await Awalt the i notion of the grand jury of the third pia pl triet strict court a briefly the history of the case ease ia Is this thia the prisoner Kill killfoile foyle foyie was tried before chief justice vilson under the lawso the territory on the charge convicted and s sentenced e n tended to for fon life and committed 1 to td the charge of warden wardeh rock Bock rockwood wood by order odthe court wilch which tried the case cabe the prisoner prisoner was taken in charge bawar by warden ien Nen Hock Rockwood wood and bitted by him for eafe keeping to city marshal mcallister the twe yur yuT den I 1 with ath other e r office officers E rs was As elected by the last whily Wilid gik pik commissioned slone sione db by v hiie hile t the Acting governor Govern br the Legis legislate lati iati e assembly appropriated funds to carry on the courts orane one year as usual and lna also niso iii in cab cas ease case e lanot assembly ly not meeting two years after the close of the legislative session congress passed a law giving th the e V U 8 M marshai Mar arg arh hlat hist authority to take charge of the penitentiary and under tinder instructions from the attorney general oadie of tho the united St states lites Xa marshal filial patrick patriek took marge charge of the united states prisoners the attai attorney rn y general also instructed the marshai marshal thit that he might contract wilh the proper authorities ties to board and take care of the territorial prisoners the marshal prof professed essef I 1 to have made a contract eon ton tract with frith governor woods to take charge of and subba subsist the territorial prison ers era for a dollar and a half per head per diem who autho authorized rived the governor to make such a contract or any contract on behalf of the people of the territory who would gould have to pay the dollar and a half does not appear although it is usual for the party which pays the money molly in a contract to have a voice in making the contract or in authorizing it to b be made the cou counsel neel for the defense held that neither the warden and directors of the penitentiary nor the governor of the territory had power to t make a contract to bind the Territory 4 judge hawley conceded the point rw re pecking the first named parties partite but herd an tin adverse opinion respecting the gok Goi governor ennor einor counsel for the defense also held that the united states had no n right ib tb put its band into the territorial treasury without the ibe cona cons consent ent of wee tee territory had the law authorizing the united states marshal to session bession of we the penitentiary passed before lefore the dose close of the 3 assem bly that body might have made provision for the making of contracts with the united states marshal for the support of territorial prisoners guage hawley riled ailed that the V US er barahl Ma mahi rahl hada h ad right to the th custody of e le t the 1 territorial prisoner auhoy ie and therefore that warden boek Bock rockwood wood aud marshal mcallister McAll lster had no right to refuse to deliver him up on the marshals demand y 7 it A 11 Thi this ruling staling surprised no one ss as every body was satisfied th that at t the he whole affair in effect was prearranged pre arranged and the bearing only a matter of form ferrii this case being 0 only ly one of a series in the attempt to curtail the liberties of the people of lb the e territory and I 1 introduce n I 1 rod lace face the hands of federal officials and add t he the ring generally into the territorial treasury here lies the animus of this and proceedings CAMP flo PLO M ru ck adeller kwe nd learn that ffloyd district is Is ope opening nini and tho prospect of the nai val hiers fiers are excellent tha the silver cloud mine has been sunk bunk to a considerable sid erable distance about two meek Week weekday dap dam the I a si icard cave of rich mineral as rich our informant says as haf eversal ever even baw saw some of the rock will produce produce as highs higasa per pei torn lorn J mr K himself Is a shaft on the flat behas reached a depth of df about 33 tt ept t and has struck sodd good mineral he 13 putting ina in a cut oat for water and has succeed succeeded ed in obtaining some he ex expects peets poets this cut ent will be a success professor wack tack Js is making arrangements for the erection of a mill ill lil in that locality he expects 0 o havo have h bis his 1 machinery on the ground in about avont dx six weeks theer the 9 fi s the naine naino silver queen queens altogether fhe the miners feel very mu much chenco encouraged at their prospects in that tb at district dietr I 1 ct i i 1 im am fluids mra MIA b |
