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Show DYNAMITER FAILS TO GAIN FREEDOM Denver, Feb 16. Judge Lewie, in the United States district court, today to-day declined to hear a petition for the Issuance of a writ of habeas corpus for Henry W Legleltnor, arrested Tuesday on an Indictment returned In Indianapolis Simon J. Holler, of Mulllns & Heller, Hel-ler, counsel for tho petitioner, announced an-nounced that they would try to bring the matter before the supremo court of tho United States Judge Lewis listened only to tho first part of tho petition Catching the drift, he declined de-clined to hear more and the lawyers loft th court Tho petition iverred that the United Stntes commissioner who Issued the warrant for Leglelt-ner's Leglelt-ner's arrest was without Jurisdiction, that It was Issued without hearing evidence, that the affldalt on which tho warrant was based was Insufficient Insuffi-cient and that the detention of tho alleged dynamite conspirators Is contrary con-trary to the laws and constitution of the United States Legleltner Is charged with illegally transporting 45 pounds of dynamlto from Beftefontalne, Ohio, to Indianapolis Indian-apolis "They never trusted mo ' McNa-mara McNa-mara nover trusted me." said Henry W Legleltner, former momber of tho national eecutlvo board of the Iron Workers' union, under indictment in Indianapolis charged with being a party to the dynamite consplrncy ' I liked McNamara and he liked me, and I never knew wh)' he did not trust me When they talked of buildings or bridges boing blown up, they always al-ways passed me up, and explained the dynamiting affalis by sajlng It was others outside of tho union who wanted to get tho Iron workers in bad repute." Legleitner made the foregoing comments when Bhown dispatches from Indianapolis dealing with tho alleged al-leged dynamite conspiracy and. mentioning men-tioning his name Tho letter from Frank M Ryan to J. J. McNamara in April, 1910, saying "Let Legleltner attend to the jobs In his district," and tho ono Jrom McNamara to Ryan stating, "I am writing Legleltner' about the work of the McCllntlc-Marshall McCllntlc-Marshall company," were pointed out to him He said that If there Is any word or eIdenco in the correspondence or minutes of the Iron Workers' executive exec-utive board tondlng to implicate him in any plot, they are false. He declared de-clared he was nover on the "inside" and that whatever the government has unearthed can not Include him "because Mac (J J. McNamara) never nev-er trusted me " Simon J. Holler, of counsel for Legleltner, Leg-leltner, said that he Intends to seek to obtain his client's llbeity toduy on a writ of habeas corpus Falling In that he said he would appeal Immediately Imme-diately to the supreme court of the United States Indianapolis, Feb. 16 With refer- enco to Henry W Legleltner of Den- p2J' ver, tho "tinconsummated act" Indict- i 1! ment charges that, on December 5, p4jp 1910. ho appeared at the office of the yS? Iron workers' International headquar- Ijtori ters In Indianapolis with a suit ctso ; Sgpr "which was designed and used to . WB carry a can of nltro-glycerln " 2&i The Indictment describes the suit Jl case as a "telescopo suit case of l fibroid, IS Inches high and S 1 2 9 Inches squaro," and declares that 5 Legl6ltnor brought It from Pittsburg , y i nn dthat It later was carried bv !j other persons named In the Indict- 3 ments to Clo eland and other points Jt All the other defendants are named i5l as abetting Legleltner in this In- rjl stance. i j? I Saratoga. N. Y., Feb. 16 On a W charge of conspiracy In transporting J .l dynamite from one state to another, i William K. Benson, who was presl- i'lll don tof tho Detrott Federation of La- DH bor, was arrested at his farm near ' J I 3arkervillc todav and bought here. II Benson, who Is 6C years old, was one , f of the union labor leaders recently :ll Indicted at Indianapolis s If Philadelphia. Feb. 16. Moulton H. ; im Davis, under an Indictment charging ' I htm conspiracy In connection with the dy- r- namltlng cases, surrendered to the V1 United States district attorney here ' r today Davis has boen In business in I j, an interior town of Pennsylvania for - pr j some years. - it iU "1 |