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Hellraisers Journal – Wednesday September 30, 1903
Cripple Creek, Colorado – General Bell Captures Town as Miners Marched to Court
Cartoon by A. W. Steele of the The Denver Post:
Report of Emma F. Langdon of Victor, Colorado:
Friday Sept. 18, was the day the prisoners [Messrs. Parker, Campbell, Lafferty and McKinney] were to be produced by the military. The writs issued by Judge Seeds being returnable on that date. Tom McClelland appeared in the district court that morning to represent Generals Chase and Bell, who were not present, and asked for a continuance of the habeas corpus cases for five days. This was refused by Judge Seeds, on the grounds that the respondents had made no return upon the writ, neither producing the prisoners in court, or showing cause why the order of the court had not been complied with. McClelland then stated to the court that if given until 2 o’clock in the afternoon, he would make a return on the writ and then argue the question of continuance.
When court convened at 10 o’clock McClelland arose and, with folded arms, addressed the court, stating that he represented the respondents, Chase and Bell, and on their behalf asked for a continuance. He said: “A great many question are involved in this case, and owing to the duties of the military camp I have not had the time to prepare such an answer as I would like to present to this court. Under this statute it is discretionary with the court to allow five days for an answer. I would, therefore, ask until Monday morning or longer to do so.”
General Eugene Engley, counsel for the prisoners, objected. He said: “There has not been sufficient showing to warrant the continuance sought by Brother McClelland. The statute is very clear on this point. It says that only upon the return of the writ a day shall be set for a hearing. A continuance must be made after a return of the writ, which has not been made. Whether an imprisonment has been made by the military forces or by civil officers, that person ought to know before making an arrest what is the authority for doing so, and he should be ready at any time to make a showing of his position.” McClelland said that upon the return that day the court might make an order for continuance, either for making a return or for a hearing.
John Murphy, general attorney for the Western Federation said: “The order of this court was to produce these prisoners. The respondents are in contempt because they have not done so, and have given no reason to the court why they have failed to produce the prisoners. Without warrants citizens of this commonwealth have been thrown into prison. The military is only the reserve police of the state, and cannot hold a man longer than absolutely necessary to take him before a magistrate.’’ The court said that section 2108 of the code contemplates a return of the parties to whom a writ is directed. He added: “That would be a foundation for the court to consider the questions at issue. Upon that the court would be advised that there are matters subject to trial. It would then be within the province of the court to fix a time for a hearing. Moreover, it is the judgment of the court that on a proper showing the time of the return may be extended, but that the showing must be one upon which the court should be advised that more time may be necessary. Mr. McClelland’s showing is not sufficient. It should be supported by facts and circumstances.”