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Saturday March 24, 1906
Boise, Idaho - Wife of Charles Moyer Believes He May Die in Ada County Jail

From last evening's Sun of Pittsburg, Kansas:

FEDERATION OFFICIAL VERY ILL
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"To place Moyer in solitary confinement, in a cell where he gets no sunshine, is practically to sentence him to death."-Dr. C. D. Spivak.

"He will die, that's all. I know he will. He has had a dreadful attack of asthma, and that cheerless cell will kill him."-Mrs. Moyer.

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Boise, Idaho, March 23.-Friends of Charles H Moyer, president of the Western Federation of Miners, declare that the action of the authorities today in placing him in solitary confinement in the Boise jail greatly endangers his health. Moyer has visibly weakened in health since his arrest, and his friends here fear his throat affection will be gravely aggravated by life in a room in which the sun never shines. The cell to which Moyer was consigned today is, according to the Ada county authorities, large and well ventilated. It is in a remote part of the building, and no sound from other inmates of the prison can ever reach him. The narrow windows of the cell are over six feet from the floor, and never admit the sunlight.

Moyer's health broke down during his two months' confinement in the Telluride jail in 1904, and he has never regained his full strength.

The assignment of the three prisoners to different jails followed a decision in the federal court denying them a writ of habeas corpus.

Attorney Richardson completed a bill of exceptions and petition in error in the habeas corpus cases last night, and will complete an appeal from Judge Beatty's decision to the supreme court of the United States tomorrow. The defendants hope to secure a hearing on the appeal before the supreme court adjourns its present term in Washington.

Judge Beatty handed down a decision in the circuit court of the United States quite recently, denying the application made in behalf of Moyer, Haywood and Pettibone for writs of habeas corpus. The court ruled against the applicants on each of four grounds on which the applications were based, holding that it would not inquire into methods pursued in bringing the prisoners into Idaho from Colorado, or even admitting that their presence here was brought about through unlawful methods, the men having been since indicted on a charge of murder. Exceptions were taken to the court's ruling, and ten days' time was given to prepare a bill of exceptions to the supreme court of the United States.

Moyer's physical condition is bad, he appearing to be very weak when walking from the carriage through the courtyard to the jail, leaning on the arm of the guard. He made no complaint at the change in place of his confinement, being apparently too sick. It is believed that Haywood will be sent to Welser, Idaho, and Pettibone taken to the county jail at Shoshone, inquiries having been made to learn if men would be received at those places.

Judge Beatty in giving his decision stated he had thoroughly investigated the question before him and had examined all the references noted in the briefs. He stated that it was the practice of his court to be governed decidedly by the decisions of the United States supreme court and by the decisions of the federal courts; that where the state courts and federal courts gave adverse decisions on the same issues that state court decisions were denied. He took up the points raised by the defendants, that they should be discharged because they had been brought to Idaho under fraudulent means, and that they were not extraditable from Colorado because they were not fugitives from justice from Idaho. Judge Beatty decided that his court had no jurisdiction to inquire into the methods whereby the prisoners were brought in this state in the proceedings at bar.

[Said Judge Beatty:]

There is no provision that I have been able to find in law..whereby I have jurisdiction to remand the prisoners to a sister state after they have been brought into the demanding state, as in the present instance. Now that the prisoners are in Idaho, I cannot make any order to prevent their detentions and trials here.

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[Photograph, emphasis and paragraph break added.]

Charles Moyer was arrested March 28th and held until July 5th of 1904 during the Telluride and Cripple Creek Strikes. He was charged with "desecrating the American flag" due to his signature being attached to the poster (see below) entitled: "Is Colorado in America."

SOURCES

The Sun
(Pittsburg, Kansas)
-Mar 23, 1906
https://www.newspapers.com/image/71357977/

Moyer v Peabody
(Moyer was imprisoned from March 28-July 5, 1904.)
https://en.wikipedia.org/wiki/Moyer_v._Peabody

Pinkerton Labor Spy by Morris Friedman
http://www.rebelgraphics.org/wfmhall/pinkertonlaborspy16.html

IMAGES
Charles Moyer, Darrow Collection
http://darrow.law.umn.edu/photo.php?pid=1384
Western Federation of Miners Poster: IS COLORADO IN AMERICA?
http://www.rebelgraphics.org/wfmhall/pinkertonlaborspy16.html
For clearer view of text, see:
http://hyperallergic.com/217577/the-revolution-has-been-digitized-explor...

See also:

Bill Haywood Trial, Darrow Collection
http://darrow.law.umn.edu/trials.php?tid=3

The Cripple Creek Strike: a History of Industrial Wars
in Colorado, 1903-4-5
-by Emma Florence Langdon
Moyer Habeas Corpus Case
http://www.rebelgraphics.org/wfmhall/langdon19.html
Haywood-Moyer- Pettibone Case
http://www.rebelgraphics.org/wfmhall/langdon29.html#dedication

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Popular Wobbly -The Grand Industrial Band
Lyrics by T-Bone Slim:
http://www.folkarchive.de/wild1.html

I'm as mild mannered as I can be,
And I've never done them harm that I can see.
Still on me they put a ban, and they throw me in the can,
They go wild, simply wild, over me.

They accuse me of rascality,
But I can't see why they always pick on me;
I'm as gentle as a lamb, but they take me for a ram.
They go wild, simply wild, over me.