The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1907-05-09
Judge Wood 0verrules
the Motion.
DEFENDANTS ARE NOT
ENTITLED TO PARTICULARS
Great Difficulty Is Expected In
Securing a Jury.
Nearly Every Man In Section Has Opin-
ion In The Case, and Personally
Knew Steunenberg Or
The Accused timers
Federation Ohi-
..,- Gals.

Boise. Idaho, May Shy overruling
today the motion of the defense for
bill of particulars, setting forth what
overt acts, If any there were. to connect
the accused with the murder OF iorhier
Governor Frank Steunenberg, Judge
Fremont Wood, of the District Court OF
Ada County, cleared the way TOT the
trial of william D. Haywood, Secre-
tarv of the Western Federation or MIN
ers. which will begin tomorrow morn
ing.
Judge Wood held that the request Oh
Haywood's counsel for more explicit
statement of the charges against the
nrisoners came too late, regardless OF
whether or not 1t might have peen en-
tertained at an earlier stage of the pro-
ccedinss. In cases where bills OF par
ticulars are allowable, the man who 81
IN nresiae over the trial of the accused
miners declared the motions must be
made before the indictments are plead
ed to. and before the cases are set for
trial
HAYWOOD is the first Of the four men
accused to be selected for trial The
others, Meyer, Pettibone and orchara'
tba last of whom Is said to have made
a confession, will be tried as circum-
stences dictate, following the conclusion
of the proceedings against Haywood.
Tonight the prisoner, mis- counsel and
the attorneys especially retained to pre-
sent the case and plead the cause OF the
accusing state, are ready for the long
ordeal The first and one of the great
tasks of the court Is to secure jury
and that will be commenced tomorrow,
assfsoou as Sheriff Hodgin opens the
court. Estimates of the time necessary
10 select twelve men vary, but practic-
AIv none of them place the time under
three weeks.
Dia,cuIt To Secure Jury
The victim of the Caldwell assassina-
tion long a conspicuous figure in the
life OF the State, was personally known
tn hundreds of citizens of Ada County,
and personal alignment and partisan
shin on the labor question in which the
prisoner and other defendants were
FOR a long time active leaders, Is quite
re,erai so II is at once a ditilcult and
delicate task to find men free from the
dfsqualifications that unfit them Tor tha
high duty of a juror.
Many men, who know the community
very we'll, and who ad to their calcu-
lations the further handicap of appre-
hension Of future violence for revenge,
take the aextreme view that 1t VIII DO
innossible to secure q jury, but the
weight of opinion is against this eS-
IRENE conclusion.
There is as yet, no indication of the
scope of the case which the state VIII
seek to prove against HayWoou' .a 10
naturally assumed, however, That
Messrs. Hawley and Borch will seek
To make the showing as to the alleged
copsniracy as broad as possible without
endangering it upon appeal assuming
that there is a conviction. Discussing
this phase of the case, one OF the cou'A'
sci for the prisoner said:
.sThe broader the scope of the case
afforded by the State, the better we VIII
be satisfied" e.
associations and newspapers have como
here to report the case.
The residents of Boise seem satlsneo
chat equal Justice will be done, and
thew are content to let the matter pa
tbreshed in a court of law This CITY
&c far removed from the mining couh'
wv rcilway communication at the Occur
D'Alene and cher districts being circuit
Gus.
Few in Court Room.
o+her than the lawyers and news
naner writer's, there was less than
score of persons in the court room TINS
morning when Judge Wood announced
his decision in the matter or DIN ca
narticulars filed by the defense in the
20 ~ HAYWOOD. tile first OF the Of
6ciaIs of the Western Federation oil
Miners TO be called for trial. Haywood
clean shaven and alert. was brought
into the court room by jailer. and
took his place beside his counsei
Messrs. f. R. Richardson OF DenFoi
Judge Wood disposed of several mo-
4ions in civil cases before coming to
the matter of the bill of particulars
under the Haywood indictment IN
deciding the motion Judge WOOD salo
in part; - tho Indictment in
+bIs case discloses the fact that the or
fense charged in each count is set
forth with great care and particularly
the time and place are speclhcally SET
forth as well as the person on whom
the assault was made, and the specinc
rnasns nv which the blow which pro-
dnced death was struck. A bill of par
+,culars could not convey any NOR
nation to the defendant on these ques-
tions which he does not already pos
cess The only question is this:
Assuming that the State must prove
conspiracy and that the defendant was
conr "a herewith which conspiracy
re in the death of Frank Steu-
erg, is the defendant entitled 10
se EXPERIMENTATION of the several
acts of circumstances in which coun-
sci for the prosecution rely IN oraer 10
connect the defendant with such con-
spiracy? l do not think 1t necessary
10 state at this time what the court
would do If this application had been
presented before the plea to the IN
dictment or before the case was set for
trial.
defendant Has waived Right.
Gas the court now views the matter,
the defendant has waived his right to
such bill of particulars not only by
pleading to the indictment but further
by permitting the case TO be set for
trial without making such application.
The plea of not guilty to indictment
herein was entered as shown by the