The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1907-05-10
Want TO DISCLOSE
Case OF THE State
HAYWOOD'S COUNSEL AT BOISE
ASK FOR A BILL OF PAR
TIcULARS.
Court Delays Decision-Arguments of
Lawyers Richardson and barrow
for the Defense Are Answered by
Senator Borah.

Boise, ldahO, May Judge Ere
mont Wood will decide on Wednesday
next if, on the eve of his trial for the
murder of former Gov Frank Steun.
enberg, William Haywood is entitled
to receive at the hands of the state
a bill of particulars specifying the
overt acts charged against him. The
motion of the defense for this disclos.
ure of the case of the state was
argued at length Monday, and at the
conclusion of the discussion the court
announced that it would make de.
cision at the time stated
The prisoner, under guard of Sher-
iff Hodgin and two deputies, was
brought into court for the argument,
and of his counsel both Frank Rich
ardson, of Denver, and Clarence Oar
row, of Chicago, pleaded in his behalf.
Senator Borah alone spoke in behalf
of the state, although James H. Haw-
ley, his associate, was in the court
room when the proceedings began.
The discussion, always earnest, was
characterized at times by deep feeling
and dramatic intensity.
Argument for Defendant.
Mr.. Richardson, who opened the ar
gument, contended that the indict-
ment was lacking particularly; that
it left the defendants in the dark as
to the nature of the case to be pre-
sented against them, and the defend
ants were entitled to a more specific
showing of the case He submitted an
extended brief citing a great number
Of authorities and precedents in favor
of his contention.
Mr.. Borah in reply declared that
the defense was seeking a disclosure
of the proof in the hands of the state,
rather than more perfect pleadings,
and asserted that the reports con-
tanned no single authority that would
support such a contention.
Mr.. barrow, who closed the argu-
ment, began by saying that it was
the purpose of the defense to secure
disclosure of the evidence in the
hands of the prosecution, and asked
why the defense was not entitled to
such a showing. He made a spirited
attack upon the attitude of the prose
cution towards it's witnesses and evil
dence, describing it as mysterious, I'M
fair and unjust. He asserted that the
only question involved was one of
fairness and Justice to the accused; ;
laid stress upon the difficulty of Sc
curing testimony from distant points
and the danger to the defense of "sur-
prise" testimony, and passionately as
serted that the rights of the prisoners
were as much in the hands of the
prosecution as in the keeping of the
defense.
Ready for Trial Otherwise.
In answer to Judge Wood, Mr.. Oar
row said that the defense was not
ready to go to trial, but Mr.. Richard
son interrupted him to make the quail
ification that the defense was as ready
as it ever could be in the circum-
stances where the case of the state
was withheld from it. He said that
in all other respects the defense was
ready.
Mr.. Richardson, responding in brief
to the argument of Mr. Borah, said
that the counsel for the state made
no distinction in his arguments be-
tween the overt acts which the state
would seek to show against the pris-
oners and the evidence by which it
would seek to show the commission
of the alleged overt acts. The defense
wished to know what the overt acts
were.
Mr.. Borah closed the discussion
with spirited speech in which he de-
Tended secrecy in obtaining witnesses,
instancing the loss of two in Colorado.
Sunday, disavowed desire for any
mans blood unjustly, and avowed the
purpose of the state to do it's duty.
President for Square Deal.
New York, May Elm letter read
Sunday before the Central Federated
union President Roosevelt states that
If evidence is submitted to him show
ing that there has been a miscarriage
Of justice for or against Meyer and
Haywood awaiting trial at Boise, Ida
no, charged with the murder of former
Gov. Steunenberg, he will bring such
evidence to the attention of the at
torney general for such action, if any,
as may be in the power of the fed
eral authorities to take.
The communication was the formal
r0nlu IF tho 20
tee of the union WHICH recently called
upon the president In Washington and
requested him to set forth in general
his attitude toward the accused men,
and specifically why he had referred
to Meyer and Haywood as "undesira-
BILE citizens"