The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1907-07-06
JURORS GROAN
AT NEW DELAY
IN BOISE CASE
Also Express Dissatisfaction At Treatment
By BailiffS and Their Inability to
Secure Exercise.

BOISE. Idaho. July 6.-"Uncle Sam
delayed the Haywood trial today De-
positions on their way from San Fran
cisco by mail failed to arrive and At
torney Darrow, for the defense. sought
a recess until Monday. The jurors
groaned. but Judge Wood declared the
request reasonable. and the court room
is empty.
The depositions-hfteen in number
contradict Harry Orchards story that
he dynamited the Linforth fats with
bomb. either as the agent OF the Miners
Federation or for personal reasons. II
is maintained that the explosion was
due TO a gas leak The testimony Is by
witnesses whom It was impossible 10
bring TO Boise.
Bitter Legal Fight.
Attorneys for both prosecution and de-
tense are preparing motions 70 be hled
Monday or Tuesday. asking that most
of one another's testimony be stricken
out as improper. This contest viii be
fought out on technical legal grounds.
and will be one Of the bitterest of the
trial. affecting. as It does. the most
vital issues Of the case. Meyer and
Haywood will be witnesses for the de-
They will be the last OF the Haywood
witnesses. and the prosecution will next
open in rebuttal
The lawyers on both sides agreed to
put in time in preparing their requests
to the court for Instructions to the jury
and to have them ready by Monday
morning. From this IL seems that the
judge expects TO have his charge ready
before the argument begins. and the in
timation was that counsel on both sides
would be informed Of it's contents and
conduct their arguments accordingly.
Jurors Dissatisfied
Just before adjournment was taken,
some Of the jurors started a discussion
about the manner In which they have
been treated by the bailiffs which indi-
Gated the feeling Of dissatisfaction
among them. Juror Russell. No. y.
opened it by asking the judge il some
thing could not be done to enable them
10 secure exercise.
1t seems that they have been required
to remain together ali the time. and that
some Of them are opposed to going walk
ing while others desire very much 70 do
SO The two or three who won't walk
have apparently compelled the others to
ANAtfe-AAA ~ A4AN4A 4lbASE Dg S4AlAAN ItAQS4llb
TO go out with them. Russell wanted TO
know II something could not be done so
that those who wanted exercise could
take II and those who preferred sitting
still could do that Juror S. E Berne.
No. 6. Clipped in with the remark that
he had stood the inaction just about as
long as he could.
I'VE have not been out since a week
ago Sunday" he said Il can't stand II
much longer unless get some exercise. -
It's getting very monotonous," put in
Juror SchrivCner, No. s.
barrow Quick to Speak.
Darrow at once came up with propo-
sition that the defense would agree 20
anything which the court and prosecu-
ton thought proper, so that the jurors
could have their walks. Senator Borah
said he saw no reason why some ar
rangemenl should not be made. and IL
looked as II II were already settled,
when Judge Wood remarked that tho
supreme court had reversed two or three
cases because of separation of the
jurors. one case being that a juror
merely left the others long enough TO
step into a cigar store and buy some
tobacco.
Juror Burns, No. II, injected new
feature into the discussion by asking the
judge what right the bailiffs had TO i'm
Why, IL one of us just happens TO
step across the sidewalk, they tell us
we are out OF ORDER he protested
We'll, II any baiiiffs are TRYING 70
impose on the Jurors, wen get new
bailiffs," said Judge Wood, with
marked emphasis.
NO one has tried to impose on US, -
cut in Juror Robertson, No 9. Il never
had better time in my life"
That brought a laugh. and seemed To
restore good nature even to Burns
Darrow repeated his assurance of the
willingness of the defense to enter into
any sort of stipulation that would meet
the situation Judge Wood said he
thought the matter could be settled in
that way. but Hawley expressed the
opinion that Il could not be arranged
by stipulation 70 do something which
the statute forbids.
No Authority for Stipulation.
After adjournment there was a con-
sultation Of lawyers with the Judge. and
the judge finally concluded that there
was no authority 70 make the proposed
stipulation. so that the jurors will have
10 keep on in the same way. getting no
exercise except when all are willing 10
go. II was commented on afterwari
that the talk Of the jurors showed that