The White Pine news. [volume] (Ely, Nev.) 1906-1910, 1907-06-03
PROSECUTION TO
MAKE OPENING
ADDRESS SOON
HAWLEY WILL PROBABLY AID
DRESS THE COURT TUES
DAY MORNING.
HAYWOOD IS AGAIN IN COURT
Only One Percmptory Challenge Re-
mains and Judge Declares Jury
Must BE. Chosen To-day.

Oh SeCuTlHS jury III iIiS CtSS VI
William d. Haywood, charged with
the murder of former Governor Steu-
nenberg, will be resumed tomorrow
morning at IL O'Clock. unless the
prisoner has relapse. Today Hay
wood is himself again. Although a
little drawn and pjale as a result of
the medicine and the opiates admin
istered to relieve him from the acute
pain which he suffered yesterday
morning, he appeared to be in his
normal condition He was out early
in front of the court house Nand
walked in the sun. afterwards sitting
with members of his family among
the pleasant surroundings of we'll
kept lawns and rose bushes fragrant
with blossom.
Judge Fremont Wood has. stated
that he is determined jury shall be
secured tomorrow if possible. Forty
four talesmen remain of the venire
of 81 summoned last week. Only one
more peremptory challenge can be
exercised and this lies with the de-
fense, the prosecution having eX-
hausted its ten peremptory chal-
mem to qualify, if the defense should
see fit to exercise its last challenge.
That they will do so is admitted by
cousel but it is not expected that
there will be much difficulty in quail
flying the two men out of the tales
men yet to be examined. Should this
not be done within the regular
hours, it is quite probable that Judge
Wood will hold night session.
With jury secured before court
adjournS tomorrow night the case
for the state will be opened by James
H. Hawley, leading counsel, on
Tuesday morning. This, the first gun
in the reah engagement, will be a
lengthy recital of the position taken
by the state of Idaho in the effort to
prove that Haywood, together with
MoyGI, Pettibone, Simpkins and Or
chard, were responsible for the death
of Frank Steunenberg on the night
of December 80, 1905.
This opening address to the jury
will be the first official outlining of
the case the prosecution hopes to
prove. Ever since the arrest of the
three men, Haywood, Meyer and
Pettibone, speculation has been rife
and innumerable statements, more
or less well founded in fact, have
been published. 1t is, however, true
that except in the most general way
no authoritative statement has been
given out. 1t is now nearly sixteen
months since Harry Orchard, who by
his own confession, it is alleged, is
the assassin of former Governor
Steunenberg, made a sworn state
ment duplicating what is called the
Inner circle of the Western Fede-
ration of Miners in the plot to MUIR
der Steunenberg and in a series of
crimes extending over many years of
the history of labor and mining trou-
bles in Idaho. Within a few days
after Orchard made this statement,
Meyer, the president of the Western
Federation of Miners, Haywood the
secretary and treasurer of the organ
ization, and Pettibone, "a member,
were arrested in Denver on eXtradi-
ton warrants and brought to this
state on, a special train under cir
cumstances that have aroused much
discussion since the arrest and which
have been carried to the highest
court in the country in order that
the rights of the prisoners might be
preserved.
Intimation of what Orchard has
stated in his confession has come
from one source and another and
from time to bime in the last year,
but it may be stated positively that
very little is known of the contents
of the confession which will figure.
it is stated, as the most sensational
feature of the case against Haywood,
the first of the prisoners charged
with the murder to be placed upon
trial.
1t is believed that the state has
in reserve much to corroborate Or
chard's testimony. Orchard will be
witness, but counsel for the state
do not propose to rely upon his evil
dence. Every point bearing on Hay
woods connection with the actual
murder of Steunenberg must, the
prosecution openly state, be corrobO
rated before they can hope to prove
their case. In the work of securing
this corroboration the Pinkerton De-
tective Agency has figured largely.
1t may be said that the best men of
their force have been engaged on it
for the last twelve months. Captain
Jim" Mcfarland, famous as the
principal figure in many detective
stories of real life within the last
twenty years, now in charge of the
western division of the Pinkerton
agency, has directed the work. He
now makes the statement that he be-
lieves he has complete case. On
the other hand, the defense of Hay
wood has been as busily at work as
the prosecution. Other scores of de-
tectives have followed every clew
and every intimation of what the
Pinkerton agency was doing. A large
amount of money, estimated to be as
much as 100000, has been sub
scribed by the members of the West
ern Federation of Miners, an organ
ization with $4,000 members and by
other labor organizations throughout
the country. The propaganda in be-
half of the prisoners, Haywood, Moy
er, Pettibone, has been widespread
and active and much sympathy has
been aroused. The best legal coun-
sci has been secured in their behalf
and six lawyers are. daily in court,