Los Angeles herald., 1907-06-03
HAYWOOD IS
BETTER; TRIAL
TO Be RESUMED
Miner Seems to Have
Recovered
If Last Two Jurors Are Selected To.
day, Prosecution Will Open Its
Case on Tuesday
Morning
Nv Associated Press.

BY Associated Press.
BOISE, Idaho, June 2.-The work of
securing a jury in the case of William
ID. Haywood, charged with the murder
of former Governor Steunenberg, Will
be resumed tomorrow morning at IL
o'clock unless the prisoner has re-
lapse Today Haywood is himself
again. Although little drawn and
pale as a result of the medicine and
the opiates administered to relieve
him from the acute pain which he suf-
fered yesterday morning, he appeared
to be in his normal condition. He was
out early in front of the court house
and walked in the sun afterward, sit
ting with members of his family among
the pleasant surroundings of well kept
lawns and rose bushes, fragrant with
blossoms.
Judge Fremont ---ood has stated that
he is determined jury shall be Sc
sured tomorrow If possible. Forty-four
talesmen remain of the venire OF sixty
one summoned last week. Only one
more peremptory challenge can be ex-
ercised and this lies with the defense,
the prosecution having exhausted its
ten peremptory challenges on Friday.
This leaves two men to qualify, If the
defense should see fit to exercise its
last challenge. That it will do so
fsis admitted by counsel, but 1t is not
expected that there will be much diff
.ficulty in qualifying the two men out
of the taleSmen yet to be examined.
Should this not be done within the
regular hours, it is quite probable that
Judge Wood will hold night session.
State Ready to Open
With jury secured before court adj
journs tomorrow night the case for
the state will be opened by James H.
Hawley, leading counsel on Tuesday
a,-es4 in fho
real engagegment, will be lengthy
recital of the position taken by the
state of Idaho in the effort to prove
that Haywood, together with Meyer,
Pettibone, Simpkins and Orchard, 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 of the prosecution hopes to prove.
Ever since the arrest of the three men,
Haywood, Meyer and Pettibone, spec
ulation has been rife and innumerable
statements more or less we'll founded
in fact have been published.
1t is, however, true, except that in
the most general way, no authoritative
statement has been given out.
Intimation of what Orchard has
stated in his confession has come from
one source and another and from
may be stated positively that very little
is known of the contents of the con-
fession 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.
Orchard to Testify
1t is believed that the state has in
reserve much to corroborate Orchards
testimony. Orchard will be witness
but counsel for the state do not pro-
pose to rely upon his evidence. In the
work of securing this confederation
the Pinkerton detective agency has fig
sured 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 detec-
tive 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 helhas a complete case. On the
other hand the defense of Haywood
has been as busily at work as the pros
.ecution. Other scores Of detectives
have followed every clue and every
intimation of what the Pinkerton
agency was doing. A large amount of
money. estimated to be as much as
$500000 has been subscribed by the
members of the Western Federation
of Miners, an organization with $4,000
members, and by other labor organiza-
stions throughout the country.
The propaganda in behalf of the
!. prisoners, Haywood, Meyer and Petit
bone, has been widespread and active
and much sympathy has been aroused.
Trial Will Be Long
q. F. Richardson, prominent at
torney of Denver will open for the de-
fense, but 1t is understood that it has
been agreed that the case for the de-
fense will not be shown until after the
case for the prosecution is all in. It
may, therefore, be several weeks be-
fore Mr. Richardson delivers his open
ing address. 1t is concluded that the
Introduction of the evidence for the
state. and especially the testimony of
Orchard, will be contested at every
point.
This will mean probably that the
prosecution will not be able to con-
clude under three weeks, or possibly
thirty days. The case for the defense
will take equally as long. 1t may
therefore be estimated that the case
will last sixty days after the opening
tomorrow, If indeed a jury has been Sc
cured by that time. Sixteen days of
actual work has been spent in the ef-
fort to secure a jury. Counting the
adjournments the case has now been
going one month Nearly 200 talesmen
have been examined the main diff
Guilty being to secure resident of the
county who has not formed an opinion.
Fremont Wood, the presiding judge, is
trying his first important murder trial.
One of the possible delays after the
jury box has been filed Is the inclina-
ton on the part of counsel on both sides
to go very carefully over the record of
the men who have so far qualified. A
number of detectives have been at
work on this and it is stated that
affidavits have been secured and may
be used to show that the court should
reopen the examination of two br three
men now in the jury box on account of
public expression of opinion at some
time since the arrest of the prisoners
WESTERN FEDERATION OF
MINERS CLAIMS GAIN OF