, 1907-05-06
LAWYERS FILE MOTION At BOISE
AT VERY BEGINNING OF THE
NOTORIOUS MURDER
PROSECUTION.
Both Sides Admit, However, That APP
p~lieation Mil Have Little Effect,
Except to Force State to Show in
Advance in What Manner It Ex-
pects to Connect Haywood With
~Steunenberg Murder in Idaho.


Boise, Idaho, May 6.-The applica.
ton for a bill of particulars filed today
by counsel for the defense in the case
Of W.. D. Haywood of the Western
Federation of Miners. who on Thurs.
day next will be placed on trial
charged with the murder of former
Governor ~Steunenberg, will come UP
for argument today
Will Not Affect Case.
. Counsel for both sides admit that
the application for the bill is not likely
to affect the case materially. Such a
bill in a murder case is somewhat un.
usual, but counsel for the prisoner ex'
press themselves that they should com.
plete their record by such a course.
Haywood Not in state.
1t is admitted by the prosecution
that Haywood vas not in the state
when the murder was committed, but
they claim that Haywood conspired
with the actual executor Of the crime,
and is. therefore, guilty Of murder.
Force state to Show Hand.
The purpose of the application for a
bill of particulars on the part of the
defense Is to force the state to show
in advance Of the commencement of
the trial in what manner the state ex-
poets to link Haywood with the muir.
der Of the governor.
P%resident's Letter to Committee.
President Roosevelt's letter to the
committee of labor unions. replying to
the request for his evidence as to his
eason for calling Haywood, Meyer
and Pettibone undesirable citizens"
was published here today
vii Prevent Injustice.
In it the president urges that exact
justice be done the men, saying that
If they are innocent they must go free.
He assures the labor committee that
he will interfere il an attempt be made
to railroad Inc men to the gallows,
The letter has aroused little comment
here.
barrow Makes Statement.
Just before the opening Of the court
for hearing the motion for a bill Of
particulars, Clarence barrow of coun'
sci for the defense said to the CORE
spondent Of the Associated Press:
Tried by Jury Of Peers.
Under the laws and constitution,
Meyer. Haywood and Pettibone are tc
be tried in a court by a jury of their
peers. The forum is the state court OF
Idaho. Under these facts. 1 do moi
see what there is for the president
to do.
President Must Not Interfere.
"All we have the right or desire to
ask Of either him or any other citizen
is to leave the courts and juries to ad
minister the law fairly and without
prejudice, and without influence from
the outside"
Decision This Afternoon.
Both sides finished their arguments
on the application for a bill of partic
ulars by 1880 o'clock this afternoon
The court then adjourned until ;
o'clock, when it was expected that
Judge Wood will hand down his de
clsion.
Objected to Blank subpoenas.
In his argument Darrow objected tt
the issuance of subpoenas in blank
To this Senator Borah for the state
replied that this was necessary be
cause If the prosecution revealed thu
names Of their witnesses they would
not be able to get them to the cour'
house.
Witnesses Disappear.
He said that within the past twenty
foul hours two of their most important
witnesses from Colorado had disap
peared, one entirely and another re
fusing to come to Idaho to testify.