The Idaho recorder. [volume] (Salmon City, Idaho) 1886-1927, 1907-05-09

$ery available room in Boise has been
served for lawyers, witnesses or
kwspaper men in attendance on the
Burt which will try William ID. Hay
bod on the charge of the murder OF
inner governor Frank Steunenberg.
fhile there is little or no public dis
sssion OF the case the undercurrent
interest runs strong, and every in
Inning train brings additions to the
kry large number OF people connected
tn the case who are already on the
ound.
THAT there might be some delay has
len intimated from time to time, but
e fear of this has now been dissi-
sted by statements emanating from
18th sides. Clarence Darrow, of Chi
go, and +. +. Richardson, Of Den
n jointly leading counsel for the de-
nse of Haywood, have both stated
at they are ready for trial. Counsel
J the prosecution, James III. Hawley
I'd Senator w. Il. Borah, who have
Yen engaged especially, are of the
>inion that there will be no delay.
b application for bill OF particu-
rs, filed by the defense, will be ar
led tomorrow according to Judge
femont Wood, who will try the Hay
bod case, but as his decision is moi
>pealable, it is not thought that this
III cause any postponement.
The history of the cases of the mer
arged with the murder Of Steunen
Pig shows much delay, all of which
cessarily has been expensive both Il
e state of Idaho and TO the defense
he state has already paid bills to th'
nount of So. 600, and at the last ses
bn of the legislature of Idaho an ap
opriation of $4,000 additional wa
nanimously passed, all parties con
lrring.
When Governor Steunenberg was as
ssinated. the Mine Owners asSocia
BIN offered reward of $1,000 for tn
Prest of the murderer. Later thi
0ount was returned to the Min
wners' association by Governor Coco
q, with the statement that the stat
Idaho would defray the cost OF I'll
Dsecution of the murderers, wh'
fer they might be. The defense fun
Used by union laborerS throughou
e country, and also an emergenc
Ind by the Miners Federation, is r.
orted to be very large, and the TOT
cost of carrying on this case from mr.
4 ID last will be enormous.
James III. Hawley, the leading coul
scl for the prosecution, was asked I
Z flay to explain the reasons for the q
5slay in the trial of Haywood, Moy
I3'a1nd Pettibone. Much comment h
leen caused throughout the count
III this delay. 1t has been charg'
mat the state has wilfully caused u
E DELAY and that the prisoners have oe
=kept i'm confinement without trial !
Nm unwarranted period. Mr.. Hawl
kaid:
s"The revised statutes of the init
States. treating OF appeals to I
United States Supreme court IT,
limited States Circuit courts in haot
corpus, where prisoner is held
state courts, makes null and void a
action of the state court pending
appeal. The great majority OF cou
of last resort hold any action upon
part of the trial court absolutely "
until the decision of the Supre
court of the United States has bt
actually rendered.
at will be seen, therefore, That
in Nav. 1906, we had proceeded
trial in the trial court OF this state
fore the decision of the supreme co
had been rendered, the defenda
would have been discharged as Il
could not a second time be put
jeopardy of their lives
senator Borah and myself, act
for the state. shortly before the {
veninv of the district court OF can
county in May, 1896, called the at'
ton OF the defendants attorneys
this provision of the United st'