Montana news. [volume] (Lewistown, Mont.) 1904-191?, 1907-05-30
Spcial TO the News

bOlbt, nay SS'
Court in the Haywood case is still
occupied with the monotonous and try
ing task of getting jury. But two
peremptories are left to each side at
present writing.
The long tedious contest over the
men who are to pass upon the question
n to whether William ID. Haywood
shall live has not been without its
results With an uncompleted jury
a. yet, the defense lawyers have been
heard to say that they would be will
ing to 90 to trial with the jury as it
stands.
The wisdom Of the established order
10 always shortsighted compared with
the seers of the new dawn upon the
horizon and the lack Of comprehension
of the forces that are actually NOV
wing society puts the defenders OF
the old injustice at a disadvantage
when they give any sort Of an oppor-
tunity to those that represent the
vital tendencies Of the present.
Those who represent the mine own
ers, the Standard Oil interests, capi-
tai and established systems of govern
ment in this great legal struggle be-
tween the economic forces of society
feel, as all failing systems have felt
historically, that they must make
great and strenuous play for 'law and
order" They see no humor in the
situation. claw and order" are the
universe to them. They do not see,
as the working class do instinctively,
that the law aud order of which the
upper class prate the law and order
solely of, for and by this class. So
they have been loud in their protesta'
tions for "fair trial"
As a result there Is no doubt that
the attorneys for the prosecution have
made every effort to bring the Jurors
under the statutory requirements. The
majority of those called have evidently
answered the questions honestly as to
their state of mind. And these ans
wers have shown such prejudieed
state of mind, evidently against the
prisoner, that il has compelled the
prosecution to see large venires ex'
hausted practically without making
any headway. This has been rather
CALLING to those who have been assert
ing right along the community was
pnpreiudiced, and there would be no
difficulty whatever in getting "fair
trial. {" This prejudice against the pris-
oner is also tending to have its infiu'
ence in his favor. And the sentiment
in the court room now seems largely
10 favor the defense.
The defense has in its attorneys
most able, keen and resourceful law
yers. They let no man escape II there
is a suspicion that he is harboring
state of mind prejudiced to the inter
ests of their clients, and 80 relentless
have been the batteries that they have
turned upon the prospective jurors,
that most of them have preferred not
10 try to stand the fire, but have
promptly admitted that their minds
were made up.
Those that have passed the ordeal
are probably as fair as could be ex'
pected where the accused man is not
allowed to be tried by his own class,
by laboring men, and union men.
A peculiar circumstance came up
on Saturday by which the prosecution
unconsciously, or with mistaken idea
of the value Of what they disclosed,
showed its hand and the line Of attack
which the state win follow.
Tourtelotte, an architect, who has
the contract on the new capitol, stated
in his examination that he did not be-
lieve in capital punishment, or in tax
ing human life except under two con-
ditions; one Of those was war, and the
other that of an insurrection TO over
thorw society, as for instance, the at
tack Of anarchists. He said any man
had the right to take the life of an
other to protect himself, AZ in self-de'
fense, and society had the same right
to protect itself, and to kill others in
self-defense. When asked IL he felt
the same toward socialists as toward
anarchists he said he did not know
enough about socialism to Judge.
Clarence Darrow asked him il he
referred to the Western Federation of
Miners when he spoke Of an organiza.
tion banded together to overthrow ex.
isting society.