The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-05-06
Counsel in Idaho Murder Case
Emphatic
ALL ROOMS IN BOISE TAKEN
State Will Spend Large Sum and De-
fense Fund Raised by Union La
Dor Is Found to Be Very
Heavy.

Boise, Idaho, May 5-Practically every
available room In Boise has been reserved
for lawyers, witnesses or newspaper men
in attendance on the court which will try
William d. Haywood on the charge of
murder of former Governor Steunenberg.
That there might be some delay has
been intimated from time to time, but
the fears of this have now been dissipat-
ed by statements emanating from both
sides. Clarence Darrow of Chicago and
E. +. Richardson of Denver, Jointly lead
ing counsel for the defense of Haywood,
have both stated they are ready for trial.
Counsel for the prosecution, James II.
Hawley and Senator w. e. Borah, who
have been engaged especially, are of the
opinion that there will be no further de-
lay. An application for a bill of particu-
lars filed by the defense will be argued
tomorrow morning before Judge Wood,
who will try the Haywood case, but as
his decision is not appealable 1t is not
thought that this will cause a postpone
ment.
$4,000 Already Spent.
The state has already paid bills totallng
S52,000 and at the last session of the leg
stature of Idaho an appropriation of $780,
600 additional was unanimously passed.
all parties concurring, for payment of
expenses of the trials.
The defense fund raised by union labor
throughout the country and an emergen-
cy fund by the miners federation is re-
ported to be very large and the total cost
of carrying on this case from first to
last will be enormous.
James II. Hawley leading counsel for
| the prosecution, was asked today to ex-
plain the reasons for the delay in the
trial of Haywood, Meyer and Pettibone.
1t has been charged that the state has
wilfully caused the delay and that the
prisoners have been kept in oonfinemen
without trial for an unwarranted period
Mr. Hawiey said;
Beagoas for Delay.
"The revised statutes of the United
States treating of appeals to the supreme
court of the United States from United
States circuit courts in habeas corpus,
where a prisoner is held by a state court,
makes null and void any action of the
state pending an appeal. The great ma
jority of courts of last resort hold any
action on the part of the trial court alb
solutely void until the decision of the
supreme court Of the United States has
actually been rendered. 1t will be seen
therefore that If in May, 1906, we had
proceeded with the trial In the trial court
of this state before the decision of the
supreme court had been rendered, the
defendants would have been discharged.
as they could not a second time be put
in jeopardy of their lives.
Senator Borah and myself. acting for
the state. shortly before the convening of
The district court in May, 1906, called the
attention of the defendants attorneys to
this provision of the United States stat
utes and stated in a letter to them that
we were ready and anxious for an imme-
diate trial and If they also were ready,
they should arrange matters so that we
could proceed to trial without harm be-
ing worked to tho defendants. We point
ed out that all of their rights would be
saved, If the appeal from the circuit
court was dismissed.
"The attorneys for the defendant an
swered our letter, declining to dismiss
the appeal and expressing themselves as
fearful that a question of jurisdiction
might arise upon the proceedings of the
supreme court OF this state which would
be Injurious TO them If the appeal to the
United States circuit court was dis
missed"
Persistent Demands.
On the cause of delay Clarence Darrow
of counsel for the defense had this to say:
THE defendants have not only been
ready for trial, but have insisted on trial
all the time since the indictments were
returned, fourteen months ago. Every
motion for continuance has been made
by the state and resisted by us. After
the men were brought to Idaho, wrts of
habeas corpus were asked in the state
court and In the federal court to cover
any question OF jurisdiction that might
arise. Both of these cases were advanced
for as early hearing as we could get"