Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-05-06
APPLY FOR BILL
Of PARTICULARS.
Attorneys For Haywood, Meyer
and Pettibone Attempt to>
Force States Hand
ROOSEVELT REPLIES TO UNIONS
While the Presidents Letter Will Not
Affect Commencement Of Haywood's
Case on Thursday, It Has Aroused
Storm. of comment-counseI for De-
fense Not Ready to Answer.

Boise, Idaho, May 6.-An application
for bill of particulars, filed by coun-
sci for the defense, in the case of Will
liam D. Haywood, secretary and treas
urer of the Western Federation OF
Miners, who, on Thursday next will be
placed on trial charged with thermurder
of former Governor Steunenberg. came
up for argument this morning before
Judge Wood E. +. Richardson, of
Denver, and Clarence S. Darrow, : of
Chicago, will represent the defendants.
The argument on the part of the state
will be presented by Senator w. q.
Borah, and o. NJ. Van DWyn, public
prosecutor. l3orah has been retained as
special counsel in the case for the state,
to assist James II. Hawley, leading
counsel in the case. Counsel on both
sides admit that application for bill
of particulars is not likely to affect
the case materially. A bill of parlicu-
lars in case of murder is some what
unusual, but as this case presents Ger
tain peculiar features, counsel for pris-
oners express themselves of opinion that
they should complete their4 reAord by
the course they have taken. Haywood
is charged with the actual murder OF
Steunenberg. 1t is admitted by the
prosecution that Haywood was not in
the state of Idaho at the time the mur-
der was committed, but the claim of
the state is that Haywood ,conspired
with the actual execution of the crime,
and that therefore he is guilty of the
crime.
State Will Fight Bill.
The purpose of the application far 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 expects
to link Haywood with the murder. This
would necessarily mean to expose the
evidence in hands of the state and the
motion for bill of particulars will be
opposed by the states attor-
ney.
Letter Arouses Comment.
President Roosevelt's letter to the
committee of the New York labor un-
ions. replying to their request for evil
dence as to his reasons for calling
Meyer and Pettibone "unde-
sirable citizens" was published here
today The reply has aroused no little
comment. Counsel for the defense are
not yet ready to make any answer to
the presidents letter, a copy Of which
has been forwarded to them.
stt5 Roadv fnr ~ ~ adj afo rial
Nothing is done by counsel for the
their clients, and early today Darrow
read the letter to Haywood, Meyer and
Pettibone. It is probable that an in
terview or reply to this letter will be
Forthcoming. The presidents reply
opens up "a field for discussion of the
legal aspect of the case for the pris-
oners, but it is not believed that it will
have any effect on the commencement
Of the case on Thursday, both sides
having expressed themselves ready and
anxious for an Immediate trial
Immediately before the opening Of
court Clarence Darrow, Of counsel for
The defense, said to- the Associated
Press Under the laws and constitu-
ton, Meyer, Haywood and Pettibone
are to be tried in court by jury Of
their peers. The forum is the state
court of Idaho. Under these facts, I
10 not see what there is for the presi-
lent to do. All we have the right, or
lesire, to ask Of him or any other cit
zen, is to leave the courts and juries
% administer the law fairly and with
,ut prejudice, and without influence
rom the outside