The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-05-06
BOISE CROWDED
WITH VISITORS
Every Available Room Reserved
for Lawyers, Witnesses or
Newspaper Men.
HAYWOOD TRIAL THIS WEEK
FURTHER DELAY is NOT EX-
PECTED.

ActSS' tVS1ito' May 0--fFdCllCdiiy eN-
cry available room in Boise. the capital
city of Idaho. has been reserved for
lawyers. witnesses or newspaper men in
attendance on the court. which viii try
William D. Haywood on the charge of
the murder of former Governor Frank
steunenberg- While there is little or no
public discussion of the case the under
current of interest runs strong and ev-
cry incoming train brings additions to
the very large number of people con-
nected with the case who are already
on the ground
That there might be some delay has
been intimated from time to time. but
the fear of this has now been dissi-
Dated by statements emanating from
bosh sides. Clarence Darrow, of Chi
cago, and f. F. Richardson, of Dem
yer. Jointly leading counsel for the de-
Tense of Haywood, have both stated
that they are ready for trial Counsel
Tor the prosecution. James II. Hawley.
and Senator w. f. Borah, who have
been engaged specially. are of the opin-
ion that there will be no further delay.
An application for a bill of particulars
filed by the defense, will be argued to-
morrow morning before Judge Fremont
Wood. who will try the Haywood case,
bur as his decision is not appealable.
it is not thought that this will cause
any postponement.
Expensive for Idaho.
This history of the cases of the men
charged with the murder of Steunen-
berg shows much delay. all of which
necessarily has been expensive both
TO the state OF Idaho and the defense
The state has already paid bills to the
amount of $4,000 and at the last session
of the legislature of Idaho an appro-
priation of $4,000 additional was unani-
mously passed. all parties concurTing
When Governor Steunenberg was as
sassinated, the Mine Owners associa-
ton offered a reward of $1,000 for the
arrest of the murderer. Later this
amount was returned to the Mine Own
ers' association by Governor GoOding,
with the statement that the state of
Idaho would defray the cost of the
prosecution of the murder or murderers,
whoever they might be. The defense
fund raised By union iaborers through
out the country, and as an emergency
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.
Cause Of Long Delay.
James H HawIey, the leading counsel
for the prosecution. was asked today to
explain the reasons for the delay in the
trial of Haywood Meyer and Pettfbone.
Much comment has been caused
throughout the country by this delay.
1t has beer charged that the state has
wiifully caused the delay and that the
prisoners have been kept in confine-
ment without trial for an unwarranted
period. Mr.. Hawley said:
THE revised statutes of the United
States treating of appeals to the United
States supreme court from United
States circuit courts in habeas corpus,
where prisoner is held by state courts.
makes null and void any action of the
state court pending an appeal TIE
great majority of courts of last resort
hold any action upon the part OF the
trial court absolutely void until the de-
cision of the supreme court OF the
United States has been actually rem
dered.
1T will be seen. therefore. that IL in
May 1906, we had proceeded to 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
second time be put in jeopardy of their
lives.
Position of Prosecution.
Senator Borah and myself, acting
for the state, shortly before the conven-
ing of the district court OF Canyon
county, in May, 1906. called the atten-
ton of the defendants attorneys to this
provision of the United States statutes
and stated in a letter on the subject
that we were ready and anxious for an
immediate trial. and if they also were
ready, they should arrange matters so
that we could proceed to trial without
harm being worked to the defendants
We pointed out that all of their rights
would be saved if the appeal from the
circuit court was dismissed
1.-THE attorneys for the defendants
answered our letter, declining to dis
miss the appeal and expressed them
selves as fearful that a question of
Jurisdiction might arise upon the pro-
ceedings of the supreme court Of this
state, which would be injurious to them
If the appeal from the United States
circuit court was dismissed.
Ruling of the Court.
ION the opening day of the state dis
trict court in May. 1906, we called the
attention of that court to the section
of the United States statutes, and the
court, after due consideration. held that
no proceedings could be had in that
court as long as the appeal from the
United States circuit court was pending
in the United States supreme court
This ruling necessarily continued the
cases until the appeal was disposed Of
Delays in the trials of criminal cases
almost invariably work a hardship
upon the prosecution and operate in
favor of the defense 1 am not com
planning because the defendants did not
20 on with the trial in May Of last
year by the dismissal of the appeal
mentioned. They acted within their le-
gal rights in refusing, but the refusal
should have precluded themselves or
their friends complaining Of the delay
Statement of Defense.
On the cause of the delay. Clarence
Dsrrow 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.
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