Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-05-06
For Trial Of Haywood at
Boise, Idaho.
President Roosevelt Wants Only
Exact Justice Done.
Boston Labor Makes Demonstra.
lions For Meyer and Haywood.


for LAWYERS, witnesses or newspaper
men in attendance on the court which
will Try Secretary WIND. Haywood Of
the Western Federation Of Miners on
the charge Of numbering Former Gov.
Frank Stcurcnbcrg at Caldwell, Idaho,
Doc. 20, 1865.
Willie there is little or no public dis
cussi,n Of the Gaze the undcrcurrcnt OF
irterCs st runs strong and every incom-
ing train brings additions to the large
number of persons connected with the
case who are already on the ground.
Fear that there might be some delay
ir the case, set for May 8. has been de-
nicd by both sides. Counsel for tho
prosecution. james II. IIawloy. and
United States Senator W. II. BOrdh, are
of the opinion that there will he no
further delay. Application for bill Of
particulars filed BY tile defence Will be
argued tomorrow before Judge Fremont
Wood. but is his decision is not appeal
able it is not thought thai this Will
cause any postponcmcnt. This history
Of the case shows much delay, all Of
which has been necessarily expensive
to TIL. state and to the defence. The
state has already paid bills to tho
of III. LEGISLATURE an appropriation Of
$4,000 additional was unanimously
passed.. Tho defence fund raised by
union labor throughout the country and
an emergency fund contributed by the
Western Federation Of Miners are re-
ported 10 be large. The total cost Of
carrying on this case from first to last
will be enormous.
L Ia Il
the prosecution. today explained the
reasons for the delay. It has been
charged that the state wilfully caused
the delay. ana that the prisoners have
been kept in confinement without trial
for an unwarrlnted period. MIR. HaWlcy
said:
"Thc Revised Statutes of til" Unit
ed States treating Of appeals to the
United states supreme court from
United States circuit courts in habcaS
corpus. where Il prisoner is held by
state courts. makes null and void any
action Of the state pending an appeal.
The great maiority Of courts Of last
resort hold any action on tn" part of
tn" trial court absolutely void until the
decision of the supreme court of the
Init ID states had been actually ron
dCrci.
1T viii be seen. therefore. That if III
May. 1906. We hau proceeded with III"
case in tn" trial court of this state be-
fore the decision OF the supreme r"urt
had been rendered. tn" defendants
would have bc"n discharged. az they
could not second time be iut ii jc"p-
ardy Of their lives.
Senator Borah and mVt"if ''i"1%
Il
ycring Of the district court III Canyon
county IN May. 1906 called tn" attention
Of the defendants attorneys to this
provision of the United states statutc-
and stated in a letter To them that y"
were ready and anxious for IN imlncdi-
ate trial ana if they We're als" ready
they could arrange matters !" that ""
could proceed to trial without harm be
ing worked To the defendants. w"
pointed out that all of their rights
would he saved if the appeal from tho
circuit court was dismissed.
9Th, attorneys for the defendants
answered our letter. declining to dis
miss the appeal and expressing them
selves as fearful that Il question at
jurisdiction might arise upon the pro
ceilings Of the supreme court or TINS
if the appeal from the United states
circuit court was dismissed.
"On the opcnins day of the stat"
district court in May. 1906. y" called
+hc attention of the court to the sec
ton of the United states statutes ana
no court. after due consideration. held
that no proceedings could be had Ill
mat court a. long rs the appeal from
Tho United States circuit court va
ror1inr in the United States supr"m"
court. This ruling necessarily c"hti'-
nod the case until the appeal was dis
posed of.
"Dclay,, in tho trial Of criminal cases
almost invariably work hardslllPS uP"l
Tho prosecution and op"rat" III FAVOR VI
tho defence. | am not complaining De-
cause the defendants did not :" ON
with the trial in May Of last year ~
The dismissal of the appeal mentioned
Thcv acted within their legal rights III
,efusinC. but the refusal should nave
nrcCludcd con plaint Of tn" delay
n, tho ca,Is. of delay. Clarcrc" Oar
row Of counsel for tho defence. SAID:
.The defendants have not only been
ready for trial. but hay" inS.St'd "h
trial all the time since the indictments
were returned II months ago f'N'tE
motion for continuance has been made
hv the state and resisted by US Altcr
the men were brought t" Idaho. WritS
of habcas corpus were asked i'll the state
court and in the federal courts to cover
any question of jurisdiction that miSnt
arise. Both of these cases were au-
yancod for as early a hearing as we
could get.
"Thc United StatNs statutes provide
that where an appeal is pending I" the
sunrcmc court of the United States. no
Judgment or execution can be carried
out pending that appeal. As applied u
this cast, this statute means that ii the
defendants had been convicted. sen
tence could not have been carried out
until the supreme court had passed on
the appeal; but, in the meantime, the
courts of Idaho had the same right 70
try the men while the appeal was
pending as they had after the appeal
had been disposed of, If there had been
any doubt under the statute. which
al,