The Grenada sentinel. [volume] (Grenada, Miss.) 1868-1955, 1907-05-11
The Haywood TRIAL begun
COUNSEL READS INDICTMENTS
AND REVIEWS NOTION.
Counsel for the Defense Declares That
They Are Entitled to
Information.

Boise, Idaho, May THE argument
of the motion of the defense for a bill
of particulars in the case of William
ID. Haywood, charged with the murder
of former Gov. ~Steunenberg, was COM
menced before Judge Fremont Wood
at 1O:1 Is a. IN. Monday. BY direction
of the court, Haywood WIS brought up
from the county Jail below to attend
the hearing on the motion.
Sheriff Shad Hodgin and w depu-
ties brought the noted prisoner into
the room and gave him a seat at the
table of his counsel. He was not hand
cuffed. Senator Borah represented the
state and Messrs. Richardson and Oar
row the prisoner.
Mr.. Richardson opened his argu-
ment by reading the indictment OF Hay
wood, Meyer, Pettibone, Orchard and
Simpkins, charged with the murder OF
Gov. Steunenberg.
The motion for the bill of p~articu-
lars recites the absence OF the de-
PENDANTS from Idaho at the time the
crime was committed and that the
lllICIlllSLS lboi ~
that would show the overt acts by
which the state hopes to prove the
guilt Of the accused. When Mr.. Rich
ardson, counsel for the defense, had
finished reading the motion, Judge
Wood Interrupted to ay:
You know, Mr.. Richardson, that
our state had no statute providing for
q, LII % ,o,+io,,1o PC in cnoh races
81 know t~hatSsuch is the case" re-
piled Mr.. RICHARDSON, and l also
know that thessupreme court of Ida
no has had it's attention directed to
the subject but Once. Such a motion,
however, as your honor well knows,
always directs itself to the sound dis
erection of the court"
Speaks of Absence.
Mr.. Richardson again drew atten-
| ton to the absence of Haywood from
the state at the time of the murder and
argued that he was entitled to the in
formation sought by the motion. He
quoted and explained a number OF
authorities in support OF his conten-
ton that, Under general rules of law,
the defendants are enlisted to have
particulars when indictments do not
clearly set them forth.
The defendants being out Of the
st.te at the"tine Of the crime, the
prosecution must have evidence to
connect them by conspiracy O." other
wise with the actual killing. This
evidence the defendants we're entitled
to have in order that they might pre-
/ pare'tOcmeet It.
= Mr.. Richardson declared that the
Indictments did not charge either a
| specific conspiracy or a general con
| sbiracy and 'did not show whether 1t
alleged that the defendants had
} conspired to; murder only o Steun-
| ehberg or to murder a humber Of per
sons:;:The accused, he Said, was there
fore. about, a;year. Mr. Richardson
replied that nearly aNyear ago the de-
/ Tense had demanded trial.
| Mr.. Richardson; after a pause, on
| tihued. saying that Haywood had
| iist drawn his attention to the fact
that last year the defense had been
~Deremptorily refused permission to file
any pleadings, because of the appeal to
the supreme court of the United States
pending. n~s.c - f'."'
The lists of precedents and authori-
ties noted scores of" cases, including
I the famous cases of Tilton VS.. Beech
er: the People Of New York against
Tweed, and the Chicago anarchists
cases. ) 49,
Mr.. Richardson reviewed the only
| Idaho precedent available and con-
tended as to- the time Of making the
motion that it was proper at any day
before the trial. The court asked if
the case had not been ready for trial
| about a year.
Mr.. Richardson contended that the
indictments only showed that Gov.
~Steunenberg had been killed by a
bomb; that Haywood was charged with
| conspiracy to have Steunenberg muir
| dered. and that Haywood was charged
with being present and actually com
hitting the crime, an assertion that
every one knew to be untrue.
Mr.. Haywood" said the attorney,
knows all that he did ct all times,
but he does not know what witnesses
may come here and testify. He is en-
| titled to know every act charged
against him. The indictment gave the
prisoner absolutely no information as
to the nature Of the charge against
him"