Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1907-05-09
The TRIAL BEGINS
WILL DECIDE WEDNESDAY
Laws Of Idaho DO Not Require That
state Furnish tho information
Asked But the Court May
90 Rule.

! Boise, Idaho, May fudge Ere
mont Wood win on Wednesday next
decide, II on the eve Of his trial fol
the murder Of Former Governor Frank
steunenberg. william Haywood is en-
titled to receive at the hands Of the
state a bill Of particulars, specificatine
the overt acts charged against him.
The motion Of the defense for this
disclosure Of the case Of the state
was argued at length Monday and at
the conclusion of the discussion the
court announced that 1t would make
decision at the time stated.
The prisoner under guard of Sheriff
Hodgin and two deputies was brought
into court for the argument and Of
his counsel, both Frank Richardson Of
Denver and Clarence Darrow of Chi
cago pleaded in his behalf. Senator
Borah alone spoke In behalf Of the
state, although James H. Hawley, his
associate, was In the court room when
the proceedings began. The discus
sion always earnest was characterized
at time by deep feeling and dramatic
intensity.
Mr.. Richardson, who opened the ar
gument, contented that the indictment
was lacking particularly, that 1t left
the defendants In the dark as to the
nature Of the case to be presented
against them and the defendants were
entitled to a more specific showing
of the case. He submitted an extend
ed brief citing a great number of au-
thorities and precedents in favor of
his contention.
Mr.. Borah in reply declared that the
defense was seeking a disclosure Of
the proof in the hands Of the state
rather tran more perfect pleadings
and asserted that the reports con-
taiHed no single authority that would
support such a contention.
Mr.. Darrow, who closed the argu-
ment, began by saying that 1t was
the purpose Of the defense to secure
a disclosure Of the evidence in the
hands of the prosecution and asked
why the defense was not entitled to
such a showing. He made a spirited
attack upon the attitude Of the prose
cution toward its witnesses and evil
dence, describing 1t as mysterious,
unfair and unjust. He asserted that
the only question invoved was one Of
fairness and justice to the accused,
laid stress on the difficulty Of secur-
ing testimony from the distant points
and the danger to the defense of "sur-
prise" testimony, and impassionately
asserted that the rights Of the prison
ers were as much in the hands Of the |
prosecution as in the keeping Of the |
defense.
In answer to Judge Wood, Mr.. Oar
row said that the defense was not
reany to go to trial, but Mr.. Rienarz-
son interrupted him to make the quail
ification that the defense was az ready |
as 1t ever could be in the circum-
stances where the case Of the state
was withheld from It He said that
in all other respects the defense was
ready.
Mr.. Richardson responding In brief
to the argument Of Mr. Borah said that
the counsel for the state made no
in his arguments between
the overt acts which the state would
seek to show against the prisoners
and the evidence by which It would
seek to show the commission Of the
alleged overt acts. The defense
wished 10 know what the overt acts
were.
Mr.. Borah closed the discussion with
a spirited speech in which he defend
cd secrecy in obtaining witnesses, In
the loss Of two In Colorado
Sunday, disavowed q desire for any
mans blood unjustly, and avowed the
purpose Of the state to do its duty.