The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-05-09

audiences at the street corners and pro-
testing the absolute innocence of the
men accused of the murder of Governor
Steunenberg. The mayor explained to
the socialistic editor and speaker that
the condition of calm and quiet prevail
ing in Boise was so gratifying to the
citizens that they did not think it adj
visabl. tat there should be public
speaking at this time. 1t was pointed
out that the matter of the guilt or in
nocence of the accused parties was for
the determination of {. jury and that
public oratory on the subject might
tend to inflame some weak minded per-
son into the commission of an overt act
which would be regretted on all sides.
The interview was most satisfactory.
ending by the -aayor's caller declaring
that he had no intention of speaking
during the trials and that he agreed
with all the mayor said.
Speculation as to the length of the
Haywood trial has resulted in guesses
ranging from two weeks to five
months There are some who believe
that the task of selecting a jury alone
will require at least three weeks. In
the jury panel reporting today were
only 27 names. two of these having in
dicated that their being excused was
certain. Each side has 10 peremptory
challenges and there are likely to be
many DISQUALIFIED tions.
A formidable array of counsel has
been engaged by both the state and the
accused miners In charge of the pros
ecution are James H. Hawley of this
city; United States Senator w. E.
Borah, County Attorney o. NJ. Van
Duyen and George Stone of Caldwell,
especially employed to represent Can
yon county, where the murder was
committed. Representing the defen-
dantS are Messrs. f. F. Richardson of
Denver: Clarence S. Darrow of Chi
cago; Edgar L. Wilson. of Boise. a for
mer law partner of Judge Wood; John
F. Nugent of Boise and Fred Miller of
Spokane, Wash.
Case Is Called
The big court room was only half
filled at 10 o'clock when Judge Wood
took the bench and Sheriff "Shad" Hod-
gins called the session to order. Gray
bearded court bailiffs stood in the aisleS
ready to preserve order. They had lit
tie to do The opposing counsel were
arranged at long tables on either side of
the witness chair, which is set in the
center of the space within the counsel
rail. AT the defendants table John
Murphy. general counsel of the Western
Federation of Miners, sat with the other
attorneys entered for Haywood. Just
back of the defendants counsel table
sat Mrs: Haywood. wife of the prisoner,
in her invalid chair. She was accom-
panied by her two daughters and
nurse.
Judge Wood made several announce
ments in civil proceedings before he
finally turned to the array of counsel
before him and asked:
rs the defendant Haywood in court?"
'-He is waiting to be called" said Mr.
Darrow.
The next instant Haywood appeared
in custody of Deputy Sheriff "Ras'
Remer employed by Canyon county to
guard the accused miners. Haywood, a
stockily built man, just short of six feet
in height and Weighing perhaps $50
pounds, appeared, clean shaven, this
this morning and apparently his long
confinement, broken as it has been by
daily exercise on the lawn surrounding
the court house, has had little effect
upon his health. Haywood suffered an
accident to his right eye some years
ago, losing its sight. He sat today at
the end of the line of seats occupied by
his family. His chair was within few
feet of the first of the jury chairs which
are arranged directly in front of the
judges bench.
Mr.. Hawley of the state counsel in
formed Judge Wood that in accordance
with the statutes he would indorse on
the Haywood Indictment the names of
all the witnesses for the prosecution so
far as they are known. This was agree |
able to the defense.
All Ready
"Are you ready, gentlemen" queried
Judge Wood.
1--WE are" counsel for both sides
voiced in unison.
Next followed the excusing of four |
members of the regular jury panel of |
q names, leaving but % men to be ex- |
amined at this time.
One man excused, had a sick wife |
and the others had business interests |
which they convinced the court would |
suffer terribly if they were forced to |
serve in this case.
Twelve names were then called and |
all of the empty jury seats were filed |
before the examination of any of the |
-alesmen were begun.
A. L. Ewing, graybearded car
0enter, who sat in the foreman's chair |
vas the first of the panel questioned |
oy Mr.. Hawley for the state. The at
orney inquired first as to the residence |
# the proposed juror He said he had
ived here number of years, coming |
rom Oregon. He was native, how
,ver, of Indiana.
Are you a member of the Carpenters
1nion?" asked Mr.. Hawley.
Are you a member of any union any
vhere?"
mo. sir
Have you heard this case discuss
ID by any one who pretended to know
he facts?"
mo. sir
Were you acquainted with Governor
yes, SIR
How long had you known him?"
about four years"
Ever had any business relations
With him?''
''Yes, 1 held an appointment at the
oldiers' home for while, but for po-
itical reasons my term of office
eased.''
"You were discharged?"
yes"
Then I take it you and Governor
,teunenberg had a difference?'
81 differed with him politically at
hat time
Ewing said he had read Of the case
,retty thoroughly in the papers.
He is a married man and knows none 1
f the defendants Ewing said he had
alked with his grown son regarding
he case and the procedure.