The Cairo bulletin., 1907-05-07
LAWYERS CLASH
| ON EVE OF TRIAL
RERy ARGUMENTS FOR AND
AGAINST BILL OF PARTicu-
LARS IN HAYooD CASE.
|EFENDANTS IN DARK
to Mature Of Charges, Claims In.
dicted Miners Attorneys---No
Change in Plans Of the
Prosecution.

Boise. Idaho, May G.Tidge Wood
II on Wedn sday decide IL on the
b of his trial for the murder OF
'mer Governor Stennenburg, VIII.
m Haywood is entitled to receive a
| CT particulars. spec flying overt
Is charged against him. The mo-
n OF the q fense for this disclosure
the case OF the safe was argued
length today, ard at the conclusion
court announced 1t would make a
cision at the time stated.
fhe prisoner, under guard Of Sheriff
>dmin and two q pu,ies, was
onght into court for the argument
his counsel. Both Frank Rich
lson of Denver and Clarence Oar
w of Chicago pleaded In his behalf.
Senator Borah alone spoke in be-
|lf of the state.
}ichardson, who opened the argu.
nj, contended the indictment was
fRing. particularly in that 1t left
u defendants in the dark as to the
tlre CT the case to be presented
Eainst them. and that the defendants
IRE entitlAd 10 more specific show
: of the hase. He submitted an ex.
lded brief citing a great number OF
thorities and precedents in favor
his contention
|Borah, replying declared the de-
lse was seeking disclosure of the
oof in the hands of the State rather
an more perfect pleading and
|serted the riports contained net n
hgle authority that would support
|ch contention.
Mysterious, Unfair and Unjust.
barrow. who closed the argument,
ia II was the purpose of the de.
use TO secure disclosure Of the
|idence in the hands of the prosecu.
In and asked why the defense was
|t entitled to such a showing. He
hde a spirited attack upon the atti-
he OF the prosecution towards its
illnesses and evidence. d scribing IL |
myterious, unfair and unjust.
He asserted the only question in
lived was one of fairness and justice |
the accused, laid stress upon the
'ficulty Of securing testimony from
fant points and danger IN the do
hse Of surprise" testimony and pas,
bnately asserted the rights of the
isoners were as much In the hands |
the prosecution as in the keeping
the defense.
In answer TO Judge Who'd. Dar
w said that the defense was not
hdy to go 10 trial. but Richardson
.errupted him TO make a qualifica-
IN that the def nse was as ready
It ever cculd bo in the circum-
lnces where the case of the state
IS withheld from H. He said that
all other respects the d Tense was
ldy.
Richardson responding in brief TO
0 argument of Borah, said the coun-
for the state made no distinction
his arguments between overt acts,
lich the State would seek to show
ainst the prisoners and evidence by
Itch Il woeld seek TO show the com.
ssion of alleged overt acts. The
fense. he said, wished 10 know
lat the overt acis wsre.
Borah closed the discussion with
rited speech in which he defend
the secrecy in obtaining witnesses,
tancing the loss of two in Colorado
sterday, disavowed any desire for
Y mans blood unjustly and ayowed
, purpose of the state was TO do ns
~.
Neither side has let slip its plans,
.ept In lation to Harry Orchard
, confessed assassin. He will be
ced upon the stand TO lay the foun
ion of the wholesale murder con
racy the state alleges existed in
miners union. s
Hawley and Borah
te that they have developed no
v evidence, that the case against
miners will be presented on the
ginal lines, which is Orchards tes-
ony and such corroboraiion as De
tive MsPsrland has been able TO O
cure tF
There are ABSOLUTELY no new leads 0
this case" Detective Mcfarland c
tonight. NO new evidence has {
N unearthed and there will be n
ie." !,
Important Defense Point. S
me important part of Harry Or j
rd's confession is TO be annihi- s
d by tes imony from disinterested n
nesses, men who reside in San S
ncisco. who are not miners nor
le owners Orchard told Governor D
ding ami Mcfarland that he plac b
? bomb on the porch of the Lin n
n fats in San Francisco a year h
last November. and that the pur- s
e was to Kill F. W. Bradley. 4 d
ing superintendent. An explosion
urred and wrecked the front Of