The Washington herald., 1907-06-04


der of Frank Steunenberg. twice COVER
nor Of the State of Idaho. on the S0th day
of December. 1905. was completed early
this evening. The jury was sworn, the
indictment was read. and the announce
ment made that the defendant had al
ready pleaded not guilty. After the court
had given explicit instructions for the
safeguarding OF the jury during the prog
ress Of the case. adjournment was taken
until tomorrow morning.
James II. Hawley viii make the opening
statement for the prosecution. He said
this evening that it would probably take
him not more than an hour, He will out
line in a general way what the State ex-
poets TO prove.
II will be charged by Mr.. Hawley I'm his
opening statement that Haywood. Meyer.
and Pettibone were the authors Of a plot
that had for its object the punishment by
violence Of those men who had been most
prominently identified with the forces op-
posing the campaigns Of lawlessness with
which the Western Federation OF Miners
was identified in Idaho. in Colorado, and
in other States.
To Prove Steunenberg's Last Words.
By way Of strengthening the accusation
Of conspiracy in the Steunenberg case an
effort will be made 20 identify Haywood
and the others with the dynamite outrage
at Independence, Colo; with the shooting
Of Collins. superintendent of Smuggler
mine, az Telluride; with attempts 10 kin
two judges Of the Supreme Court Of Colo
rado, and with other crimes Of violence
with all Of which the confession Of Harry
Orchard is said 20 have connected the fed
Grafton leaders and Of which the prosecu-
tion claims to have sufficient corrobora,
tion.
Following his opening statement, Mr.
Hawley will put on the stand as the first
witness for the prosecution, c. f. Wayne.
of Caldwell Wayne was a near neigh
Dor Of ex-Gov. Steunenberg, and was one
Of the first persons to reach him on that
December evening after the ex-governor
had been blown Up by the bomb. He was
present when SteunenbeTg died. fifteen
minutes after the explosion. and be heard
the last words that he said Other early
witnesses viii include other neighbors Of
SteUnenberE. Orchards testimony will
not be introduced for several days yet,
and he may not take the stand before
next week. 1t is expected that his direct
evidence will take three days IN detail
His cross-eXamination may last the same
[ length of time
Filling of the Jury Box.
In the conduct Of the case. Hawley will
examine the States witnesses on the Gi-
rect. The cross-examination for the State
will be for the most part in the hands of
Senator BOrah. who will also sum up for
the prosecution. On the other side, Dar-
row and Richardson will do the bulk Of
the court work Il is planned that Dar-
row shall make the opening statement
for the defense after the States case is all
In. He and Richardson will both argue
in closing the case and submitting il TO
the jury. Darrow is 20 examine the de-
fenses witness-in-chief. while Richardson
| will Cross-examine Orchard and probably
most Of the witnesses for the State
Haywood has completely recovered. and
when court opened this morning he was
/ in his accustomed seat, intense and satur-
nine as usual II became promptly evi-
dent that Judge Wood was determined to
complete the jury to-day, for he several
times cautioned the lawyers 10 keep to
material points.
They started in 10 disquaIfy Alfred
/ Eoff, once paymaster for the Wells-Fargo
1 Express Company. but he qualified. Three
| separate times Mr.. Richardson, for the
| defense challenged him. and each time
| Judge Wood, after questioning the tales
man himself Overruled the challenge. The
/ defense was determined not 20 let Eoff
stay. however, for 1t peremptorily chal-
lenged him. This exhausted the peremp-
| tory challenges. and it became plain that
I the bCx must soon be filled. II was filed
| soone- than anybody expected. however
and by TIE very next man up. His name
| is c. V Sebern. He is d farmer and cat
| tie breeder Of many years standing.
Defense Thinks Jury Hostile.
After the jury was sworn Clarence
Darrow and E. F. Richardson, counsel for
/ the defense, issued this statement:
The Haywood jury is made up of
eight Republicans, three Democrats, and
one PrOhibitionist.
| 1T consists of nine farmers, one real
estate agent. one building contractor. and
one foreman Of fence construction on a
railroad.
There is no man on the jury who
works for wages, or who has ever be
longed 70 a labor organization, excepting
| Burns-who was a member of a carpen-
| ters union fourteen years ago-or who
! has eTer been student of trades union
| ism or the labor question.
In the 2a-odd jurors drawn not more
| than three trades uni0nists were placed
in the panel. and these were excused for
! conscientious objections TO capital pun
| ishment and for fixed opinions. The
! jurors drawn have been mainly farmers
| interspersed with a large number of
bankers and some business men.
The jurors appear to be men honest
! purposes. determined to give the de-
fendant a fair trial. but It is uniformly
made up of a class to which none of the
/ defendants have ever belonged and who
have no natural kinship to labor organi-
| cations In addition TO this they are
drawn from a small county almost wholly
! agricultural and each member for a
year and half has read little about The
| case except what Is contained in the
/ Boise daily papers, and this has been uni
| formly hostile to the defendant Nearly
all of them admitted that they had
framed their opinions and impressions
from what they had read. and necessarily
these must have been against the de-
feHdant'
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