Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-06-03
Remainsin Selecting Hay
wood Jury at Boise,
Expected That Case May Be
Opened by State Today.
Haywood Much Better and Will
Be Able TO Attend Court.

Boise. Idaho, June 2-The work of
procuring a jury in the case of WIN.
ID. Haywood, charged with the murder
Of Former Governor Steunenberg Will
be resumed tomorrow morning unless
the prisoner has q relapse. Today Hay
wood is himself again. Although lit
tie drawn and pale as a result Of the
medicine and the Opiatcs administered
10 relieve him from the acute pains
which he suffered yesterday, he APP
Uearcl to be in his normal condition.
Forty-fGur jurymcn of the vcnire of 81
remained last week. Only one more
pcrclnptory challenge can be used and
this lies with the defence. This leaves
t.vo more to qualify if the defence
should zee fit to exercise its last Chal-
lengc. That they will do 50 is admitted
~ counsel but ii is not expected that
there viii be much difficulty in qualify
ing the two men from the talcsmen yet
to be examined.
With Il jury completed before court
adiourns tomorrow night, the case for
the state will he opened by James II.
IIawlcy, leading counsel. Tuesday
morning. This, tn" first gun in the real
position taken by the state Of Idaho IL
the effort to prove that Haywood. with
Meyer, Pcttibon". Si-nplains ana or
charI were responsible for the death
Of Frank Stcuncnbcrg on The night Of
Dec. 30, 1905.
1t Is now nearly 16 months since Hair
~ Orchard, by his own confession It is
alleged. the assassin of Former Cover
mcnt duplicating what is called the
elmer Circle" oi the Western Fedora
ton Of Miners in the plot to murder
Stcuncnbcrg and in series of crimes
extending over many years of the his
tory Of labor and mining troubles in
Idaho
Intimation Of what Orchard stated III
his confession has come from one
source ana another from time to time
during the proceedings but it may be
said positively that little is known Of
the confession which viii figure it is
said, as the feature of the case against
Haywood first of the prisoners to be
placed on trial.
1t is believed that the state has in re-
serve much to CorrObOrate Orchards tes-
timony. In the procuring of this cor.
agency
figured largely. Capt. James Mcfarland
directed the work. On tile other hand the
defence Of Haywood has been as busily
at work as the prosecution. Detectives
have followed every clue and every init
nation of what the second agency was
doing A large amount of money, esti-
mated to be as much as 5000 has been
subscribed 10y the members of the West
"rn Federation of Miners. an organiza-
ton which has many thousand members.
and by other labor organizations through
on the country.
Counsel for the defence claim that Or
Chards implication Of their client was
made ur from whole cloth ana that he
had nothing to do with the Steuncnberl;
murder. T.. i. Richardson an attorney
Of Denver. will open for the defence, but
it IS understood that it has been agreed
that the ease for til" defence will not be
shown until after the case for tine pros
CCution is all in.
The state will not be able to conclude
under three weeks or possibly ~ days
The case for the defence will take equal
~ as long. 1t may, therefore. he esti-
mated that the case will last 60 days af-
Ter tho opening.
Fremont Wood the presiding Judge is
trying his first important murder trial.
The charge has hccn made by TIE sup
portcrs Of the prisoners that the state
did not intend to give the men 4 fair trial
and it has been the determinations Of tho
judge to prove At tho outset that the ut
most fairness must he had. In fact the
deep probing into the lives of the tales
tat
defence has been = matter of comment.
1t has ut least brought the expressed con-
victicn on every side that if the case is
conducted throughout with a similar i'm
Partially no charge of unfairncss can be
sustained.
Haywood IS a man Of impressive phys
zeal appearance. L was, therefore. 4 mat
ter OF surprise when on Saturday it was
announced that the prisoner was too i'll
to appear in court. Haywood was SUI
fcrinS great agony and was at times IN
commissions and unconscious. OpiateS
were administered with other medicines,
and Z further examination showed THAI
there was nothing serious the matter.
Throughout the case thus tar Haywood
has been close observer of every detail
and has converscd with his counsel on
every point. Physicians say that the
nerve strain and failure to observe the
ordinary rules OF health brought on i
congestion resulting in irritable head
aches The congestion has now been re-
moved.
one Of the possible delays after the
Jury box has been filled is the inclination
on the part of the counsel on both sides
to so carefully over the record of the
men who have so qualified