The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-05-09

Motion Oyerruled BY the Judge and Exception
Taken by Counsel for the
Defense.
Work of Securing Jury in the First OF he SoCaed Dyna-
mite Cases Will Begin Today

Boise. May S.-By overriding today the
motion of the defense for a bill of par
ticulars setting forth what overt acts, If
any there were to connect the accused
with the murder Of former Governor
Frank SteuEenberg. Judge Fremont Wood
OF the district court OF Ada county cleared
The way for the trial of William ID. Hay
wood, secretary Of the Western Fedora
ton of Miners, which will begin tomor-
row morning. Judge Wood held that the
request of HaywoOd's counsel for more
explicit statement of the charges against
the prisoner came too late, regardless of
whether or not it might have been en-
tertained at an earlier stage of the pro-
ceedings. In cases where bills of particu-
lars are allowable, the men who are to
miners declared the motions must be
made before the indictments are pleaded
10 and before the cases are set for trial
Haywood's Trial First.
Haywood is the first of the four men
accused of completely in the Steunenberg
murder TO be selected for trial. The 9TH
ers-Moyer Pettibone and Orchard, the
last of whom is said to have made con-
fesslon, will be tried as circumstances
dictate following the conclusion of the
proceedings against Haywood.
Tonight the prisoner, his counsel and
the attorneys specially retained to present
the case and plead the cause of the &C
cusing state are ready for the long ordeal
jn court The first and one of the great
tasks of the court is to secure a jury
and that will be commenced tomorrow
morning as soon as Sheriff HOdgin has
intoned the formal cry opening the court
Estimates of the time necessary to Sc
lect twelve men, good and true vary, but
practically none of them place the time
under three weeks.
Jury Will Be Hard to Obtain.
The victim of the Caldwell assassina-
tiOn. long a conspicuous figure in the
political life of the state, was personally
known to hundreds of the citizens of Ada
county, and personal alignment and par
tisanship on the labor situation in which
The prisoner and his co-defendants were
for long period active leaders, is quite
general. so that it is at once a difficult
and delicate task TO find men free from
the disqualifications that unfit them for
the high duty of a juror.
Many men who know the community
very well and who add to their calcula-
ton the further handicap of apprehension
OF future violence for revenge, take the
extreme view that it will be impossible
TO secure a jury. but the weight of opin-
jOn is against this extreme conclusion.
Case of the State.
There is as yet no indication of the
scope of the case which the state will
seek to prove against Haywood. It is
naturally assumed, however. that Messrs.
Hawley and Borah will seek to make the
showing as 10 the alleged conspiracy as
broad as possible. without endangering
il upon appeal. assuming that there is a
conviction Discussing this phase of the
case one of the counsel for the prisoners
said:
The broader the scope of the case Of
fered by the state, the better we will be
satisfied"
Nearly forty special correspondents for
press associations and newspapers have
come to Boise to report the case, and
special wire arrangements have been
made for the transmission of their dis
patches.
cal of the modern west is characteristic
caIIy serene and placid on the eve of the
first OF the great trials. There was no
A great influx of visitors today, the news
paper and mazagine writers and others
whose business has called them here.
having arrived singly and in lows and
threes during the last ten days. All have
been surprised at the seeming lack of in
terest manifested by the citizens of this
capital city OF the state. One finds on
arriving here that the discussion of the
case is confined almost entirely to the
newcomers.
Boise Citizens Not Excited.
The residents of Boise seem satisfied
that equal justice will be zone and they
are content TO let the matter be threshed
out in q court of law. This city is far
removed from the mining country. rail-
way communication with the Occur
d'Alenes and other districts being cir
cuitous and in some instances all but un-
available. Ada county, in which Boise
IS situated. is a county of large agricul-
turai interests. Irrigation has made the
land wonderfully fertile and farming is
the one great industry. Labor unions and
unionism are practically unknown TO the
men who till the soil. II is from among
the farmers that the jury may be Sc
lected.
There is nothing on the surface tonight
to indicate any feeling in any quarter
of the county either for or against the
prisoners. The day has been one of per-
feet summer conditions, the sun at noon
having a touch of July warmth in its