The San Francisco call., 1907-06-04
Prisoner Ill Again,
but Condition Is
Not Serious
By Oscar King Davis


BOISE, Idaho, June 3.-At last the
real trial of William D. Haywood,
-ecretary treasurer of the western
federation of miners, for the muir
der of Ex-Governor Frank Steu-
nenberg will begin, after more
than three weeks of effort to Sc
cure a jury. The box was finally
filled this morning by the acceptance
of the part of the defense, after the
exhaustion of its peremptory chal-
lenges of man whose last jury serv-
ice had been to render a verdict OF
guilty of murder In the first degree.
The words OF acceptance were hardly
out of Attorney Richardson's mouth
when the Judge directed the clerk to
swear the jury for the trial of the
case, and the last chance to object to
any of the jurors was gone. The ex-
animation of witnesses will begin to-
morrow morning after Attorney Haw-
ley has made a brief opening statement
for the prosecution
Immediately on the completion of the
jury the court said that 1T expected
the state to open this afternoon. but
Hawley pleaded for time. frankly ad-
mitting that he was not yet prepared
and needed time to make few notes
noon session was limited. therefore. to
the formality of reading the indictment
to the jury and the instructions of the
court to the bailiffs as to the treatment
of the jurors during the trial.
HAYWOOD IN GOOD HEALTH
Haywood came into court this morn
ing as jauntily as ever, with his usual
long swing stride, apparently entirely
recovered from the illness which had
kept him in bed on Saturday. This aft
ernoon, for the first time, he was visibly
affected by the proceedings. The long
procession of talesmen, with opinions
which he could not help knowing were
against him, was not calculated TO
cheer him up and there were times
when he was evidently under a consid-
erable strain.
But the reading of the indictemnt
seemed for the first time to bring him
to the full realization that he was at
last UP against the real thing. For
time he faced the clerk, who stood In
front of the jury and droned out his
official language with its confusing
repetitions. Haywood's jaws worked
nervously over the tobacco quid that
is always in his mouth and. as he
heard the cold, legal phraseology re-
peated over and over again. the blood
surged up in his neck and spread over
his sallow face. His glance dropped
from the reader to the floor, and ne
turned away his face. He was swal-
lowing hard and 1t was evident that
show of composure. His wife and
daughters sat near him, but to them
there seemed no such special signid-
canoe in the proceedings as affecting
Haywood.
LAST CHALLENGE USED
It was apparent very soon after court
opened this morning that the Judge was
determined to live up to his declara-
tion of Saturday and secure the jury.
Alfred Eoff, the Boise banker, who had
been awaiting examination since Fri
day afternoon, was challenged several
times by the defense for implied bias
and for actual bias. the challenges be-
ing all based on Eoffs admission that
he had some opinion which would in
fuence him in judging of the credi
bility OF testimony. but every time he
made such admission Eof always added
that he had no doubt of his ability
to give Haywood a fair trial on the
law and the evidence. So the challeng ges
were overruled and when, after pro-
longed effort to disqualify him for
cause, Richardson had to accept him, 1t
was only to make him Immediately the
subject of the last peremptory chal-
lenge that the defense had.
Eof was manifestly perfectly honest
in his replies. and he has the reputa-
tion IN Boise of being "a good, square
man" Friends of the defense say that
in spite of his opinion he will make
good juror.
FORCED To ACCEPT JUROR
o. V. Sebern, who followed Eoff, was
another good. square man, who knew
In fy, al
and had only such an opinion as one
got from reading the newspapers. He
came from Wyoming and had been in
Idaho only a year and half. But in
Wyoming, where he was a cattleman.
her served on the jury that voted to
hang Tom Horn for the murder of
Willie Nichols. With that record
this jury if the defense had had an
other peremptory challenge.
Both sides have expressed themselves
as satisfied with the jury, although the
defense has been more reserved than
the prosecution.
1T is good. fair, honest jury" said
Hawley of the prosecution. land 1t will
trial.
1T is a jury Of good, intelligent
farmers, but they don't know anything
about labor unions" was the comment
of Attorney Darrow of the defense. IT
is. in fact, a jury of farmers. Ten of
the IL gave that as their present oc-
cupation. and each of the other two
had been farming not so very long ago.
The average age is Sc, and only one
of the IL is under so. They are all
men of family and most of them own
their own places. They are a hard
headed, square jawed, clear eyed lot
of men, who will take lot of convinc-
ing before they vote to take away 4
mans life, but if they are once con-
vinced that he is guilty of murder,
will render their verdict without fear
or favor. 1t is such a jury as will
never be seen at a city trial. and IL Is
well above the average intelligence.
GREATNESS OF CASE
The case that is to be presented to
this jury has not been paralleled in
this country at least since the prose-
cution of the Mollie Maguires in Penn
sylvania 80 years ago.. The opening
statement of Attorney Hawley tomor-
row will not describe the states case
even in outline, but it is known that
the prosecution expects TO show that
there was general conspiracy on the
part of Haywood. Meyer, Pettibone,