The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-06-04

Defense Forced to Expend Its Last Peremptory
Challenge and the Rest Was
Easy.
indictment Read the Accused and the Case of the State viii
Be Outlined Today.

Boise. Ida: June S.-Twelve men to
try William D. Haywood for his life on
the charge that he murdered Governor
Frank Steunenberg have been chosen and
bound by oath to honestly deal the laws
justice between state and prisoner Hay
wood has heard the Indictment charging
him with the ,crime and tomorrow after
the state has recited its case and made
promise of proof the first chapter of the
quickening tale Of the Caldwell crime
Will be retOld
Defense Protested in Vain.
The wearisome work of jury selection
ended quickly and Unexpectedly this
morning. Alfred Eoff, the first talesman
examined, was declared qualified after
strong and repeated protest from the de-
tense. Eoff said that he had an opln-
ION. that he would carry his opinion
into the trial, that he could not presume
the defendant innocent, and that ne woulc
not like to be tried himself by man
who had any opinion. but despite these
kc0nditions of his mind he thought that
y1f sworn as a juror he could fairly try
the case according to the law and evil
dence. Four challenges for cause against
him failed. but the minute ne was passed
the defense expended its tenth and last
challenge to get rid Of him.
Last Man Selected.
o. Y. sebern, the next talesman called,
proved the last one needed. When a resi-
dent of Wyoming Sebern served as
member of the Tom Horn jury and the
defense went into the question quite thor
oughly. but in the end the talssman quar-
flied in a manner satisfactory to both
sides. The defense had contemplated max
ing a request for permission to reopen the
examination of certain jurors, but this
plan abandoned and when Judge
Wood ordered the jury sworn no obJec-
either
Jury Sworn in.
The court room hushed TO silence as
the twelve men rose in their places and
facing the clerks desk on the left. raised
their right hands in solemn assevera-
tion Of their pledge to do exact justice
scene and there came another two hours
later, when after the midday recess,
Haywood listened TO the reading of the
indictment against himself. Meyer, Pet
tfbone and SimpIins. HAYWOOD had come
10 the court room whtened somewhat
IN color by his illness of Saturday, but
the clerk walked in front of the jury
box and began reading the indictment,
little tide of blood came up along his
ueck and spread over mis- cheeks. lie
looked away from the scene directly in
front of him for few moments and then
more self-possessed, returned his gaze TO
the jury box His wife and daughters
sat at his side during the brief after
noon session, at which the indictment was
read Haywood talked with them and
his counsel after the statement was read
and then as he rose to return to his
cell, smiled a friendly greeting at a friend
sitting near the end of the bench.
HawIsy's Statement Today.
Tomorrow morning at $50 a'clock James
H Hawley for the state, will address
the court with the states opening state
Inent He has prepared no manuscript
and said today that he would be very
brief. Il am going now TO think the
md iOf hos d
tngs,' he said. +and from those head
ings I win talk. 1 may write one por-
ton of the opening statement and if l
do I shall read it when ! come TO it.
Broadly speaking, the state viii charge
that Haywood conspiring with Meyer
Pettibone. Simpkins and others of the
FEDERATION of Miners. plotted a campaign
MOI terrorism that had for its double pur-
bose the removal by assassination of
those opposed to the organization and the
retention and increase. of control and
power within the organization.
viii Charge Many Grimes.
II will allege that the explosion at the
Nindicator mine. the blowing up of the
independence depot the murder of Light
Gregory, detective of Denver; the muir
der of Arthur Collins of Telluride the
alleged blowing up of Fred Bradley of
San Francisco. and the alleged attempts
on the lives of former Governor body
and Judges Gabbart and Goddard of
conspiracy to which the murder Of Gov
ernOr Steunenberg was incidental. II will
be charged that Haywood was the genius
Of and the strength behind the great
plot and that Steunenberg was added to
the list because of his part during the
labor troubles in North Idaho.
It will be alleged that Haywood and
his associates standing and working i'm
the background planned the long list of
crimes ard sent Harry Orchard and Steve
Adams forth as hired executioners.
The States Evidence.
In sequence the states testimony will
begin with a rehearsal of the grim Cali-
well tragedy in which Frank Sfeunen
the night of December 80 1906 and then
the presence at Caldwell of Harry or
Of the executive board of the Western
Federation of Miners, will be shown.
After that Harry Orchard, who actually
murdered Steunenberg. will be connected
Chard will he called to the stand to re-
tell the confession which. il is alleged he
made to Detective MCFARLAND. After that
will come the states effort to cOrroborate
the Orchard story and to clinch bv other
testimony the general part of the Western
Federation of Miners. the particular part
of William D. Haywood. alleged in CON
neetion with the murder of Frank Steu-
nenbers.
In the work of securing the HAYWOOD
jury the court has been in session fifteen
days. one hundred and fifty-siX tales
men have been examined. OF this number
thirty-four have qualified. including the
twelve men now in the box. Juror Orric
Cole. was excused on account Of sickness
and J. f. TourteIlotte was excused after
denomination on the ground of OPPOSE
ton to capital punishment.
Description OF Jurors.
A brief description of the jury follows:
Thomas 3. Gess--A farmer. now engag-
ed in the real estate and insurance bus
sness of Boise. occupies the first chair.
He is a Democrat. born in Missouri and IS
10 wears of age. Cess knew former Gov
ernor Staunenberg well and while he said
he had formed an opinion in the case he
asserted that he would be able to lay