Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-05-08
Judge Fremont Wood Denies tho
Motion of HayWood's Coun-
sci for One.
TRIAL TO PROCEED TOMORROW
Granting of Bill Could Not Convey
Any information to Defendant
He Doesn't Possess.
Holds He Waived His Right When He
Pleaded 10 ndictmeut-Counself for
Defense Noted Exception.

Boise, May s.--Thc motion for o bill
Of particulars, filed by the defense IN
the case OF w. d. Haywood, secretary
and treasurer OF the Western Fedora
ton Of Miners charged with the muir
der Of former GOV. Steunenberg, has
been denied by Judge Fremont Wood.
Counsel for the defendant noted an
exception 10 Judge Woods ruling. They
then announced that they would he
ready for the trial to proceed tomorrow
morning. Haywood was remanded to
the custody of the sheriff and court was
adjourned.
FEW IN COURTROOM.
Other than the lawyers and newspa-
per writer's there was less than score
of persons in the courtroom this morn
ing, when Judge Wood announced his
decision in the matter of bill of par
ticulars, filed by the defense in the
case OF William d. Haywood. the first
Of the officials of the Western Fedora
ton Of Miners, 20 be called for trial ON
the charge Of completely in the murder
Of former Gov. Steunenberg Haywood.
clean chaven and alert, was brought
| into court by iailer ana took his place
beside his counsel Messrs, T. +. Rich
ardson of Denver and Clarence :. Oar
row, of Chicago
Judge Wood disposed OF several mo-
lions in civ.l cases before coming to the
matter OF the bill OF particulars under
| ihe Haywood indictment
| The special counsel ror the state i'm
! he trial of the miners were All present
| this morning for the first time. James
| W HaWley OF Boise senior counsel
| and one Of the most prominent criminal
| lawyers in the west sat beside United
states Senator w Il. Borqh, with pub
lie prosecutor Nandyn, the third of the
lawyers at the states counsel table.
JUDGE WOODS DECISION.
In deciding the motion, Judge Wood
said in part:
An examination OF the indictment
In this case discloses the fact that the
| offense charged IN each count is SET
| forth with great care and particulari-
ty, the time and place are specifically
set forth as we'll as the person upon
whom the assault was made, and the
| specific means by which the blow
! which produced death was struck. A
| bill of particulars could not convey
information 10 the defendant upon
these questions which he does not al
this: Assuming that this state must
| prove conspiracy and that the de-
| PENDANT WAS connected Herewith, which
conspiracy resulted i'm the death OF
Frank Steunenberg, is the defendant
entitled TO the standardization of the
several acts or circumstances upon
| which counsel for the prosecution re-
~ in order to connect the defendant
with such conspiracy?
Il do not think H. necessary to state
at this time what tho court would do
If this application had been presented
before plea 70 the indictment or be-
fore the case was set for trial. AS
the court now views the matter, the
defendant has waived his right 10 such
bill of particulars not only by plead
ing to the indictment, but, further.
by permitting the case TO be set for
trial without making such application.
The plea ni not guilty TO the indtct-
mont herein, was entered, as shown
by the record on the 10Th day of March,
1906.
"A further examination OF the record
discloses the fact that after argument
by counsel On May 81. 1906, an order
WIS entered staying all proceedings III
this case until the appeal In the mat
ter OF hab6as corpus IN the United
States circuit court, district OF Idaho.
to the supreme court az the United
States nnally determined. No othoH
the case until the Marcn term, 1907, IN
Canyon county, when the defendanta
application for change OF venue
heretofore filed was heard by the court
and AS q result OF said application this
cause was on March ~ transferred
from the district court of Canyon coun-
~ 10 this county for trioI. Immediate
IS following the ruling OF tho court
upon application for change OF Venue.
counsel for defendants in open court
gave notice that tho defendants would
demand separate trials, and Il was
also stated that the defendants would
bc ready for trial at such times us
might be fixed by tho court. At tho
opening of the April torn of court lu
this county tho defendant ana his at
torneys bong I'm court and conseutlup
thereto. the tlEe tor trial was hXut
FOR May ana / assume that prtpar
lions have been made therefor
ur'bis p,oti,r .u,nenra Ia buyn bss,
ala "a, itj1 ro,Irt an AMI u .rb.
co,r, has h.cr in ai,pnst continuo,s
session since April ], whom the caus.
WAS set FOR trl.I H. I'm the pxcrci-t