The Idaho recorder. [volume] (Salmon City, Idaho) 1886-1927, 1907-05-09
enerd Interest in the Trial Of Meyer, Haywood
and Others is in Evidence.


on the subject that We were ready and
anxious for an immediate trial. and If
they also were ready, they should ar
range matters so that we could pro-
coed To trial without harm being
worked to the defendants. We point
ed out that all OF their rights would
be saved If the appeal from the circuit
court were dismissed.
THE attorneys for the defendants
answered our letter, declining to dis
miss the appeal and expressed them
selves as fearful that question OF
jurisdiction might arise upon the pro-
ceedings OF the supreme court OF this
state. which would be injurious to
them il the appeal from the United
States circuit court were dismissed
''On the opening day of the state
district court in May, 1906, We called
the attention of that court to the sec
tion of the United States statutes and
and the court after due consideration
held that no proceedings could be had
i'm that court as long as the appeal
| from the United States circuit court
was pending in the United States SUI
preme court. This ruling necessarily
continued the cases until the appeal
was disposed of.
delays in the trials of crimina
cases almost invariably work a hard
ship upon the prosecution and operate
in favor of the defense. | am NO
complaining because the defendants
did not go on with the trial in May o
last year by the dismissal of the ap
peal mentioned. They acted within
their legal rights In refusing, but th'
refusal should have precluded them
selves or their friends complaining o
he delay"
A number of the labor unions am
declarations throughout the countr
are to be represented during the trial
iby members especially chosen for th
purpose These representatives wi
, attend the trial and make reports
, their organizations. II was propose
: to have an unofficial jury OF twel'
2 representatives of union labor hear a
2 the testimony and argument an
: formally vote ON the guilt or innocen'
! OF the accused, but it was stated I
I day that this plan had been abandone
7 Several of the union representative
= have already reached Boise, and OF
i ers will come in during the week.
ON the cause Of the delay, Claren
Darrow. Of counsel for the defens
/ has this To say;
= The defendants have not only be-
= ready for trial but have insisted
II trial all the time since the indi'
IS ments were returned fourteen mont
y ago. Every motion for continuan
d has been made by the state and resi-
le ed by us. After the men were broug
n to Idaho, writs of habeas corpus we
)r asked in the State court and the re
y eral court to coyor any question
jurisdiction that might arise. DO
ID of these cases were appealed to I
le Supreme court of the United Stat
nj and the cases advanced for as ca
as hearing rs we could get. The Unit
Dy States statutes provide that where
1y appeal is pending to the suprel
IN court of the United States no ju'
IS ment or execution can be carried
ne pending that appeal. AS applied
i'd this case this statute means that
ne the defendants had been convict
en- and sentenced To death or impris
ment in the penitentiary the sentel
if could not have been carried out III
to the Supreme court had passed ON
De- appeal, but in the meantime
lrt courts Of Idaho had the same right
It's try the men while the appeal
icy pending as they had after the apr
in had been disposed Of. III there co
be any doubt under the statu
ng which there could not, the Suprt
pn- court Of the United States EXPIRE
'on decided the matter in this way in
en- case Of Mrs Rodgers, OF VERNE
10 who was tried and convicted pend
ties such an appeal