The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-05-09
PICKING A JURY.
Trial of Haywood, Secretary of
the Miners Federation,
For the Murder of Gov. Stuenen-
berg Has Begun.
FATE OF THE OTHERS
Depends Largely Upon the
Verdict i'm This Case.
Orchard, One of the Accused,
Has Confessed to Killing.

Boise, Idaho, May 9.-No juror has
yet been chosen for the trial of Will
! liam d. Haywood. OF the original
panel four were excused by the court,
two because of material interests that
would suffer, one because of the Sc
we're illness of his wife, and the
fourth because he had been appointed
city patrolman since drawn. The
examination of the seventh talesman
by the prosecution only was in pro-
gress at the noon recess. OF the 9TH
er six three were excused on chal-
lenge for bias by the prosecution and
three were temporarily passed. The
| latter have not as yet been examined
by the defense. The examination of
the prospective jurors by the prose-
cution included an extended inquiry
as to life and occupation, affiliation
with labor unions, acquaintance with
Governor Steunenberg, attitude to-
ward circumstantiaI evidence the
manner in which the prisoner was
brought to Idaho from Colorado and
capital punishment.
The first disclosure of the names of
the witnesses for the state, other than
those known through the grand Jury
inquiry, was made voluntarily by
counsel for the state before the ex-
animation of talesmen began The
list contains Isl names including
Harry Orchard, former Governor
Peabody of Colorado, Miss Cora Pea
BODY, daughter of Governor Peabody,
w. p. Carlton, president, and c. c.
Hamlfn, secretary of the Mine Own
ers association of Cripple Creek.
rado; Bulkley Wells, adjutant general
OF Colorado; Julian Stuenenberg
brother of the dead governor; steve
Adams, Mrs; Adams. Frank A. Fen
NJ fl70 Twzsf
partment. James MCFARLAND and 9th
er detectives.
Boise, Idaho, May 9.-William D. Hay
Western Federation of Miners, today is
placed on trial for completely in the
murder at Caldwell, Idaho, on December
80. 1905, of former Governor Frank
Stuenenberg. Haywood is one of four
defendants eharged--With the murder
The others are Charles H. Meyer, presi-
dent of the federation: George A. Petit
bone, former member of the execu-
tive committee of the federation and
Harry Orchard The last named is ex-
pected to be the most important wit
ness for the state against Haywood,
Meyer and Pettibone. He is said to
have made confession and it has been
the task of the prosecution to endeavor
to corroborate this confession wherever
possible.
The fact that Haywood's case is the
first called for trial is regarded as in
dicating that the prosecuting attorneys
believe their strongest evidence is
against. the secretary of the federation.
The outcome of his case will determine
the action to be taken with regard to
Meyer and Pettibone. Should there be
a conviction of Haywood, Meyer and
Pettibone will be called for trial in the
order named. On the other hand, an
acquittal of Haywood undoubtedly
would mean an abandonment of the
cases against the other accused officers
of the miners organization.
Orchard will not be tried until all of
the other cases are disposed of. 1t is
said that the evidence against him is
so strong that he can not hope for other
than a conviction of murder in the
first degree regardless of the verdicts
upon the indictments against Haywood
Meyer and Pettibone. Orchard, it is
said, has been promised no degree Of
clemency whatsoever, in giving evil
dence for the state. Having admitted
his active part in the heinous crime CT
blowing the former governor of Idaho
10 pieces with bomb at the gate of
his residence, Orchard unQuestionaDly
will have to pay the capital punishment:
for his confessed crime.
Change OF Venue.
Caldwell, where the murder was COM
mitted, is the county seat of Canyon
county. A change of venue to Boise,
the capital city of Idaho, and county
the motion of the defense, it being ~
legged in behalf of the prisoners that i
fair trial in Canyon county would be
an impossibility. Haywood, Meyer and
Pettibone were transferred to the coun-
ty Jail here which comprises the base
ment floor of the county court house
The court for which the cases were set
is known as the district court of the
Third judicial district. The presiding
Judge is Judge Fremont Wood, native
of Maine, former practitioner at the
bar in this city, and presiding now over
his first important criminal case.
Judge Wood is regarded as a care
full. deliberate man and the prosecu-
ton and defense in the present trials |
believe that he will leave no stone un- |
turned to see that equal, even handed
Justice is done. Orchard, the self con-
fessed murderer of Governor Stuenen- |
berg and the accuser of Haywood, |
Meyer and Pettibone is confined in
the Idaho state penitentiary several
miles out of this city. He is kept un- |
der careful guard at all times.
Boise at the outset of the famous
trials is on the surface almost the |
least interested community of any in /
miners is never discussed upon the
streets and the authorities of the city, |
and state have taken careful |
but not spectacular steps to prevent |
any sort of disturbance The people |
have determined that the cases shall |
be tried in the courts. not upon the |
street corners. There seems to be no |
question here that a fair trial will be |
had and the best of feeling apparently |
prevails among those prominently |
connected with the case. Even the |
more radical of the supporters of the
accused miners are in good humor
and are ready to chaff with their ac-
quaintances over the advantages or
shortcomings Of Socialism.
Good Feeling Prevails
The good feeling and widespread de-
sire to prevent anything even approach