Daily capital journal. (Salem, Oregon) 1903-1919, 1907-05-06

motions. one asking for change In
judge, the other praying for change
in venue. The latter motion espe-
cially was supported by a great num-
ber of afidavits designed to show
that such prejudice existed in Can
yon county that the accused could
not get fair trial there.
AS the decision of the supreme
court In the habeas corpus cases was
not rendered until December, and as
, the claimed bar stood until after the
lapse of 60 days, during which a pc
Triton for rehearing could be filed
mo further proceedings could be hal
until the opening OF the term of
court at Caldwell on March 12 OF
this year. In the meantime an elec.
tion had been held and Judge Frank
j. Smith was defeated by II. l.. Bry.
an. The latter had been appointed
TO defend Harry Orchard, cir
cumstance which, in many minds,
made him Ineligible TO preside at
these trials. Therefore, on the OPEN
ing of court, Judge Bryan announced
that, though he was not satisfied he
was disqualified. he had determined
90 call in Judge Fremont Wood, OF
Ada county
Judge Wood took up the applica.
tlon for change of venue. After
presentation of the affidavlts and
arguments OF counsel. the judge an
nounced he was disposed to make q
change, but he wished TO know II
the defense would insist upon tho
right 10 again move for change
after getting into another county.
He indicated he would move the
cases to Ada county, and when the
defense had announced It's consent TO
having them come here. an order TO
that effect was made.
Date Of Trial Fixed.
At the opening of the term here.
Judge Wood. after consulting coun-
sci on both sides. fixed the date for
the FIRST trial to begin. naming May
.. II is assumed the trial. that OF
William ID. Haywood. will then be-
gin.
The accused men are confined in
the Ada county Jail in this city.
Where they were brought here from
Colorado they were held at Caldwell.
The Jail there was entirely made
quate, there being no proper provl.
sions for the comfort OF the men,
and they were finally settled In the
jail here. where they had as good
treatment as possible. Though they
sleep In cells at night. they have
much liberty during the day. A
comfortable room ls used by them,
while each day they are outside for
an hour or more. There they can be
seen most any day pitching quolts
or walking up and down with their
wives. or rather two OF them. Mrs,
Haywood not having been here. The
latter is an invalid. but she has now
arrived TO be with her husband dur
ing his trial.
Harry Orchard. the star witness,
has remained as guest OF Warden
Whitney at the penltentIary. He -
In good health and has been engaged
in writing book. The murder case
against him has been postponed from
time 10 time aud will stand 80 unit.
the other cases have been disposed
Of
There have been two interesting
branches OF the case which should be
touched upon TO make the story
complete.
On February rs. 1906. Vincent ST.
John was arrested at Burke In this
state and brought 10 Boise. Moth
ing was found against him. however.
and on March II he was turned over
TO the Colorado authorities on
warrant charging him with murder
at Telluride. Ho was afterward
freed
Steve Adams. a man who is said
20 have figured eonspiciously In the
Colorado troubles. was arrested AZ
Haines. Or. ON February 20. 1906.
On March he also made an alleged
confession. in which. IL Is said, he
covered much OF the same ground as
that gone over by Orchard. adding
many stories OF startling character.
lie also remained as a guest OF the
state al the penitentiary. In Sep
tember be had an interview with his
father-in-law. and subsequently ex-
Governor John T. Morrison, acting a.
his attorney. asked for writ OF
habeas corpus for him. The state
found Adams had determined 10 'go