The sun. [volume] (New York [N.Y.]) 1833-1916, 1907-05-09
HAYEOOD'S TRIAL on TO-DAY
COURT REFUSES LAST PLEA FOR
A FURTHER DELAY.
Judge wOed Declares That ItIl Of PaFtiou-
iarg. II There was Any roun for II,
z should Have Beea Asked Before Indict-
m@t Ma Accepted by the Defence.

beginning Of the trial OF William ID. Hay
wood secretary and treasurer of the West
ern Federation of Miners. charged with
conspifipg 70 murder ex-Gov. Frank Steu.
nenberg OF the State OF Idaho. the city Of
Boise declares itself ready.
The trial opens tomorrow morning a.
the county court house at 10 O'Clock, wher
the work Of getting a jury will begin.
The last possible obstacle to a further
delay in this much delayed case was swept
sway this morning when Judge Fremont
Wood handed down a decision denying the
application made by counsel for the de-
fence for q bill Of particulars. There was
only a small group of spectators In the
court room when Judge Wood rendered his
decision. Besides the counsel for both
sides, court officers and possibly a dozen
disinterested persons, all the rest were
newspaper reporters.
In the opinion with which Judge Wood
accompanied his decision he, cited various
authorities and said that there was in Idaho
record Of only one previous application
such as that made by counsel for the de-
fence. He went on to add that in his judg-
ment application should nave been made
not only before the case was set for trial
but also before the defendant had pleaded
TO the Indictment.
Furthermore. should the application be
granted it might result in further delay,
though counsel for the defence had solemnly
declared that they were ready to 60 to trial.
Moreover, the Court thought that the
indictment to which the defendant had
pleaded not guilty contained sufficient par
ticulars Of the overt acts charged against
him to satisfy all the requirements OF JUS
tice, For these reasons he denied the qp.
rlicltion.
Haywood, who was in court, was then
remanded to CUSTODY, but he was socn
afterward brought baobi to be present dur
ing the enactment Of a scene wholly re-.
dolent If the West. II appears that a
young man named Bert Eastman had been
drawn on the panel from which the jurors
are to be taken. Now, young Mr.. Eastman.
an ardent sportsman, is treasurer Of the
local gun club.
The club is entertaining some visiting
sportsmen with a shoottest that may last
cooped up in a court room under such cir
oumstances irked young Eastman quite
some, He therefore urged the court to have
him excused. None OF the counBel In the
case had the least objection and young
Mr.. Eastman departed with every mani
I s %iiiiam Of D. '0{ HAYWOOD the frs, Of the
accused labor leaders to be tried. is a plump
blond person, smooth faced and with a
pair Of pale blue eyes that look upon the
to form apertures no bigger than slis.
He sat in a chair just In front of 'Rasuj"
Boomer, the huge deputy whose oficial
charge he is.
largely depends what happens to the other
pr soners.. appeared in excellent health,
He was. however, very pale and fidgety
and seldom raised his eyes above the desk
in front Of him. After the proceedings he
was taken below stairs Uhe county Jail
is on the ground ioor Of the court house,
to join Meyer and Pettibone. the pair who
are accused jointly with him by Harry
Orchard.
Meyer is about Haywood's age. but
Wes,er Federation Of Miners, a man Of
great personal magnetism and a fine speaker.
His talent for oratory has done much to lift
him TO the top of the miners organization.
He had little TO say TO a reporter who saw
him in his cell. but that little was TO the
point.
"All we want, = he said, sis a fair trial and
no favor. We agree entirely with President
Roosevelt in that. Exact justice is all
we ask"
The other two agreed with Meyer. Petit
bone has amused himself In the course of
his confinement with typography. Up
over his bunk hangs a piece Of wood with
this motto burned into II:
80 live tndt every OHV YOU can !OOi
every man in the eve and toll him 10 go to
hell"
There il reported to have been a strong
dis1 greement among the three prisoners.
According 10 this report HAYWOOD fsvors
the strenuous Efforts that the Socialists
the other 10 identity themselves with the
cause OF the defence. Meyer and Petit
bone, on the other hand, resent it. and
declare that this Is lab0r's fight and not
the Socialists
Whatever the prisoners may think about
1t. it hourly becomes more certain that in
the Moyer-Hayw wood case the Socialists see
what appears TO them the finest opportunity
in years for the manufacture Of political
capital that will pe useful to them.
IL the New York demonstrations and pa
rades had not shown this. a glance around
the court room this morning did. There
are nearly as many reporters for socialistio
papers here as for all other papers put to-
gether.
Within ten days the DAILY Idaho Unionist
has sprung into existence here. Vol. /,
Number O, appeared this evening. Its
contents show II 70 Re printed solely az an
organ Of the defence in this murder trial. |
II is edited in the Office Of counsel FOR the
defence. n it's contents largely consist
Of attacks on the prosecution and on capital |
and ~enlogies Of the defendants and Of
labor.
All the same the local labor organizations
disown it and have published = formal
statement that II is none Of theirs.
some wild talk has found It's way into
the Eastern newspapers to the effect that
IL was doubtful II Harry Orchard would
ever leave the witness chair alive after
testifying against Haywood. Boise takes
stock in this talk. Boise is not looking
for trouble and expects no trouble.
There lie not the least sign OF excitement
here in the streets. in the hotels or whore
you will. II lie generally realized hat the
labor people know that they are really
on trial as we'll as their leaders, and that
any violenoe would react pom them with a
vengeance. 1t may be taken for granted
that ~ the leaders can help IL there will be
no outbreak. II is only the act Of some
or other fanatic that lie feared.
All the same the State OF Idaho will not
be taken by surprise In any event. The
authorities are known to be ready. Prob
lbly nifty deputies are In town. There is
/ big group Of Pinkertons In addition to
he city's policemen. Boise has a COM
,any OF militia upon whom Boise relies,
md at Fort Boise inside the city's limits.
ire two troops Of the Fourteenth Regiment
y the Regular cavalry, under command
" Capt. Dudley.
Gov. Gooding, without whose sturdy
Ittitude the, prosecution would have been
IMPOSSIBLE goes quietly about hts bust
lese. He continues to receive letters OF
protest, " some OF them vaguely menacing
nd from labor or sooiallstic organizations: