The White Pine news. [volume] (Ely, Nev.) 1906-1910, 1907-05-07
HINTS OF DELAY !.
in HAYWOOD CASE
Attorneys for Defense During Ar
gumentS Give IntimatiOn that
They Are Not Ready


mont Wood VIII on Wednesday, next.
decide if on The eve of his fgfal for.
tho mnrder OF former Governor
Fraak Steunenberg. William Hay
wood IS eUftled to receive at the
hands of he state a bill of particu-
lars specificatlng the overt acts
! charged against him The motion
OF The defense for this disclosure
of the case of the state was argued
/ al length today and AT lhc conclusion
OF the discussion HE court announced
thai ii would make decision ut the
i time stated
/ The prisoner, under guard of
Sheriff IIodgin and two deputies. was
brought into court for The argument
and OF his counsel both Frank Rich
ardson OF eDnver and Clarence Dar-
rev Of Chicago pleaded in his behalf.
Senator Borah alone spoke in behalf
Of The state, although James II Haw-
ley, his assistant was in the court
room when the proceedings began
The discussion always earnest. was
characterized at times by deep feel
ing aud dramatic intensity.
Mr.. richardson, who opened the
argument contendod that the indict-
menf WAS lacking in particularly.
thai it eff he defendants in the dark
as 10 the nature OF the case TO lie
presented against them. and the de.
PENDANTS were entitled to a more spe-
ciiie showing of the case. lie sub
mitted an extended brief, citing
great number of authorities and pre-
eedents in favor of his contention.
Mr. Borah IN reply declared that
the defense was seeking a disclosure
Of the proof in the hands of the state
rather than more perfect proceedings
and asserted that the reports collect
ed no single authority that would
support such contingency.
Mr. Darrow who closed the argu-
ment began by saying thar 1t was
the purpose OF he defense to secure
disclosure of the evidence in the
hands Of the prosecution and asked
why the defense was not entitled to
such showing. tie made spirited
attack upon the attitude of the prose
eution toward its witnesses and evil
dence describing it rs mysterious,
unfair and unjust
He asserted that the only question
involved was one Of fairness and JUS
tice to the accused laid stress on the
difficulty of occurring testimony from
distant points and the danger to the
defense 'oT surprise" testimony and
impa5siohately asserted that the
rights of tht prisoners wore as much
in the Hands of the prosecution as in
the keeping Of the defense In an
swer 10 Judge Wood Mr. barrow said
that the defense was not ready to go
to trial. but Mr. Richardson inter
rupted him SO make the qualification
that tho defense was as ready as it
ever could be in the circumstances
whore the case Of the state was with
held rom il lie SAID that in all
other respects the defense was ready
Mr Richardson responded in brief
IL the argument OF Mr. Borah and
said that the counsel for the state
made no distinction in his argument
between the overt acts which the
state Wouid seek to show against the
prisoners and the evidence by which
ii would seek TO show the commission
OF the alleged overt acts The de
rensc wished 10 know what the overt
acts We're.
Mr. Borah closed tbe discussion
with a spirited speech in which he
defended secrecy in obtaining wit
nesses. insfaneing the loss Of two in
Colorado Yesterday. disayowed a de-
sire for amy mans blood unjustly
and ayowed the purpose OF the state
To do it's duty