The San Francisco call., 1907-06-03
Continued from Page 1, Column
serve.
NINE OWNERS ACCUSED

MIN Il OW NEHS Al(I SED
Counsel for the defense claim that
Orchards implication of their clients
was made out of whole cloth and
that the western federation of miners
had nothing to do with the Steunen-
berg assassination. 1t is charged that
what is known as the mine owners as
sociation. which has fought the western
federation for many years. is behind
the effort to discredit the officers of the
federation and further that they Will
be able to disprOve every statement
made by Orchard on the stand and In
his confession. which it Is claimed Is
fabrication built up to shield himself
and secure immunity from the conse-
quences of his crime.
E. +. Richardson, a prominent attor-
ney of Denver. will open for the oe-
fense, but 1T is understood that IL mas
been agreed that the case for the de-
fense will not be shown until after the
case for the prosecution is all in. IL
may, therefore. be several weeks be-
fore Richardson delivers his opening
address. 1t is conceded that the IN
PRODUCTION of the evidence for the state,
and especially the testimony OF Or
chard, will be contested at every point
This will mean probably that the pros
ecution will not be able to conclude
under three weeks or possibly 80 days.
The case for the defense Will take
equally as long. 1t may, therefore, be
estimated that the case will last 90
days after the opening tomorrow, II,
indeed. jury has been secured by that
time Sixteen days of actual work have
been spent in the effort to secure
jury.
EXAMINE 200 TALESMEN
Counting the adjournments. the case
has now been going on one month
This work of qualifying jurymen has
been tedious and remarkable chiefly on
account of the latitude permitted TO
counsel on both sides In conducting
their examination. Nearly 200 tales
men have been examined, the main difh-
Guilty being to secure resident or the
county who had not formed an opinion.
Fremont Wood. the presiding judge, is
trying his first important murder trial.
The charge has been made by the sup
porters of the prisoners that the state
does not intend to give the men rair
trial and it has evidently been the de-
termination of the judge to prove at
the outstart that the utmost fairness
must be expected throughout the trial.
In fact, the detail as to the life OF the
talesmen under examination to which
counsel for the state and defense has
been permitted to go without objection
on the part of the court has been
matter of comment. 1t has at least
brought the expressed conviction on
every side that if the case is conducted
throughout with a similar imparttality
no charge of unfairness could be sus-
tanned.
ILLNESS OF HAYWOOD
Haywood is man of impressive ply
steal appearance. 1t was therefore
matter of surprise when on Saturday
it was announced that the prisoner was
too i'll to appear in court. The physi-
clans who were called in were at first
alarmed. Haywood was suffering great
agony and was at times in convulsions
and unconscious. Opiates were admin
istered, together with other medicines.
and a further examination showed that
there was nothing serious the matter.
Throughout the case so far Haywood
has been a close observer of every de-
tail and has consulted with his counsel
on every point. While a strong man,
gress of the case have told upon his
nervous system.
After his arrest Haywood had been
accustomed to take a great deal of eX-
ercise. For the last three weeks, how
ever he has failed to play quoits in the
Jail yard or to walk on the lawn. At
the same time he has been a heavy
eater, ana the physlcldhS say thdt tiie
nerve strain and failure TO observe the
ordinary rules of health brought on
congestion resulting in irritable head
aches The congestion has now been
relieved, and it is thought that all cause
for uneasiness has been removed.
One of the possible delays after the
jury box has been filed is the inclina-
tion on the part of counsel on both
sides to go very carefully over the
record of the men who have so far
qualified. A number of detectives have
been at work on this, and it is stated
that affidavits have been secured and
may be used to show that the court
should reopen the examination of two
or three men now in the jury box ON
account of public expression of opinion
at some time since the arrest of the
prisoners.