Omaha daily bee., 1907-06-03
State Will Then for the First Time DIS.
close What it Expects to Prove.
ORCHARD CONFESSION FIGURES lANsElY
Just What This Contains No cns But Him
self and 0fio ais Krow.
scMs FEATURES HAVE BEEN GIVEN OUT
state Has Kept Its Hand well Com
ceaIed During the sixteen Months
since the Defendants Were
Arrested.

BOISE, Idaho, June 2.-The work Of
curing a jury in the case OF william ID.
Haywood, charged with the murder OF
Former Governor Steunnberg will be re-
sumed tomorrow morning at II o'clock, un-
less the prisoner has a relapse Today
Haywood is himself again. Although a
little drawn and pale as a result of the
medicine and the opiates administered to
relieve him from the acute pain which
he suffered yesterday morning, he appeared
TO be in his normal condition. lie was
out early in front of the court house and
walked in the sun, afterward sitting with
members of his family among the pleasant
surroundings of wel-kept lawns and
rosebushes fragrant with blossoms.
Judge Fremont Wood has stated that he
Is determined jury shall be secured to-
morrow II possible. Forty-eight talesmen
remain of the venire of sixty-one sum-
moned last week. Only one more peremp-
! tory challenge can be exercised and this
| lies with the defense the prosecution hav-
ing exhausted it's last peremptory chal-
lenge on Friday. This leaves two more
to qualify, If the defense should fit
to exercise its last challenge. That they
will do so is admitted by counsel. but it
| is not expected that there will be much
difficulty in Qualifying the two men out
of the talesmen yet to be examined.
1 Should this not be done within the regular
hours. it is quite probable that Judge
Wood will hold a night session.
Statement of Case.
with q jury secured before court adjourns
tomorrow night, the case for the state will
be opened by James II. Hawley, leading
counsel, on Tuesday morning. This, the
first gun in the real engagement, will be
a lengthy recital of the position taken by
the state Of Idaho in the effort to prove
that Haywood. together with Meyer. Pet
tibone, simpkins and Orchard. were re-
sponsible for the death Of Frank steuen-
berg on the night Of December So 1905.
/ This opening address to the jury will bo
the first official outlining OF the case the
prosecution hopes to prove Ever since the
arrest OF the three men, Haywood, Meyer
/ and Pettibone. speculation has been rife
and innumerable statements, more or less
we'll founded in fact, have been published.
/ 1t is, however true that except in the
most general way no authoritative state
ment has been given out, 1t is now nearly
sixteen months since Hairy Orchard, who.
! by his own confession. It is alleged is the
assassin of the formed governor, made a
sworn statement mplichting what is called
/ the 'inner circle" OF the Western Fedora
tion of Miners in the plot to murder Steun-
enberg and in series of crimes extend
! ing over many years of the history of la
! Dor and mining troubles in Idaho. Within
a few days after Orchard made this state
/ ment Meyer, the president OF the Western
! Federation of Miners; Haywood, the secre-
tary and treasurer OF the organization, and
/ Pettibone, a member were arrested in Den
yer on extradltion warrants and brought
to this state on a special train Under cir
/ cumstances that have aroused much dis
cussion since the arrest and which have
/ been carried to the highest court In order
| that the rights OF the prisoners might be
preserved
Confession of Orchard
Intimation of what Orchard has stated
| In his confession has come from one source
and another. and from time TO time in the
last year, but It may be stated positively
that very little is known OF the contents of
the confession which win figure, 1t is stated,
as the most sensational feature OF the case
against Haywood, the first of the prisoners
charged with the murder to be placed UDOA
| trial.
1t is believed that the state has in ~
serve much 10 corroborats Orchards testi-
|
counsel for the state does not propose to
rely upon his evidence. Every point bear
ing on Haywoods connection with the ac-
tual murder of steunenberg must. the prose-
cution openly state. be oOrroborated before
/ they can hope TO prove their case In the
work OF securing this corroboration the
Pinkerton detective agency has figured
I largely II may be said that the best men
OF their force have been engaged on II for
the last twelve months Captain James Nc
Partland famous as the principal figure in
many detective stories of real life within
the last twenty years, has directed the
work He makes the statement that he be-
Iieves he has complete case.
Defense Not Idle.
! on the other hand, the defense OF Hay
wood has been as busily at work the
prosecution. Other scores OF detectives
have followed every clue and every intima-
ton OF what the PinkeTton agency was
doing. large amount OF money, estimated
to be as much as S5O0O0O has been sub
scribed by the members OF the Western
Federation of Miners an organization with
75 600 members. and by other labor organi-
cations throughout the country. The propa-
ganda in behalf of the prisoners, Haywood,
Meyer and Pettibone. has been widespread
best legal counsel has been secured In their
behalf and six lawyers are daily in court
actively conducting the case. while two or
three are in reserve. Counsel for the de-
fense assert that Orchards implication OF
their clients was made out Of the whole
cloth and that the Western Federation OF
Miners had nothing 10 do with the Steunen-
berg assassination. II is charged that
what Is known the Mine Owners asso-
citation, which has fought the Western
Federation OF Miners for many years. Is
behind the EFFORT TO discredit the officers
Of the federation and further that the de-
fense viii be able 10 disprove every state
ment made by Orchard on the stand and IN
his confession. which, II is asserted. Is a
fabrication built up 10 shield himself and
secure immunity from the consequence OF
his crime.
p. F. Richardson, a prominent - or1sy
of Denver, will open for the defeD butIt