The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1907-05-09
WAY IS CLEARED
FOR HAYWOOD TRIAL
Court 0yerruleS Motion to Hay,
the State Furnish Defend
ant Bill of Particulars.
HOLDS THAT THE ACCUSED
HAS WAIVED THIS RIGHT
First of the Four Famous Cases
Will Open Today in
Boise City. LII

BOISE. May S.-By overruling the
motion of the defense for a bill Of par
ticulars setting forth that overt acts, il
any there were, TO connect the accused
with the murder Of former Governor
Frank Steunenberg, Judge Fremont
Wood, Of the district court OF Ada
county. cleared the way for the trial
OF William Haywood, secretary of the
Western Federation of Miners, which
will begin tomorrow morning. Judge
Wood held that the request of Hay.
wood 8 counsel for more explicit
statement of the charges against the
prisoner came TOO late, regardless OF
whether or not it might have been en-.
tertained at an earlier stage OF the pro-
ceedings. In cases where bill of par"
ticulars is allowable, the man who IS
to preside over the trials OF the ac~
cused miners, declared the motions
must be made before the indictments
are pleaded to, and before the cases
are set for trial.
First Of Four Trials.
Haywood is the first of the four men
accused of completely IN the Steunen-
berg murder to be selected for trial.
The others-Moyer, Pettibone, and Or.
chard, the last of whom is said TO have
made confessioG-will be tried as cir
cumstances dictate, following the con-
| clusion of the proceedings against Hay
| wood.
Tonight the prisoner, his counsel, and
the attorneys specially retained to pre-
sent the case and plead the cause OF the
accusing State, are ready for the long
! ordeal in court. The first and one of
the great tasks of the court is to Sc
cure jury and that will be commenced
tomorrow morning Estimates OF the
| time necessary TO select twelve men,
good and true, vary, but practically
none of them place the time under
| three weeks.
! The victim of the Caldwell assassi-
nation, long n conspicuous figure In the
political life of the State, was personal
| ly known to hundreds of the citizens
of Ada county, and personal align
ment and partisanship on the labor sit
uatiop in which the prisoner and his
co.defendants were for a long period
active leaders, is quite general, so that
| it is at once Il difficult and delicate
! task to find men free from the disquall-
| ficatioDs that unfit them Tor the high
| duty of juror.
May Not Secure Jury.
Many men who know the community
| very we'll and who add TO their calcu-
| lation the further handicap of apprehen-
sion of future violence for revenge. take
the extreme view that it will be lmpos-
sible to secure Jury, but the weight of
| opinion is against this extreme con-
| clusion.
| There is as yet no indication of the
scope of the case which the state will
seek TO prove against Haywood 1t is
| naturally assumed however, that Messrs
HawIey and Borah will seek TO make
the showing as to the alleged conspiracy
az broad as possible. without endanger-
ing it upon appeal, assuming that there
is a conviction. Discussing tins phase
of the case one of the counsel for the
prisoners said:
"The broader the scope of the case
offered by the state, the better we Will
be satisfied.
Nearly forty special correspondents
for press association and newspapers
have come to Boise TO report the case.
and special wire arrangements have
been made for the transmission of their
dispatches.
City Remains Quiet. :
One of the prcttiest little cities typi-
cal of the modern Vests characteris-
tically serene and placid on the eve
of the first of the great trials, There
was no great influx of visitors today,
the newspaper and magazine writer's
and others whose business has called .
them here, having arrived singly and in
twos and threes during the last 10 days
All have been surprised at the SEEM
ing lack of interest manifested by the
citizens of this capital city Of the
State One finds or arriving here that
the discussion of the case is confined
almost entirely to the newcomers.
The residents of Boise seem salts.
fed that equal Justice will be done and
they are content 20 let the matter be
threshed out in court of law. This
city is far removed from the mining coun
try. railway communications with the
Occur d Alenes and other districts be-
ing circuitous and in some instances all
but unavailable. Ada county. IN which
Boise is situated, is county of large .
agricultural interests, Irrigation has
made rho land wonderfully fertile and
farming is the one great industry. Labor
unions and unionism are practically un-
known 10 the men who TIL the soil. 1t
is from the farmers that the jury may
be selected.
There is nothing on the surface to-
night to indicate any feeling IN any
quarter OF the county either for or
against the prisoners. The day has been
one of perfect summer conditions. the
sun at noon dav having a touch of
July warmth in its direct rays. While
the authorities of the county and State
have undoubtedly laid careful plans TO
meet any emergency which may arise,
they do not propose to act until they
have to.
No Extra Police.
Tho streets tonight are being pa:
trolled only by the regular platoon OF
the city police force, The people arg
occupied by their business or social
pleasures and there is absolutely moth
-, % Indicate that thr trial which has