Omaha daily bee., 1907-06-04
Only Other Man Examined Was PsTemp'
tOrily Challenged by Defense
INDICTMENT READ IN AFTERNOON
After Brief Session Court Adjourns Unit,
Tuesday Morning,
HAwLtY WILL OPEN FOR The STATE
Prosecution VIII Charge that Murder
of steunenberR IL Part of Gigantic
Conspiracy TO Terrorize Metal
Mining District.
TWELFTH JU5OR is o, " stBtRS

BOISE, Idaho. June S.-Twelve men to
! try William d. Haywood for his life on
the charge that he murdered Governor
Frank Steunenbers have been chosen and
bound by oath to honestly deal justice be-
tween state and prisoner. Haywood has
heard the indictment charging him with the
crime and tomorrow, after the state has
recited its case and made promise OF proof,
the first chapter OF the quickening tale
| of the Caldwell crime will be retold.
| The wearisome work of jury selection
ended quickly and unexpectedly this morn
! ing Alfred Eoff. the first talesman ex'
amined. was declared qualfed after strous
and repeated protests from the defense.
Eoff said he had an opinion, that he would
carry his opinion into the trial, that he
could not presume the defendant innocent
and that he would not like TO be tried
himself by a man who had any opinion.
But despite these conditions of his mind he
! thought that II sworn as juror he could
fairly try the case according to the law
and evidence. -Four challenges for cause
against him failed, but the minute he was
passed the defense expended IT'S tenth ana
last challenge to get rid OF him.
| O. V. Sebern, the next taiesman called,
! proved the last one needed. When a resi-
dent of wyoming Sebern served as a
member of the Tom Horn jury and the
defense went into the question quite thor
oughly, but in the end the talesman quail
fed in a manner satisfactory to both sides.
| The defense had contemplated making
request for permission to reopen the ex-
animation of certain jurors, hut this plan
was abandoned and when Judge Wood
ordered the jury sworn no objection came
| from either side.
Jury is sworn in.
The court room came to silence as the
twelve rose in their places and, facing the
clerks desk on the left, raised their right
| hands in solemn observation OF their
pledge to do exact justice by the accused.
| 1t was an impressive scene and there came
| another two hours later when after the
nlidC Y recess Haywood listened to the
reading of the indictment against himself,
| Moyer Pettibone and Simpkns. Haywood
had come to the court room whitened
somewhat in color by his illness of Satur-
day but as the clerk walked In front OF
the jury box and began reading the in
| dictment a little tide of blood came up
along his neck and spread over his cheek
| He looked away from the scene directly in
front of him for few moments and then,
more self-possessed, returned his gaze to
the jury box His wife and daughters sat
at his side during the brief afternoon ses-
sion at which the indictment was read
Haywood talked with them and his coun-
sci after the statement was read, and then,
as he rose TO return to his CELL smiled q
friendly greeting at a friend sitting near
the end of the bench. Tomorrow morning
at $50 o'clock James II. Hawley for the
state will address the court with the
states opening statements. He has pre-
pared no manuscript, and said today that
| -. Arfa anrrr
to think the matter over and jot down
some headings" he said. land from those
headings / will talk. / may write one
portion of the opening statement and II
1 do shall read It when come TO IT,"
what state VIII Charge.
Broadly speaking the state win charge
that Haywood, conspiring with Meyer.
Pettibone and Smpkins and others of the
IaIleged Inner circle" of the Western Fed
Grafton OF Miners. plotted a campaign of
terrorism that had for it's double purpose
the removal by assassination of those op-
posed to the organization. and the reten-
ton and increase of control and power
within the organization. 1t will allege that
the explosion at the Vindicator mine. the
blowing up of the Independence depot the
murder OF Light Gregory, q detective OF
Denver; the murder OF Arthur Collins of
Telluride, the alleged blowing up of Fred
Bradley Of San Francisco and the alleged
attempts on the lives OF former Governor
Peabody and Judges Gabbert and GoddarA
OF Colorado were all acts in a single great
conspiracy, TO which the murder II Gov
ernor Steunenberg was incidental. II ~in
be charged that Haywood was the genius
OF and strength behind the great plot and
that Steunenberg was added TO the list
because OF his part during the labor
troubles in north Idaho
It will be alleged that Haywood and his
associates standing and working in the
background planned the long list Of crimes
and sent Harry Orchard and Steve Adams
for this purpose as hired executioners
The states testimony viii begin with q
rehearsal Of the grim Caldwell tragedy,
In which Frank Steunenberg was blown
to death by a bomb on the night OF De-
cenber 30 1905 and then the presence at
Caldwell OF Harry Orchard and John L.
Simpkins, member OF the executive board
Of the Western Federation Of Miners. viii
be shown After that Harry Orchard. who
actually murdered Steunenberg, will be
connected with the scene and crime and
then Orchard viii be called to the stand
to reten the confession which 1t is alleged
he made to Detective Mcfarland. After
that will come the states effort to cor
roborate the Orchard story and 10 clinch
by other testimony the general part OF the
Western Federation OF Miners, the par
ticular part OF William ID. Haywood al
legged in connection with the murder OF
Frank Steunenberg.
How jury Was Secured.
In the work OF securing the Haywood
jury the court has been in session fifteen
days and 156 talesmen have been examined.
OF this number thirty-four have qualified,
including the twelve men now IN the box.
Juror Orrie Cole was excused on account
OF sickness and J. L. Tourtelotte was eN-
cused after re-examnation on the ground
OF opposition TO capital punishment A
brief description OF the jury follows;
Thomas b. Cess. a farmer now engaged
In the reel estate ana Insurance business
in Boise. occupies the first chair. Is a
democrat, born In Missouri and is 80 years
old. Cess knew former Governor stsansn-
1berE well and wh,ls he said he hGd formed