The Birmingham age-herald., 1907-06-04

manner satisfactory to both sides. The defense had contemplated making a re- quest for permission to reopen the ez- animation of certain jurors, but this was abandoned and when Judge Wood ordered the jury sworn no objection came from either side.
 Swear Jury.
 The court room came to silence as the twelve rose in their places and facing the clerks desk on the left.-raiaed the.1s rssilI
 andl in solemn assttle their r,edgr
 do jnstlll h. + Na4 alf impressive scene and there came another two hours later when after the midday recess Haywood listened to the reading of the indictment against himself, Mover, Pettlbone and Simpkins. As the clerk walked in front of the jury box and began reading the indictment, little tide of blood came up along Haywoods neck and spread over his cheek. He looked away from the scene directly in front of him for few moments, but, when more self- possessed returned his gaze to the jury box. His wife and daughters sat at his side during the brief afternoon session at which the indictment was read. Haywood talked with them and his counsel after the statement was read and then as he arose to return to his cell, smiled a greet ing at a friend sitting near the end of tlp bench. lOnlOFIOW IllDTHl1B Ill JsJD o'clock James H. Hawley, for the state. will address the court with the states opening statement. He has it prepared In manuscript and said that today he would be very brief. The charge will be that Haywood, conspiring with Mover, Petit bone and Slmpkins. and others of the al- legged "nner circle of the Western Fed eratlon of Miners, plotted a campaign of terrorlzlng that had for it's double pur-
 ufr,..t ta..V. .E those opposed to the retention of control and power within the organization. It will allege that the explosion at the Vim dicator mine and the blowing up of the Independence depot, the murder of Light Gregory a detective of Denver, the mur- der 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 Goddard, of Colorado. were all acts In a single great conspiracy to which the murder of Gov Steuenberg was incidental. II will be charged that Haywood was the genius and the strength behind the great plot and that Steuenberg was added to the list because of his part during the labor troubles in North Idaho.
 Worked in Background.
 1t 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 Stevs Adams forths as hired executioners.
 The states testimony will begin with a rehearsal of the Caldwell tragedy. in which Frank Steunenberg was blown to death by bomb on the night of Decem- Der G. 1905 and then the presence at Cald- well of Harry Orchard and John L. Slmpkins, a member of the executive board of the Western Federation of Miners, will be shown. After that Harry Orchard will be called to the stand to retell the confession which it is alleged he made to Detective Mcfarland. After that will come the states effort to corro- borate the Orchard story and to clinch by other testimony the general part of the Western Federation of Miners. the particular part of William D. Haywood. alleged in connection with the murder of Frank Steunenberg.
 In the work of securing the Haywood jury the court has been in session fifteen days One hundred and fifty-six tales men have been examined. Of this num- Der thlrty-four have qualified. including the twelve men now in the box.
 Darrow and Richardson.
 On a joint interview with MT. Darrow and MT. Richardson. after the empanel- Ing or tue Jury tOudy, tue IolloW4AS state ment was made by them:
 '"The Haywood jury is made up of eight republicans three democrats and one pro- hibitlonist 1t consists of nine farmers. one real estate agent, one building con- tractor and one foreman of fence con- struetlon There is no man on the jury who works for wages, or woh has ever belonged to labor organization. except ing Burns. who was member of the carpenters union fourteen years ago, or who has ever been a student of the union labor question.
 ''of the hundred odd jurors drawn not more than three trades unionists were among them, these were excused on their objections to capital punishment. The jurors drawn have been mainly farmers. interpersed with large numper of bank CTS and some business men.
 'The jurors appear to be men of high purpose determined to give the defen- dant fair trial, but 1t is uniformly made