Mountain Home maverick. [volume] (Mountain Home, Idaho) 1906-1911, 1907-05-09


tically every available room in i
Boise has been reserved for law
yers, witnesses or newspaper men
in attendance on the court which
will try w. D. Haywood on the
charge of the murder of Frank
Steunenberg, former goveror OF Ida
no. Every incoming train brings
additions to the large number OF
people connected with the case who
are already on the ground.
That there might be some delay
has been intimated from time to
time, but the fear of this has now
been dissipated by statements ema-
mating from both sides. Clarence
Darrow of Chicago and E. F. Rich
-ardson of Denver, jointly leading
counsel for the defense of Haywood,
have both stated that they are ready
for trial. Counsel for the prosecu
tion, James H. Hawley and Senator
w. E. Borah, who have been en-
gagged specially, are of the opinion
that there will be no further delay.
An application for a bill of partic-
argued tomorrow morning before
Judge Fremont Wood, who will try
the Haywood case, but as his deci-
sion is not appealable, it is not
thought that this will cause any
.postponement.
The history of the cases of the
men charged with the murder of
Steunenberg shows much delay, all
of which has been expensive, both
to the state of Idaho and to the de-
PENDANTS. The state has already
paid bills to the amount of $50, 1000
and at the last session of the leg is
1ature of Idaho an appropriation of
$50, 900 additional was unanimously
passed, all parties concurring.
When Governor Steunenberg was
;assassiuated, the mineowners' as
ISOLATION offered reward C.
$4,000 for the arrest of the MUIR
derer. Later this amount was re-
turned to the mineowners' associa-
tiou by Governor Gooding, with the
statement that the state of Idaho
would defray the cost of the prose-
cution of the murderer or murder
ers, whoever they might be. The
defense fund raised by union la
E,o, ers throughout the country and
.as am en,er, ICY fund by the min
'ers' federation Is rep e'eo 10 DC
very large and the total eesr u
carrying on this case from first 10
last will be enormous.
James H. Hawley, the leading
counsel for the prosecution, was
asked today to explain the reasons
for the delay in the trial of Hay
wood, Meyer and Pettibone. Much
comment has been caused through
out the country by this delay. 1t
has been charged that the state has
wilfully caused the delay and that
the prisoners have been kept in
confinement without trial for an
unwarranted period. Mr.. Hawley
said: THE revised statutes of the
United States, treating of appeals
to the United States supreme court
from United States circuit courts
IN habess corpus cases where a
prisoner is held by state courts,
makes null and void any action of
the state court pending an appeal.
The great majority of courts of
last resort hold any action upon
the part of the trial court abso-
lutely void until the decision of
the supreme court of the United
States has been actually rendered.
'It will be seen, therefore, that
if in May, 1906, we had proceeded
TO trial in the trial court of this
state before the decision of the su-
preme court had been rendered the
defendants would have been dis
charged, as they could not a second
time be put in jeopardy of their
lives.
"Senator Borah aud myself, act
ing for the state, shortly before the
conveniDg of the district court of
Canyon county, in May 1906, called
the attention of the defendants at
torneys to this provision of the
United States statutes and stated in
a letter to them on the subject that