Mountain Home maverick. [volume] (Mountain Home, Idaho) 1906-1911, 1907-05-09
HAYWOOD'S TRIAL
IS UNDER WAY
Man Charged With the Murder of tx-Gov.
Stuenenberg is Brought to Bar at
Boise This Morning.

we were ready and anxious for
an immediate trial, and If they
also were ready they should ar
range matters so that we could
proceed to trial without harm being
worked to the defendants. We
pointed out that all of their rights
would be saved if the appeal from
the circuit court was dismissed.
'The attorneys for the defend
ants answered our letter declining
to dismiss the appeal and expressed
themselves as fearful that ques-
ton of jurisdiction might arise up
on the proceedings of the supreme
court of this state which would be
injurious to them if the appeal from
the United States circuit court
was dismissed.
'On the opening day of the state
district court in May, 1906, we
called the attention of that court 20
the section of the United States
statutes, and the court, after due
consideration, held that no proceed
ings could be had in that court as
long as the appeal from the United
States circuit court was pending in
the United States supreme court.
This ruling necessarily continued
the cases until the appeal was dis
posed of.
delays in the trials of criminal
cases almost invariably work a
hardship upon the prosecution and
operate in favor of the defense. |
am not complaining because the
defendants did not go on with the
! trial in May of last year by the dis
missal of the appeal mentioned.
They acted within their legal
rights in refusing, but the refusal
should have preclude themselves
or their friends complaining of the
delay"
On the cause of the delay Clar-
ence Darrow, of counsel for the de.
fense, has this to say' "'The de.
PENDANTS have not only been rea1;
for trial but have insisted on tria
all the time since the indictments
were returned IA months ago
Every motion for continuance ha:
been made by the state and resisted
) by us. After the men were brought
to Idaho, writs of habeas corpu.
were asked in the state court anC
the federal courts to cover an,
question of jurisdiction that nigh
arise. Both OF these cases were
appealed to the supreme court of tht
UnitcII States and the cases ad
va.-ced for a hearing as soon as WI
could ge,' It.
"The United States statutes pro.
vide that where an appeal is pend
ing to the supreme court Of the
United States no judgment or ex.
ecution can be carried out pending
that appeal. AS applied to this
case this statute means that if the
defendants had been convicted anc
sentenced to death or Imprisonment
in the pcni.entiary the sentence
could not have been carried out
until the supreme court had passed
on the appeal, but in the mean
time the courts of Idaho had the
same right to try the men while
the appeal was pending as they
had after the appeal had been dis.
posed of. If there could be any
doubt under the statute, which
there could not, the supreme court
of the United States expressly de.
cided the matter IN this way in the
case of Mrs. Rodgers of Vermont.
who was tried and convicted pend.
ing an appeal.
A number of labor unions snc
federations throughout the countr,
are to be represented during tn,
trials by members specially choser
for the purpose. These representa-
tives will attend the trial and make
reports to their organizations. L
vas proposed TO have an unofficia
Jury of twelve representatives o
union labor hear all the TESTIMONY
and argument and formally vote OF
the guilt or innocence of the ac
cused, but it was stated today tha
this plan had been abandoned. Sew
eral OF the union representative
have already reached Boise anC
others will come in during tn,
week.