New-York tribune., 1907-06-03
BOISE TRIAL TO-DAY.
HAYWOOD WELL AGAIN.
Completion of Jury Noe Only Ques-
ton of Hours.

J jury in the case OF William D Haywood, charged
with the murder of former Governor Steunenberg.
will be resumed tomorrow morning at II o'clock,
unless the prisoner has relapse To-day Hay
wood is himself again. Although little drawn
and pale, a result of the medicine and the
opiaes administered TO relieve him from the acute
pains which he suffered yesterday morning, he ap-
peared to be IN his normal condition. He was out
early I'm front of the courthouse and walked in the
sun. afterward sitting with members of his family
among the pleasant surroundings of well kept
lawns and rose bushes fragrant with blossoms
Judge Fremont Wood has stated that he is de-
termined a jury shall be obtained Tomorrow If
possible. Fory-four talesmen remain of the venire
OF slXty-one summoned last week. Only one more
peremptory challenge be exercised. and this
| lies with the defence. the prosecution having ex-
hausted its ten peremptory challenges on Friday.
This leaves two more 10 qualify. II the defence
should 1T to exercise its last challenge. That
they will do so Is admitted by counsel but II IS
not expected that there will be much difficulty in
qualifying the two out of the talesmen vet to
be examined. Should this not be done within the
regular hours, it is probable that Judge Wood will
hold Il night session.
With jury completed before court ad1ourns to-
morrow night, the for the state will be opened
by James H. Hawley, leading counsel on Tuesday
morning. This the first gun in the real engage
ment. will be long recital OF tho position taken
py the state Of Idaho in the effort prove that
haywood with Moyer. Pettibone, simpkns and
ofchard, was responsible for the death of Frank
Steunenberg on the night of December 90 1906
This opening address to the jury will he the first
official outlining OF tho charge that the proeecu-
ton hopes to prove. Ever since the arrest of Hay
wood Meyer and Pettbone. speculation as to tho
evidence has been rife. Except In the most gen
eral way, no authoritative statement has been
given out
1t is now nearly sixteen months since Harry
Orchard. who. by his own confession. It Is al
legged, is tho assassin of former Governor Seunen-
berg made sworn statement duplicating what is
called the Inner circle of the Western Federation
OF Miners in the plot to murder Steunenberg. and
in a series OF crimes extending over many years
of the history Of labor and mining troubles in
Idaho.
Within a few days after Orchard made this state
ment Meyer, the president Of the Western Fedora
tion of Miners; Haywood, the secretary and treas
Wer Of the organization. and Pettbone. MEM
ber. were arrested IN Denver on extradition war
rants and brought to Idaho on a special train under
circumstances that have aroused much discussion
since the arrest. and which have been carried 70
the highest court that the rights Of the prisoners
might be preserved
THE CONTENTS OF ORCHARDS CONFESSION
Intmation of what Orchard stated in his confess
sion has como from one source and another from
time TO time in the last year. but IT may be stated
positively that little IS known Of the contents of
the confession which Will figure, II IS said. the
most startling feature of the case against Haywood,
first Of the prisoners 10 be placed trial.
1t Is believed that the state has in reserve much
To cOrroborate Orchards testimony. Orchard will
be witness. but counsel for the state does not
purpose to rely his evidence alone. Every point
bearing on Haywoods alleged connection with the
actual murder Of SteuncnberG must the Prosecutor
says be c0rroborated before they can hope TO
prove the charge
In obtaining this corroboratiou tho Pnkerton de-
tcctvc agency has figured largely. II may be said
that the best men of their force have been en-
gagged on Il Cor the last twelve months. Captain
James Mcfarland, famous the principal figure
iu many detective stories of real life within the
last twenty years. has directed the work He
makes tho statement that he believes he has
complete
on the other hand. the defence of Haywood has
been buSily at work the prosecution. other
scores Of detectives have followed every clew and
every iutlmation of what the PinkerJon agency was
doing A large amount OF money, estimated to be
"a much S5o0.G00. has been subscribed by tho
members OF the Western Federation Of Miners.
organization with seventy-hve thousand members
and by other labor organizations throughout the
country. The propaganda In behalf OF the prison
ers, Haywood Meyer and Pettbone. has been
widespread and active and much sympathy has
been aroused. The best legal counsel has been re-
taned In their behalf. and six lawyers are daily I'm
court actively conducting the case. while two or
three others are in reserve.
Counsel for the defence assert that Orchards
Of their clients made out Of whole
cloth, and that the Western Federation of Miners
had nothing do with tho SteuncnbcrE assas-
sinati9n It is charged that what is known as
tho Mine owners Association, which has fought
the Western Federation of Miners FOR many
years, behind the effort to discredt the officers
OF the federation. and. further, that the defence
will be able TO disprove every statement made hv
Orchard on the stand and in his confession. which
II is said, is fabrication built up shield him
self from the consequences or his crime
RICHARDSON To OPEN FOR Defence.
F. F. Richardson. an attorney OF Denver will
open for the defence, but It is understood that il
has been agreed that the for the defence will
not be shown until after the for the prosecu-
tion is all In 1t may, therefore, be several weeks
before Mr. Richardson delivers his Openinr nj
dress. 1t is conceded that the introduction Of
evidence for the state and especially tho test-
mony OF Orchard viii be contested at every point
This Will mean probably that the state viii not |
be able 10 conclude under three weeks or possibly
thirty days
The case for the defence will take equally as |
long. 1t may, therefore, be estimated that the
case will last sixty days after the openlng to-nor
row II a jury is obtained by that time Sixteen !
aays OF actual work have been spent in the effort
10 get jury. Counting the adjournments the |
rase has now been going month
The work of qualifying jurymen has been tedious |
md remarkable chiefly because of tbe IetItI',ia |
permitted To counsel on both sides in conducting |
their examination Nearly two hundred tales |
men have been examined the main diffcultv heinz
10 get resident OF the county who had formed
an opinion.
q Fremont Wood. the presiding judge is trying his |
HisI important murder trial. The charge has been
made by tho supporters of tho prisoners that the
state dd not intend TO give the men fair trial |
ana II has evidently been the determination of the |
Juuse 10 prove at tne outset that the utmost fair
ness must be had. In fact. the deep investigation
hto INTO tne pes oil me talesmen allowed counsel for
the state ana defence has been matter of com |
inent 1t has at least brought the expressed CON
vlcuon on every side that If the is conducted |
throughout with similar impartiality no charge
Of unfairness be sustained
pearance. 1t was therefore IA matter Of slIrnrise |
when on Saturday 1t was announced that the prs- |
called were at first alarmed. Haywood was suffer |
and unconscious. Opiates were ad4ninstered VIII
other medicines, and further examination showed |
lhat there was nothing serious the matter
throughout the case thus far HAYWOOD has baaD