The Montgomery advertiser., 1907-06-16

stand by his confession, or will he re-
pudiate it? He repudiated that por-
tion of 1t relating to the murder by
himself of Fred Tyler, when placed on
trial for his life, at Wallace, Shoshone
County. Idaho, last winter. But will
he, when sworn as a witness in the
trial of another, swear that he had
guilty knowledge of those terrible
crimes? What will he say?
He has been taken from the jail at
Wallace to the Jail at Boise, a distance
or several hundred miles, that he might
be ready to so on the witness stand
when he might be called upon. He has
been held in the Ada County Jail at
Boise strictly incommunicado. and none
of the anxious newspaper men gath
cred at the Idaho capital city have
been permitted up to the present time
to see him or talk to him.
Meanwhile his wife, who by the way
was herself accused by Orchard in his
testimony of being member of a
party of assassins that lay in wait on
one occasion for Justice Goddard of the
Colorado Supreme Court, has declared,
so 1t has been reported, that her hus-
band, she Is satisfied, will not confess
to anything.
= But even accepting that statement by
Mrs. Adams as correct, there remain
three or four courses for him to fol-
low. VIII he deny that he ever con-
fessed? VIII he admit he confessed at
one time, but declare now that his
statement then was a lie? VIII he de-
nounce the detectives as having sought
by brides or promises to induce him to
perjure himself? Or will he take ref
uge in the time-honored refusal to tes-
tify on the ground that answering
questions might incriminate himself?
Should he, by a refusal to testify, in
cur the displeasure of the court, he
would be In no worse condition, 1t may
be pointed out in passing, lying in jail
for contempt than while awaiting his
second trial on the charge OF murder
ing Tyler
A Levcl-Headed Jury.
There has been not hint in any of
the dispatches of the effect of the tes-
timony of Orchard on the members OF
the jury. There has not even been a
statement as to whether the Jurors
evinced special interest or horror or
any other emotion in the narrowing
tale told by the States star witness"
in the most famous criminal case of
modern Jurisprudence.
But from my knowledge of the ju-
rors, / may say that they are as level
headed bunch of men as could be
we'll secured in any place. for any pur-
pose. 1 do not believe that a Jury
could be secured for the trial of any
case in any court in any State that
would be composed of men of better,
ripper judgment than the jury that is
trying Haywood for his life
feature of the jury that has been
gathered, the pick of 200 talesmen who
were examined, is its age In the ag-
gregate, the jury Is no less than 66S
Of nf almost
Sc years to the juror. The Oldest man
on the list is II years of age. while
another is IS. There is but a single
man on the list who lis under so, Dan
tel Clark being but 81
1t is a peculiar fact. too. that all
but two of the jurors are farmers.
either active or retired. They are
men who have never been Interested
in the workings of the Western Fedora
ton of Miners; they have never been
CARNATIONS. They are men who are
able. as perhaps no other class of men
would be able, to hear the evidence
in such a case as that at Boise with
perfectly unbiased minds.
Are All Western Men.
The jurors are all Western men who
have spent their entire lives in the
far west. But strange to say, not one
of them chances to be a native of Ida
no, the ITEM OF the MOuntdihS, as II
is called in an Indian tongue. Eight
are natives of the United States, the
other four having hailed, two from
Canada and two from Scotland. the
states of the Union which are repre-
scented in the nativities of the Jurors
are Pennsylvania, Iowa, Nebraska,
Kansas Illinois and Missouri.
The man who occupies seat No. l, in
the Jury box, and who is very likely to
be chosen as foreman of the famous
Jury when it retires for its delibera-
tions, is Thomas B. Cess, a man who
has been so long in Boise as have
become identified with the pioneer his
tory of the city and of that section
of the State.
In the early days, twenty years or so
ago, Cess was Chief Deputy and Book
keeper to the Sheriff of Ada County.
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