Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-05-08
COURT REVIEWS THE CASE
State Led to Believe That the Defense
Was Ready.
DEFENSE NOTES AN EXCEPTION
One Juror Excused After the Decision
is Reached-Case May
Now Proceed.

ROISE Laho, May S-The motion LOT
bill of particulars filed by the defense m
the case of w. H. Haywood, secretary anu
treasurer of the Western Federauoh vi
Miners. charged with the murder OF Tor
mer Gov Steunenberg, was denied 'hi'
morning by Judge Fremont "ooo.
Counsel for the defense noted an eAcep-
ton to Judge Woods ruling iney s,, me- for
announced that they would De reau! i
trial TO proceed tomorrow morning. 1a a.
wood was remanded to the CUSTODY vi 'Ao
sheriff and court was adjourned. -
The decision In part is as folo"s. an
examination of the record discloses the
fact that after argument by counsel vi
May 81 1906. an order was ehteteu SlaSlne
all proceedings in this case UNI III. "f IN
neal in the matterof haoeas corpus III
The United States court, district or luano,
TO the Supreme Court of the United States
could be finally determined.
No other action appears to nave peen
taken in the case until the March term
1891. in Canyon county, when the oeIenu
ants application for a change Oh Nehus
heretofore was heard by the court, anu IL. as
n result of said application this cause was
ON March % transferred from the district
court of Canyon county to this county ior
trial
Said They Were Ready.
Immediately following the ruling OF the
court upon application for change OF venue
counsel for the defendants in open court
gave notice that the defendants would de-
mand separate trials, and it was also stated
that the defendants would be ready Tor triai
at such time as might be fixed by the court.
AT the opening of the April term of court
In this county the defendant and DIS at
torneys being in court and consehtins
thereto. the time for trial was fixed Tor
May .. and l assume that preparations
have been made therefor. CO.
"This motion appears to have been nied
in this court on April 26. The court mas
been in almost continuous session since
April I. when the case was set Ior TRIAL.
Rights in the Case.
eff in the exercise of the sound legal dis
erection of the court, the defendant Is en-
titled to this bill of particulars he will also
be entitled to a continuance of the cause
when the bill of particulars is presented,
upon making a showing of necessity for
further time to meet the specifications con-
tanned in the bill.
And while the granting or refusing
of a motion for a bill of particulars
could not be assigned as error. yet the
refusal to grant a continuance upon
proper showing after the motion for
bill of particulars was allowed would
be assignable as error. The state has
evidently been led to believe that the
defendant in this case was ready and
prepared for trial.
Declarations of Counsel.
such have been the solemn declarations
of his counsel upon several occasions, and
/ am clearly of the opinion that it would
now be an abuse of discretion to grant the
motion and order the bill of particulars,
which, in my opinion, has been repeatedly
waived by pleading to the indictment, by
repeated statements of readiness for trial
and by permitting the case to be set and
preparations for trial made upon the as
sumption that the defendant was ready for
trial upon the charge against him. For
these reasons the motion will be overruled.
When Judge Wood had finished reading
his decision there was moment of COM
plete silence in the all but empty court
room Then Mr.. Richardson of Haywoods
counsel arose.
I'VE desire to reserve an exception, he
said
THE exception will be noted" declared
Judge Wood, nodding to the clerk OF the
court.
A Juror Excused.
Immediately after the adjournment of the
court one of the jurors of the regular
panel was excused for the term. The
Juror was Ben Eastman, treasurer of the
Boise Gun Club. who stated that state
shoot was to be held In Boise commencing
tomorrow under the auspices of the club.
Clarence s. barrow supported Mr.. East
mans application to be excused, and as Mr..
Borah had no objections Judge Wood or
dered the defendant to be again brought
into court, and when Haywood had been
seated the formal excuse was offered and
granted. Judge Wood announced that two
or three members of the regular panel to-
morrow morning would offer legal excuses.
The panel. as it stands at present. consists
of twenty-eight jurors.