The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-05-07
OPENING MOVE: |: IN
TRIAL OF HAYWOOD "A
Bill Of Particulars in the Case
Being Sought BY the
Defense.
COURT TO RULE WEDNESDAY Fl
Clarence Darrow, Counsel for
Miners, Resents Interference
Of President Roosevelt.

BOISE, IDAHO. May 6.-The argu-
ment Of the motion Of the defense for a
bill of particulars In the case of Will
liam D. Haywood, charged with tn"
murder Of former Governor Steuner-
berg. was commenced before Judge FIRE.
mont Wood at 1915 a. NJ. o-dny. BY
direction Of the court Haywood was
brought up from the county Jail below
to attend the hearing on the motion.
Sheriff Shad Hodgin and two deputies
brought the prisoner into the room and
gave him seat ut the table Of his
counsel. He was not handcnfred.
Senator Borah represented the State,
and Messrs. Richardson and DarroW3 the
prisoner. 80 q lta8I lDaiY
Mr.. Rfchardson5oper Slis argument
by reading the indictmen tEor Haywood,
Afoyer, Pettibone, Orchard ind Sirlp-
kins, charged with the murder Of Gov
ernor Steunenberg.
Mr. Richardson contcnded that the In
dictments only showed that Governor
Steunenberg had been killed by a bomb,
that Haywood was charged with con-
spring to have Steunenberg murdered,
and that Haywood was charged with
being present and actually committing
the crime, an assertion that every one
knew to be untrue.
Mr.. Haywood" J" said the attorney
knows Ell that he did at all times, but
he does not know what witnesses may
come here and testify. He is entitled
to know that overt act charged against
him. The indictment gave the prisoner
absolutely no information as to the ma.
ture OF the charge against him.
The States Contention.
Senator Boral. who began for thu
State said that the defense was not seek.
| ing particularization OF the indictment
| but possession OF the evidence by which
| the State hoped to prove its case. HI
then explained that the charge that Hay
wood was at Caldwell when the murde
was committed was necessary under th
Idaho statutes.
Senator Borah said that the indict
ment as to murder was surely specitl
enough to show the prisoner the exac
| nature Of the charge he must meet. TIL
demand for particulars as to the conspir
acy was a demand for evidence.
Clarence Darrow. of the defense. thel
addressed the court. He said that abou
all there was to the provision was tha
II the court thought it was fair to lav,
| the bill of particulars, it could t,rant 1t
It was purely q question Of fairnes
and Justice to the defendant,
"A1r. Borah says we do not want
better pleading. but that we are after tn
1 evidence" said Mr.. Darrow. I'VE are
why not? Why are we not entitled t
know what the evidence will show, s
that we may prepare to meet it?"
Judge Wood at p. M. announced tina
he would not decide the matter Of fur
nishlng the defense bill Of particular
until NNdnsday morning at 10 o'clocA
Court then adjourned for the day.
1 Immediately before the opening Of tn
court for the hearing Of the motion fo
a bill of particulars. Clarence Darrow. {
counsel for the defense. said to the COZ
4 respondent of the Associated Press:
A Under the laws and Constitution
Meyer. Haywood and Pcttibone arc to b
/. tried In court by jury Of their peers
4 The forum is the State Court of Idaho
4 Under these facts I do not see whl
4 there is for President Roosevelt to d
/ We have neither q right nor desire
4 ask Of him or any person that Judge
Z shall administer the law fairly and Will
out prejudice and without influence frol
the outside" 9