The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-06-04
Haywood at Last Faces Jury in
Murder Case.
James e. Hawley Opens for
the Prosecution.
THEIR NINTH LAWYER
Additional Counsel Appears on
Side of the Defense.
The Defendant Was Ill Again
During the Night.


WITHIN D. Haywood secretary and
treasurer of the Western Federation OF
Miners. charged with the murder OF
Frank Steunenberg. former governor
of the state of Idaho. commenced in
earnest this morning. when James H.
Hawley. leading counsel for the prose-
cution, made his opening address to
the jury.
Counsel for the defense claim that
the development of the case will show
plots of much larger dimensions than
those limited at by the prosecution.
They assert in behalf of their clients
that the "capitalistic class" hopes by
the arrest of these heads of power
full labor union to arouse sentiment
against labor unions and by the con-
viction of Haywood crush out the
cause of union labor. They charge [
the outset and without revealing their
defense, that the whole confession of
Orchard, who they admit Is the muir
derer, and the case outlined by the
state, is a fabrication cleverly built up
by the aid of detectives. that their
clients are innocent of wrong doing,
or of any completely in the murder or
series of murders charged by the state
against Haywood, Meyer and Petit
bone.
The case of the state. it is said by
counsel. will show that no less than
26 murders. each one of hem as das-
tardly as that of Steunenberg, were
conserved by what is known as the
Inner circle of the Western Fedora
ton of Miners. This timer CIRCLE it
will be claimed. acted independently
and without the knowledge of the
members and at no stage of the pro-
ceedings will an effort be made to
show that more than a score of men
had any knowledge of what was go
ing on.
will show that the president of the
Western Federation and the secretary
and treasurer were ambitious in their
plans and that it was hoped to ANAL
gamate this powerful labor organiza-
ton with others throughout this coun-
try so that they might become po-
litical factor and a dominating in
fluence- through the numerical strength
and financial contributions of the
hundreds of thousands of workingmen
who contributed support to union
labor.
A very large number of witnesses
are in the city and the court room at
the first session after the jury box had
been filled was crowded. most I'M
usual thing since the opening OF the
case one month ago.
At the Monday afternoon session OF
court the Indictment which charges
William D. Haywood. Meyer, Pettibone
and Simpkins jointly with causing the
death of former Governor Steunen-
berg by an assault with bomb, was
read to the jury. The II men in the
box listened intently as the clerk rat
tied off the legal proceedings in mon
ily were in court to hear the indictment
and the court room was crowded for
the first time in many days. The COM
pletion of the jury has quickened local
interest in the trial.
lust prior to the reading of the in
dictment the name of Peter Breene or
Butte, Mont. was entered as an adj
tional member of counsel Tor the de-
&c he Sr1fh Ia yaIs n
be engaged in the defense. He is thor
oughly familiar with the Occur d Alene
troubles and is said to have been re-
tanned for advice on points which lead
back to the riots and the disorder in
northern Idaho.
The bomb described in the indict-
ment against Haywood and the others
Is said 70 have prepared with dynamite
when Governor Steunenberg opened the
gate leading to his home ne
acid The acid coming in contact with
dynamite caps set off the combined ex-
plosive. Harry Orchard. who has con-
fessed to placing the bomb, has been
separately indicted.
When the reading of the indictment
was concluded. Judge Wood gave the
bailiffs in charge of the jury strict in
structions as to the care or the jurors |
They may have communication with
others only by order of the court. Their |
mail will be censored by the court and
the papers and magazines given them
to read will also be censored
Late last night Haywood was again |
taken sick. He asked the sheriff to
send for a doctor and the county physi- |
clan was a once summoned. Haywood |
told him that he feared return of
the attack of Saturday morning and |
asked the doctor to leave him some |
medicine. DR.. Lewis prepared a pre- |
scription which Haywood took and af- |
forwards said that he felt better At
fear- laax he Tor 7 Gfa
ted that Haywood was not at all seri- |
ously i'll. but that his nervous system |
was in bad condition, and while there |
was no immediate danger of the re- |
turn of the acute attack. the prisoner
would have to be careful.
In the work of securing the Hay |
wood jury the court has been in ses-
sion fifteen days One hundred and /
ffty-six talesmen have been examined
OF this number thirty-four have quail
flied. including the twelve men now in
the box.
In joint interview with Mr. barrow
and Mr.. Richardson after the empan-
cling of the jury the following state
ment was made by them:
The Haywood jury is made up of
eight Republicans. three Democrats
and one Prohibitionist. 1t consists of
nine farmers. one real estate agent,
one building contractor and one fore
man of fence construction on a rail-
road There is no man on the Jury
who works for wages, or who has ever
belonged to a labor organization ex-
cepting Burns. who was a member of
the Carpenters union fourteen years
ago. or who has ever been a student of
trades unionism or the labor question
In the 200 ordered jurors draw, not
more than three trades unionists were
placed in the panel, and these were ex-
cused for conscientious objections to
"a pital punishment and fixed opinions
The jurors drawn have been mainly
farmers. tnterspersed with a large
aumber of bankers and some business
men.
THE jurors appear to be men of
honest purposes, determined to give