Los Angeles herald., 1907-05-07
HAYWOOD CASE
OPENS At BOISE
DEFENSE ARGUES FOR BILL OF
PARTICULARS
Judge Wood Hears Statements Of
Attorneys for Both Sides and
VIII Render His Decision
Wednesday
BY Associated Press.

BY Associated Press.
BOISE, Idaho, May 6.-Judge FIRE.
mont Wood will on Wednesday next
decide If on the eve of his trial for
the murder of former Governor Frank
Steunenberg, w. A. Haywood is en-
titled to receive at the hands Of the
state a bill Of particulars, specifying
the overt acts charged against him.
The motion Of the defense for this
disclosure of the case Of the state was
al gued at length today and at the
conclusion of the discussion the court
announced that it would make a de-
cision at the time stated.
The prisoner, under guard Of Sheriff
Hodgin and two deputies, was brought
into court for the argument. OF his
counsel, both Frank Richardson OF
Denver and Clarence Darrow of Chi
cago, pleaded in his behalf. Senator
Borah alone spoke in behalf Of the
state, although James H. Hawley, his
assistant, was in the court room wher
the proceedings began. The discussion,
always earnest, was characterized at
times by deep feeling and dramatic in
tensity.
Mr.. Richardson, who opened the ar
gument, contended that the Indictment
was lacking in particularity, that 1t
left the defendants in the dark as to
the nature of the case to be presented
against them, and the defendants were
entitled to more specific showing of
the case. He submitted an extended
brief, citing great number Of authori-
nd yoraaadnntd In fqUnr nf his CON-
tention.
Mr.. Borah in replying, declared that
the defense was seeking disclosure OF
the proof in the hands of the state
rather than more perfect pleadings and
asserted that the reports contained no
single authority that would support
such a contention.
Mr.. Darrow, who closed the argu-
ment, began by saying that 1t was the
purperr- of the defense to secure dis
closure o. the evidence in the hands
Of the prosecution and asked why the
defense was not entitled to such a
showing.
"Surprise" Testimony Feared
He made spirited attack upon the
attitude of the prosecution toward it's
witnesses and evidence, describing it
as mysterious, unfair and unjust. He
asserted that the only question IN
volved was one of fairness and JUS
tice to the accused, laid stress on the
difficulty of securing testimony from
distant points and the danger to the
defense of surprise" testimony and
passionately asserted that the rights
of the prisoners were as much in the
hands of the prosecution as in the
keeping of the defense.
In answer to Judge Wood, Mr.. Oar
row said that the defense was not
ready to go to trial, but Mr.. Richard
son interrupted him to make the quali-
fication that the defense was as ready
as it could ever be in the circumstances
where the case of the state was with
held from it. He said that in all other
respects the defense was ready.
Mr.. Richardson responding in br1ef
to the argument of Mr.. Borah, said
that the counsel for the state made no
distinction in his argument between
the overt acts which the state would
seek to show against the prisoners and
the evidence by which 1t would seek
to show the commission of the alleged
Overt acts. The defense wished to
know what the overt acts were.
Mr.. Borah closed the discussion with
a spirited speech in which he defended
secrecy in, obtaining witnesses, in
stancing the loss of two in Colorado
yesterday. disavowed desire for any
mans blood unjustly and avowed the
purpose Of the state to do its duty.