The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1907-05-06
BOISE IS CROWDED
TRIAL OF HAYWOOD NEAR AT
HAND.
Outlook For No Delay In steunenberg
Murder Case-Every Available
Room In Idaho Capital
Is Reserved.

Boise, Idaho, May b.--Practically
every available room In Boise has beer
reserved for lawyers, witnesses OF
newspaper men in attendance on the
court which will try William D. Hay
wood on the charge of numbering for
mer Governor Steunenberg.
That there might be some delay has
been intimated from time to time. but
the fears of this has now been dissi-
pated by statements emanating from
both sides. Clarence barrow, of Chi
cago, and e. F. Richardson, of Den
yer, Jointly leading counsel for the de-
Tense of Haywood. have both stated
that they are ready for trial
Counsel for the prosecution, James
II. Hawley and Senator w. e. Borah
who have been engaged especially are
of the opinion that there will be nc
further delay. An application for a
bill of particulars filed by the defense
will be argued tomorrow morning be-
fore Judge Wood, who will try the
Haywood case. but as his decision is
not appealable, II Is not thought that
this will cause any postponement.
The history of the cases of the men
charged with the murder of Steunen.
berg shows much delay. all of which
has been necessarily expensive to the
State of Idaho and to the defense The
otdtc mas cduy pdiu LOtdlitnE
$4,000 and, at the last session of the
Legislature of Idaho, an appropriation
of $4,000 additional was unanimously
passed all parties concufring.
When Governor SteunenberR was as
sassinated the mine owners association
offered a reward of $4,000 for the ar
rest of the murderer. Later thi.
amount was returned to the mine own
erS by Governor Gooding with the
SfafemRnf that
the cost of the prosecution of the muir.
derer or murderers, whoever they
might be.
The defense fund raised by union
labor throughout the country and an
emergency fund by the miners feder-
alton Is reported to be very large and
the total cost of carrying on this case
from first to last will be enormous
James II. Hawley. leading counsel
for the prosecution. was asked today
to explain the reasons for the delay
in the trial of Haywood. Meyer and
Pettibone. 1t has been charged that
the State has wilfully caused the delay
and that the prisoners have been kept
I'm confinement without trial for an UNI
warranted period. Mr.. Hawley said:
THE Revised Statutes of the United
States. treating of appeals to the Su-
preme Court of the United States from
the United States Circuit Courts in
habeas corpus. where prisoner is held
by a State Court, makes null and void
any action of the State pending an ap-
peal. The great majority of courts of
last resorts hold any action on the part
of the trial court absolutely void until
the decision of the Supreme Court of
the United States has been actually
rendered.
1T will be seen, therefore, that IL In
May, 1906, we had proceeded with the
trial in the trial court of this State be-
fore the decision of the Supreme Court
had been rendered. the defendants
would have been discharged. as they
could not second time be put in
jeopardy of their lives.
Senator Borah and myself. acting
for the State shortly before the con-
vention of the District Court of Canyon
County in May, 1906, called the atten-
ton of the defendants attorneys to this
provision of the United States statutes,
and stated in a letter to them that we
were ready and anxious for an imme-
date trial. and. IL they also were ready
they should arrange matters so that
we could proceed to trial without harm
being worked to the defendants. We
pointed out that all of their rights
would be saved, If the appeal from the
Circuit Court was dismissed
THE attorney for the defendants
answered our letter. declining to dis
miss the appeal and expressing them
selves as fearful that a question of ju-
risdiction might arise upon the pro-
ceedings of the Supreme Court of this
State, which would be injurious TO
them If the appeal from the United
States Circuit Court was dismissed"
On the cause of the delay, Clarence
Darrow, of counsel for tn edefense, had
this to say:
The defendants have not only been
ready for trial. but have insisted on
trial all the time since the indictments
were returned. fourteen months ago.
Every motion for continuance has been
made by the state and resisted by US
After the men were brought to Idaho
writs of habeas corpus were asked in
the state court and Federal court, to
cover any question of Jurisdiction that
might arise Both of these cases were
advanced for as early hearing as we
could get