Omaha daily bee., 1907-05-09
TRIAL BEGINS TODAY
W. D. Haywood Will Be Araignsd for
Conspirine to Murder stsuneuberg.
NOTION FOR BILL OF PARTICULARS DENIED
Request Should Have Been Made Before
Case Was Set for Trial.
IT CANNOT Be ENTERTAINED NOW
R,a srits Of the Motion Are Not Passed
Upon.
CASE WILL CONSUME SEVERAL WEEKS
Great DihicuIty Expected I'm Securing
jerry because OF wide Acaunint-
nee of Accused and
Murdered Man.


BOISE, Ilaho. May s--By overruling to-
day the motion of the defense for bill
OF particulars setting forth what overt
acts. II any thore were TO connect the
accused with the murder of former Gov
ernor Frank steunenberg. Judge Fremont
Wood of the district court of Ada county
cleared the way for the trial Of William
ID. Haywood, secretary of the Western
Federation of Miners, which will begin
tomorrow morning. Judge Wood held
that the request Of Haywood's counsel
for a more explicit statement of the
charges against the prisoners came too
late, regardless of whether or not 1t
might have been entertained at IN earlier
stage Of the proceedings. In cases where
bills Of particulars are allowable, the
man who is to preside over the trials of
the accused miners declared the motions
must be made before the Indictments are
pleaded to and before the cases are set
for trial
Haywood is the first Of the four men ac-
cused OF completely In the steunenberg
murder to be selected for trial. The others,
Meyer, Pettibone and Orchard, the last
Of whom is said to have made a confess
sion. with be tried as circumstances die
tate. following the conclusion Of the pro-
ceedtngs against Haywood.
All Ready for Trial.
Tonight the prisoner, his counsel and the
attorneys specially retained to present the
case and plead the cause Of the accusing
Bta'N, are ready for the long ordeal in
court. The FIRST, and one OF the great tasks
of the court Is to secure jury, and that
win be commenced tomorrow morning as
soon as Sheriff Hodgins has intoned the
formal cry opening the court Estimates
Of the time necessary TO select twelve men.
good and true vary. but practically none of
them place the ume under three weeks.
The victim of the Caldwell assassination,
long conspicuous figure In the political
life OF the state, was possibly known to
hundreds of citizens of Ada county, and
lsrsonal alignment and partisanship on the
labor question. in which the prisoner and
his cO-defendants were for long time ac-
tive leaders, is quite general, 30 that it is
at once difhcult and delicate task to fnd
men free from the disqualifcations that
unfit them for the high duty of juror.
Many men who know the community
wen and who add to their calculation the
further handicap of apprehension of flu
ture violence for revenge, take the ex-
treme view IL will be impossible to secure
jury. but the weight Of opinion is against
this --,trome conclusion.
There Is as yet no indication Of the scope
OF the case which the state will seek TO
prove against Haywood. It is naturally
assumed however. that Messrs. Hawley
and Borah will seek TO make the showing
as to the alleged conspiracy as broad as
possible without endang,-ing It upon ap-
peal. assuming that there is a conviction.
Discussing this phase Of the case one OF
the counsel for the prisoners said:
THE broader the scope OF the case Of
fsred by the state. the better we win be
satisfied"
Defense Springs Surprise.
The defense sprung a decided surprise to-
night by announcing the retention of Ed.
gar l. Wilson OF Boise as assistant counsel
Mr. Wilson Is a former law partner OF
Judge Fremont Wood, who is to preside al
the trials. He served two terms in congress
and is well known throughout the west as
an able lawyer. He is thoroughly con.
versant wit the details of practice In the
local courts and is regarded by both sides
as adding strongly to the array of lega
talent on the side of the accused miners
number OF socialist leaders, including
editors and speakers. have arrived in the
city and planned tonight 10 hold an in
formal meeting. One of the speakers wht
arrived today from Seattle was requested
this afternoon TO appear before Mayoi
names NufEC ne was tolu bnat puuuc dHl
tation would hot - allowed IN Boise durinl
the continuance q the trials. This sans
speaker was her some eight months ag,
and was active in a street corner discussion
on socialism.
Opinion by Court.
IN deciding the motion Judge Wood said
IN part:
An examination OF the Indictment in this
case dlscloses the fact that tn offenss
charged In each count Is set forth witt
great care and particularly the time anC
place are specifically set forth, as wei
as the person upon whom the assault was
made and the specific means by which tht
blow which produced death was struck
A bill OF particulars could not convey any
informa ton to the defendant on these
questions which he does not already pos.
sess The only question Is this: Assum.
Ing that the state must prove conspiracy
and that the defendant was connected
herewith, which conspiracy resulted Ia the
death OF Frank SteunenberE is the de-
fendant entitled 60 the particularization OF
the several acts or circumstances upOr
which counsel for the prosecution rely II
order TO connect the defendant with sucf
conspiracy ! do not think Il necessary L
state az this time what the court would
90 II this application had been presented
before the case was set for trial As thu
court now Views the matter the defendant
has waived his right 20 such bill of partic
nlars not only by pleading 20 the indict
ment, Dut further by permitting the cas-,
70 oe SET Tor trial without making such