Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1907-05-06
MUST GO FREE
# INNOCENT
President Cuaran-
tees Haywood ct
al Fair Trial
DECLARES FOR JUSTICE
Arguments Heard on De-
fense's Application for
Bill of Particulars.

Boise, Idaho, May Ga letter writ
ten by President Roosevelt to the
joint committee representing the
various labor unions of the country.
in answer to request by the unions
that he present evidence to prove his
recent statement that Haywood, Moy-
er and Petibone, were undesirable
citizens" was published here today. In
1t the President declares that justice
shall be done, that the accused men
shall have a fair trial and if innocen.
they shall go free. He states that if
any attempt is made to railroad them
to the gallows, he will interfere. The
publication of the letter caused lit
tie comment here
Trial Commences Thursday.
The application for a bill of partic-
ulars, filed by counsel for the defense
in the case of w. D. Haywood, presi-
dent of the Western Federation of
Miners, who on Thursday next will
be placed on trial here charged with
the murder of former Governor S-eun.
enberg, will come up for argument to.
day. Counsel on both sides admit
that the application for bill of par
ticulars is not likely to affect the
case materially.
Such Proceeding Unusual.
Such a bill in murder case is
somewhat unusual, but counsel for The
prisoner express themselves that
they should complete their record by
such course. 1t is admitted by the
prosecution that Haywood was not in
the state when the murder was COM
mitted but they claim that Haywood
conspired with the actual executor
of the crime and is therefore guilty
tf the murder.
Wants State to Show Its Hand.
The purpose of the application for
a bill of particulars on the part OF
the defense is to force the State to
show in advance of the commence
ment of the trial in wha-. manner
the State expects to link Haywood
with the murder of Steunenberg.
Defense Asks No Favors.
Just before the opening of cour-- for
the hearing of the motion for a Dill
Of narticulars, Clarence Darrow, OF
the counsel for the defense, said to a
correspondent of the Associated
Press:
"JJnder the laws and constitution
Mover. Haywood and Pet.ibone are
to be tried In court by jury OF
neers. The forum is the state SUI
nreme court of Idaho. Under these
facts 7 do not see what there is for
the President to do All we have a
right or desire 20 ask either OF hlm
or any other citizen is to leave the
courts and jury to administer the law
fairly and without prejudice ano
without any influence from the out
side"
Witnesses for state Disappear.
Both sides finished their arguments
on the application for bill OF par
ticulars at 1890 o'clock this afternoon
Court then adjourned until O'Clock
when it was expected that Judge WOOD
would hand down decision. In his ar
gument Attorney Darrow, for the de-
fense objected to the issuance OF sub
poenas in blank. To this Senator
Borah for the state replied that sucf
procedure was necessary because Y
the prosecution revealed the names o.
their witnesses they would not be able
to get them to the court house. He
said that within twenty-four hours two
of their most important witnesses
from Colorado had disappeared, one
entirely and another refusing to come
to Idaho to testify