The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1907-05-14
NOT MUCH PROGRESS IN SEcUR-
ING JURYMEN
FOR HAYWOOD TRIAL
Prosecution Admits That Evidence
Will Be Largely Circumstantial.-
Confession of Harry Orchard of Lit
tile Weight Without Corroboration.

Boise, Idaho, May 14.-With twelve
jurymen in the box, four of whom
have been passed by both prosecu-
ton and defense, and IA talesmen yet
to be called, the trial of w. D. Hay
wood opened this morning at ten, the
third day of the trial. with every pros
pect of completing the jury before
the end of the week.
Clarence S. Darrow, OF, Chicago,
took up the examination for the de-
fense today when the trial was re-
sumed, beginning with J. L. Wagon
err After a searching examination
Waggoner was excused by consent of
the court 1t developed in the exam
ination of J. w. Smeed, the next We
7lireman, that he was opposed to con-
viction on circumstantial evidence,
and he was promptly challenged by
the prosecution, Attorney Hawley of
the prosecution saying that the evi-
dence of the state was largely circum
stantial. The challenge was allowed.
One more juror was secured as
result of the morning session. This
makes five now in the box, all of
whom are subject to peremptory chal-
lenge before they are finally sworn
in as trial jurors.
Boise, Id, May 14.-Whether VIM.
D. Haywood and mis- alleged fellow
conspirators will be acquitted Or
hanged by the neck until dead de-
pe1ds to a considerable extent upon
Steve Adams.
Under the Idaho law, the confes-
sion of a co-conspirator such as Har
ry Orchard, is not sufficient to convict
unless corroborated by the evidence
of others. Adams, a former member
of the Western Federation of Miners
made a confession in which ne cOrrOb
grated the statements of Orchard, but
later denied its truth, declaring that
is was secured by means OF threats
made by Detective Mcfarland, Cover
nor Gooding and others. What weight
the affidavit of Adams will have with
a jury under such circumstances is
an interesting subject of discussion
in Boise 1t is the crucial point on
which the prosecution rests, with life
or death hanging in the balance for
the accused labor leaders.
Steve Adams was arrested on his
farm in Oregon, shortly after the kid
mapping of Haywood, Meyer and Pet
tibone, and brought to Boise. Despite
the fact that no charge had been filed
against him, he was lodged in the
state penitentiary, to be Aeld as a wit
ness against the Federation officers.
Shortly afterward Detective MOZART
land announced that Adams had made
a confession corrobOTating that OF
Orchard and incidentally admitting
other crimes, including the murder of
two claim jumpers il northern Idaho.
During the time that Adams was kept
in the prison his wife was with him
being kept in Communicate against
her will, she now declares.
hi CT in f1n a p u
Adams was deprived of nothing but
liberty. The "best families" of Boise
visited him in his cell and wined and
diled him to his stomach'S content.
Although a confessed assassin, ne be-
came a social hero and was praised
inordinately as one who had dared
defy the terrible powers of the Inner
circle of federation assaSsins. Adams
occupied a cell with Harry Orchard
for a considerable time, and that
bloody parsonage shared in the popu-
lar adultatioa. Governor Gooding was
a frequent visitor and is known to
have had several long interviews with
Adams.
The confession of Adams was made
in February, 1906 In September of
that year he was visited by an uncle
in disguise, who secured mis- liberty
through habeas corpus proceedings.
Once outside the grim walls of the
Idaho prison, Adams at once denied
the statement made in his confession.
In an affidavit he declared that he
had been coerced by Detective McPar
land into signing a document. and
that he had no knowledge of its con-
tents The affidavit was of a sensa-
tional nature and accused Governor
Gooding of backing up Mcfarland
in mis- threats of death unless he ad-
hered to the confession. Adams also
asserted that while confined in a cell
with Harry Orchard, the latter had
admitted that he was to receive a
piece of COIN for duplicating Meyer
Haywood and Pettibone in the muir
der of Steunenberg. and that he was
to be allowed to escape aid make
a a-get-away across the pond"
The reputation OF his confession
by Adams caused great CONSERVATION
in the ranks of the prosecution. The
document secured by Mcfarland was
the trump card of the attorneys for
the state With it, the conviction OF
the labor leaders was almost GER
tainty Without it, the threat attri- |
buted TO the prosecutors. that Meyer, |
Haywood and Pettibone would never
leave Idaho alive. was only so much
wind. Adams was Immediately rear
rested, charged with the murder OF
Fred Tyler, a claim jumper in Sno- |
shone county. AT the trial. which was
held in Wallace early tais year, the !
jury disagreed. seven voting for ac-
quittal and five for conviction
for the defense In the present case.
u