The Hartford republican. (Hartford, Ky.) 18??-1926, 1907-05-10
100000 FOR DE-
TENSE OF Miners
Labor Unions All Our United
States Aiding.
Every Room in Boise Engaged by
Army of Lawyers And
Reporters.


cry available room in Boise has been
reserved for lawyers, witnesses or
"a ,ws2apes- msnsin attendance on the
TDurt Which will try William ~ Hay
(wood on the charge of murder of for
inner Governor Steunenberg.
That there might be some delay is
intimated from time to time, but the
features of this have 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.
1t is believed that the defense fund
which has been raised by labor unions
and the Western Federation of Miners
is more than $1,0O0,OOO.
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 no
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 applicable it 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 20 the defense. The
State has already paid bills amount
ing , $4,000, and at the last session
of the Legislature of Idaho an appro-
priation of $4,000 additional was
unanimously passed, all parties con-
curing.
When Gov. Steunenberg was assas-
sinated the mine owners association
offered a reward of $1,000 for the ar
arrest of the murderer. Later this
amount was returned to the mine own
ers by Gov. Gooding. with the state
ment that the State of Idaho would
defray the cost of the prosecution of
the murderer or murderers whoever
they might be.
James H. Hawley, leading consul
for the prosecution, was asked to-day
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 de-
lay, and that the prisoners have been
kept in confinement without trial for
an unwarranted period. Mr.. Hawley
said:
1.-The revised statutes of the United
States treating of appeals to the Su-
preme Court of the United States from
United States Circuit Courts in habeas
corpus where a prisoner is held by
State courts, makes null and void any
of the State pending an appeal. The
great majority of courts OF last resort
hold any action on the part of the
trial court absolutely void until the
decision or the Supreme Court of the
United States has been actually rem
dered.
1T will be seen, therefore, that If in
May, 1906, we had proceeded with the
trial in the trial court of this State
before the decision of the Supreme
Court had been rendered, the defend
ants 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-
vening of the District Court of Can
yon county in May, 1906, called the
attention of the defendants attorneys
Ito this provision of the United States
statutes and stated in letter to them
that we were ready and anxious for
an immediate trial, and If they also
were. ready they should arrange mat
tiers so that we could proceed to trial
without harm being worked to the de-
PENDANTS. We pointed out that all OF
\. their rights would be saved If the APP
heal from the Circuit Court was dis
missed.
1.-The attorneys for the defendants
answered our letter, declining to dis
miss the appeal and expressing them
selves as fearful that question OF
Jurisdiction might arise upon the pro-
ceedings Of the Supreme Court of this
State, which would be injurious to
them in the appeal from the United
States Circuit Court was dismissed.
ION the opening day of the State