Show I HAYWOOD Will GT GET NO Bill Of PARTICUlARS Motion Overruled by ly the Judge and Exception Taken by Counsel for the 4 Defense Work of Securing a Jury in the First of the So Dyna Dynamite mite Cases Will Begin Today Bop Boise May S By overruling today the motion of or 0 the defense for a bill of ot par parti partI ti ulars setting forth what overt acts if IC any there wore wora to connect the accused with Ith the murder of or former Governor Frank Judge Fremont Wood I of the district court of Ada county cleared 1 tie 1111 way 1 a for the trial of oC William m D Hay lIa i nood secretary of oC the Western estern Federa I t ton on of oC Miners iners which will III begin tomor tomorrow I row morning Judge Wood held that the request r of oC counsel for a more explicit statement x of oC t the tho charges against j the prisoner came too late regardless re ardless of oC whether Wh her or not it might have haye been en i i at an earlier stage of oC the pro proceedings j I j In cases where bills of oC particulars particulars I I lars arc are allowable the men who are to i i preside over ocr the trials of the accused miners rs declared the motions must be made mad before the Indictments are pleaded to o and before the cases are set for or trial Trial First I IHa i p Ha Hawood wood woodis Is ls the first of at the four men I of complicity In tho the murder murd r to be selected for trial The oth others I ers Moyer Pettibone and Orchard the thelast Jast last of oC whom Is said to have made mado a con confession confession confession will be tried as circumstances s dictate following the conclusion of oC the proceedings against Haywood Tonight the prisoner his Ills counsel and the attorneys specially retained to present the case ase and plead the cause of oC the ac accusing cusing state are ready read forthe for the long tong ordeal Jn In court The Tile first and one of or the great tasks of oC the court is to secure a jury and that will be commenced tomorrow morning as soon as Sheriff Hodgin has intoned the formal cry cr opening the court T of o the time necessary al to se select lect ett twelve tel men good and true vary var but practically none of or them place the time under bader three weeks Jury Will Be Hard to Obtain The victim of oC the Caldwell assassination tion long a conspicuous figure In the al life liCe of or the state was personally known to hundreds of oC the citizens of Ada county and personal alignment and par on the labor situation in which t de prisoner and his codefendants were I for or a long period active leaders lenders Is quite genera so that it Is at once a difficult and aid delicate task to find men free tree from rom the disqualifications that unfit them for forthe forthe or the high duty of oC a Juror j Many r men who know the community levy ery well and who add to their ton the further handicap of or apprehension cf C f future violence for revenge take the extreme view that it will be impossible to secure a jury but the weight of or opinion ion is against this thin extreme conclusion Case of the State There Is as yet nt no indication of oC the theore I sore Bore ore of the case which the state will seek Eelk to prove against Haywood Haywoo It Is naturally assumed however that Hawley and Borah will seek to make the snowing as to the alleged conspiracy as broad as possible without endangering it upon appeal assuming that there is a ac conviction c Discussing this phase of the thease case ase one of or the counsel for Cor the prisoners said The broader the scope of the case cac of offered offered fred by b the state the better we will be satisfied Nearly forty special correspondents for forress press ress associations and newspapers have come orne to Boise to report r port the case and special wire arrangements have been made for or the tho transmission of oC their dis db dispatches dispatches patches One of the prettiest little cities typical typical cal al of at the modern west Is characteristically cally serene and placid on the eve ec of oC the first of the great Ireat trials There was no noA J A i eat influx of oC visitors today the news and writers and others 1 hose whose business has called them here having baYing arrived singly and In tows tos and threes during the last ten days das All AU have been surprised at the seeming lack of oC in interest Interest interest terest manifested by the citizens of oC this capital city It of the state One finds on arriving here that the discussion of the theat cam at Is confined almost entirely entire to the newcomers COmers Boise Citizens Not Excited The residents of Boise seem sem em satisfied that equal justice will be NIne ne and they are arc content to let the tho matter be threshed ot Out in a II court of oC law This city Is Jar far removed from rom the mining country rail raU railway raIlway way communication with the Coeur d and other districts being cir clr circuitous and in some instances all but un unavailable available Ada county count in which Boise Boiset 1 t q situated Is a county of or large agricultural agricultural tural Interests Irrigation has made the theland theand land and wonderfully fertile and farming is the one great grant Industry Labor unions and unionism are practically unknown to the themen themen themen men who till the soil soli It is from among the tile farmers that the jury may ma be ho se selected selected There Is nothing on the surface tonight to Indicate any feeling in any quarter of the county count either for or against the prisoners The day has been one of oC per perfect Pct feet summer conditions the te sun Run at noon having a touch of or July warmth in IIi its direct rays ras While the authorities of the tho county and state have undoubtedly laid iak lal careful plans to meet any an emergency which may mo arise they do not propose to act until they the have to Regular Police Force The TIle streets tonight are being patrolled l only by b the regular platoon of the city police force The people are occupied by their business or ov social socia pleasures and there Is absolutely nothing to indicate that the trial which has created such suh widespread interest throughout the world is about to begin in this community A striking illustration of oC the unruffled atmosphere of Boise ww 19 the fact that this afternoon Mrs Goading wife iCe of Gov GO Governor Frank H Gooding was hostess at ati ata ata a fashionable reception and luncheon at atthe atthe atthe the Idanha hotel where she and the chief executive of or the state are arc at present mak making making makIng ing their home Few CW Persons p In Court The proceedings In court today with Hawood Haywood in attendance attracted less than a score of persons outside of or the law lawyers lawers lawyers ers and newspaper men There is little litHe indication that the attendance tomorrow will be much larger although preparations preparations preparations have hae been beep made to handle a large crowd The fact that many days must be spent in may have some something something something thing to do with the tho lack of oC interest man manifested manIfested at this stage of oC the proceedings The people as a whole are also com corn completely completely in the dark as to the details of the case the state claims to have the accused men The fact that Harry Harr Orchard who says he placed the bomb which destroyed Governor is supposed to have made a confession is about all that the public is I aware of Neither the prosecution nor the defense has cared to make its plans common property Prisoners Express Confidence Haywood and his mellow fellow prisoners Moy Moyer er and Pettibone who are arc detained in the county jail beneath the court were out upon the lawn this afternoon enjoy ing the sunshine They played at quoits and other games Members of family called caned to see him and spent several hours in the comfortable chairs arranged for or them In the shade of the big velvety grass gra plot surrounding the court house The prisoners express confidence at the outlook and believe beHave they the will be acquitted of any ny complicity in the murder They are anxious for their trials to pro proceed proceed proceed promptly and without interruption Inte Defense Springs Surprise defense sprung a decided surprise tonight by b announcing the retention of Edgar L Ij Wilson of oC Boise as associate counsel Mr Wilson Vilson Is a former law partner of oC Judge Fremont Wood who is isto Isto Isto to to preside at the trials He served two to terms in congress cong ess and is s well welt known throughout the tho west as an able lawyer He is thoroughly conversant with the de details details details tails of oC practice In the local courts and andis is regarded by both sides as ns adding strongly to the array of oC legal talent on the side of oC the accused miners The other oth r attorneys representing Haywood tomor tomorrow tomorrow tomorrow row and throughout the tho trial will be E F Richardson of oC Denver Clarence S 8 Dar Darrow Darrow Darrow row of oC Chicago Fred Miller of oC Spokane and John E Nugent of oC Boise John J hn Murphy Murph of Denver general counsel for the Western Vestern Federation of Miners Is here and may act in advisory advisor capacity but will take no active part Jn In Inthe the trial owing to ill III health Representing the state will be James IL Hawley of oC Boise one of the best beat known criminal lawyers in tIle the west I United States Senator W E Borah Porah also of Boise Public Prosecutor 0 O M U Van duyn du n of oC Ada county and George Stone special attorney for Canyon Canon county in which the murder was committed CaM Cald Caldwell CaMwell well wen where Governor St lived livedis Uvedis is the county seat of Canyon county count A Achang change chang of oC venue was taken to Boise upon the application of the defense it being contended that a fair trial at Caldwell Caidwell would be Impossible Judge Woods Decision In deciding the motion for lor or a bill of particulars Judge Wood said in part An examination of oC the indictment In Inthis Inthis inthis this case discloses the fact that the of offense offense charged In each count is set sot forth forthwith forthwith with great care and particularity the time and place are specifically set f ct forth as well as the person upon whom wham the as assault assault sault was made and the specific means by b which the blow which produced death was struck A bill of at particulars could not convey any information to the de defendant defendant defendant upon these questions which he does not already possess TIle The only ques question question question tion is this Assuming that the state must prove a conspire r and that the defendant was ted which conspiracy acy ac resulted i 1 the th death of Frank Steu is the defendant entitled to the particularization of or the several acts or circumstances upon which counsel for the prosecution rely in order to connect the defendant def with such conspiracy I 1 do not think It necessary to state stat at this time what the court would do 10 if this application had been presented before be Core plea Continued on Page 2 HAYWOOD WILL GET NO BILL OF PARTICULARS Continued from Page 1 to the indictment or before the tho ease cast was set for tor trial As s the court now views the tho matter the defendant def has waived his hi hilight light tight to such bill of particulars no not only by b pleading to the indictment but fur further thee ther by permitting the case to be set for trial without making such application The plea of ot not guilty to the indictment herein was entered as shown by bv the rec eec record record ord on the day of March 1906 A further examination of the record discloses tho the fact that after argument by b counsel on May lIay 31 51 1 1906 1 an order was entered staying nil all proceeding pr In this caso case until the appeal In the matter of ot ofa ota a habeas corpus in the United States circuit court District of Idaho to the supreme court of ot the United Stales States fin finally finally ally all determined No o other action ap appears appears pears to have hate been taken In the case un tin until until til the March term 1907 1807 in Canyon coun county ty t when the defendants application for tor fora a It change of venue theretofore filed was heard by b the court and as ns a result of ot said application this ease case was on March 25 23 transferred from the thc district cO ut of ot Canyon county to this county for trial Immediately following the ruling of Qt the court upon application for chane change of ot venue counsel for defendants in open court gave notice that the defendants would demand separate trials and It was also stated that the defendants would be ready read for tor trial at such time as might be fixed by b the court At the opening of the April term of court In this county the defendant and his attorneys being in court and consenting thereto the time for fer trial wits wils fixed for May 9 and I assume that preparations p have havo been made Motion Came Too Late This motion appears to have been filed in this court on April 26 The court has been in almost continuous session since April 1 when the cause was set for trial If In the exercise of f the sound legal of the court the defendant is entitled to this thin bill of particulars he will also be entitled to a n continuance of tho the cause when the bill of ot particulars particulars particulars lars is presented upon making a show showIng showIng showing Ing of necessity for further time to meet the specifications contained in the bill billAnd billAnd And Arid while the granting or refusing of ot the motion for a bill of particulars could not be assigned as error yet the refusal refu al alto I to grant a continuance Upon u on proper show showIng showIng Ing log after the motion for a bill of par particulars parI particulars was allowed would be assign assignable assignable assignable able as error The state has evidently been led to believe that the defendant in inthis inthis inthis this case was ready and prepared for trial Such have been the solemn dec declarations declarations of his counsel upon several everal oc occasions occasions occasions and I am arn clearly of the opinion that it would now be an abuse of oC dis discretion dIscretion discretion to grant the motion and order the bills of ot particulars which In my opinion opinIon opinion ion has been repeatedly waived by plead pleading learl ing lag to the Indictment by b repeated state statements statements statements ments of readiness for trial and by b per permitting permitting the case to be set and preparations preparations for trial made upon the tion thAt the defendant was ready read for trial upon tho the charge against him For these reasons the motion will be over oyer overruled overruled ruled Exception Taken by Defense When Judge Wood had finished read reading Ins Int his decision there was a n moment of complete silence In the all but bit empty court room 0 Then Mr Richardson of ot counsel arose We desire to reserve an exception he said The exception will be noted tinted declared Judge Wood nodding to the clerk cleric of th thc court We Vo wish to say that we f ar ready read for tor trial interposed Mr Darrow also of Counsel for the tho defense defence If It there Is I nothing more today tOda gen gentleman gentleman tieman the defendant win Will 6 be remanded to the custody of the tile sheriff sheri ft The case will wilt gO KO on tomorrow Immediately after the adjournment of court otto ono of the Jurors of the regular panel was excused for tor the term Tills This Involved a reassembling of the counsel The juror was WM Ben Boatman Elu the treas treasurer treasurer of the Boise Gun club who i ho Stated that a It state shoot wa was to be b 11 beld held In Boise commencing tomorrow under tinder the thu th auspices of the tha club and amI nd asked to be excused Clarence Cl rence S Darrow supported the ap application |