| Show I TRiAL OF 1 N BEGUN IN BOISE U One of Four Defendants Charged With Complicity in Murder of v ORCHARD IS CHIEF WITNESS Should Defendant be Acquitted Acquited Believed Cases Against Others Would be Abandoned J Array or ur Connel on tl J I 1 l flU liti 14 f 1 Ji 1 Ik ll Ida Idl May 0 William D t Hay jy HI nid 11 secretary an I treasurer of or tho Federation l of If Minors n Is today to a as irs s placed on OIl t trIal lal for complicity in inthe II inthe the ut fl lt Caldwell Ida Idoll On u Doe Doo De 30 Q 1303 ot at Q former foner fo Gov Frank bere bI Is uno no inC ot of four defend defendants ants charged with the murder Thu are arl Charles s H IT J Morer loer president of ot the illo federation Georgi A Iet on onI member of the tho executive ex com coin committee r former onor a 1 1 I of oi thc tM federation and Hurry i irrl Tho Thu last named Is i in 10 t bo be thu the most mo t Important witness s rev for forthe and the thc state against Moyer He Ut is said to o have havo made 1 de da u it I confession and It hON has been beel tho the task of cC the to endeavor to corroborate corroborate rate this confession wherever possible po tIbIe Tho rho Th fact fad that thU caso IB Is tho tim first called for Q trial la a regarded us as In Indicating that the prosecuting aitor attorneys Heys bellevo their thel strongest evidence Is against MI the Iho ot of the federa Cedora federation tion The outcome of ot his caso cao CISO wilt will wi de determine termine ton tho the action netlon to bo bl b taken wih with to IQ Moyer lor and Should there bo be b a conviction ot of and will vIII wi ho bo called for trial In 11 thu order I named On the tho other othor hand hund an au acquittal of Haywood tin In would mean an UI abandon abandonment abandonment ment mett of tho he cases eases tho thu other accused cd of the tho minors 1 II 0 IS organ Orchard will ivIll wi not be tried until ull ui al of at the other otel casus casu are alo disposed of It I is 18 said uld that the evidence III Is so Sl str that he ho cannot cannot hone ion IOP fur or 01 other than a C conviction ot or murder mUlder in tho first fIst degree regardless of pf tho th upon the Indictments In against Haywood la od Moyer r and Or Orchard ci chard ard It Is said sid has been promised no 10 degree of clemency whatsoever In gh giving ing lug for the stub state Having UaIn his bitt hi active part In the heinous cimo of blowing the former formel governor ut uC Idaho to pieces with wih a I bomb at tho th gate ot of lila hIs hil residence Orchard un lc tont lr wil will have to pay the th tb cupl capi tal ta for his confessed dime clime ci Irne Tho rho JIt disclosure of the names of the witnesses fur f r the to state other miter than luau Known through the tho grand 1111 Jury jur Inquiry was made voluntarily bs bl b counsel for 01 the itata talo before tho the ex examination c of ot began egan The Tho ho holst list contains 11 names Including J r Orchard former formel Gov GO Peabody jf cr lr Colorado Miss Cora Cor Peabody daughter of Gov Co Peabody dy VV W K E 1 Ilon president and Ild C J C sei or of the tho Mine Owner 1 i then of Cripple Creek Creel Colo Cola Gon Germ Hell Bell 11 of ot Colorado Colordo Bullo ills Is of Colorado brother of the tha governor Adums Mrs I laIH Frank A Fann F nl of the Untied United Sidles Hlat Interior In b 11 I department In 11 charge claIr 01 I mm forest fOI t reserve In 11 Idaho James Mc Me 10 laland ind nd other Othel detectives seEr I OF OJ l where the time murder was com coin comie ie ja is II the thc county count seat scat of ot Canyon fart A change of venue to Boise Daise Hi Ui capital city el of Idaho mid ald county ii mt t of or Ada dl county count on 01 the thu motion of the lie d it IL being boIng ellS alleged moton In 01 ci tim thi I p I r ls If I nurs I ll that a fair foh a Iv trial ilal t In Iii II IiiI 1 I Icon myon rii U ty would 1011 be Iw mi 11 mm n i ity ty Moyer Ioel and lettI Pott I i w e i n transferred to 10 the tho county Jail I i which the tho basement i l j of or the county COUll courthouse The ho houll tart uit ull for tor which tho cases were set tet IH is II i wn 11 us as the thc district court of cC the tho thet fn t 11 Judicial district PRESIDING pm JUDGE Th The presiding judge JUde Is Judge Ftc FIe Ulon Wood cacI n g I native ot or Mime Maine a n form forin forini I i Petitioner fr at It the bur bar In this city el l 1 now nit over Oel his lam lamI I criminal I case casc Judge edge J Wood h I go riled cd us its a 11 careful deliberate i and both hoth hot h time the prosecution pro Lion it at ulal Ml nit nitI II I IC m il iI th mm present t trials trio is leVil t he lie will tili wi no 10 stone 1101 unturned I 1 that evenhanded justice III Hi I Orchard Orchal time the 1 miner 01 J of f to Go and ami the thu thui theS i S 1 ii rr I of ur I I cr runt and Potti II I I l In III Limo tho Idaho dalio state miles lallIs out of or thIs thin 1 I I Hi 1 M I kept under tinder careful guard ill iii I tunes tm K QUIET ON i msp O m It tho the outset of or limo tho I ti h is i on citi 01 tho tito almost tim Iho timi least i I i 1 t d community of cC If any 11 In II 1 1 1 litotes The Lite cne of ot the I discussed upon time the I l IC I l I J l I the rime a t I es of n 0 C city I county d I i nf am hao taken careful hut but not noti i luIS to In prevent any ally suit nort Olt 1 mutt i i ie ho people have ha vu d dined dl ined 1 thu t th i summit ho tried UK tlC not upon the Iho stu car cor corK cars clr I K s to tl bo ho e no I I a lien hero hut limit Unit I t n a t fair fit I r trial will vItI 11 tie ho tieI I md nIl the th t he best heAt of 1 feeling I ull among I I mom mOlt pi it l c with It ii thu Ihu 1 c CUI i i t I II I f r radical ri rati Iu Irmi I of the lie I a 18 of nr m it I are ii re In I n good humor Ii ii I 1 nr II ii i ready rm a dy to 10 I o rim It ft with wih vii Ii their I lie I r I ii e over 11 ur or II ti rt or of Ia I is iii IH Hi The Th Rood good feeling nail and widespread dp de dep rl p f iq P to in prevent anything 11 lP il a n lilI lure of disorder dl Wil tos n ci 01 1 I mm l lule tim ti last iii i lit Mayor i heroic oNlo him him a ii I Ho lol orator who was wai wal hern berm eight 1111 months KO co no haranguing I at t 4 nN and 11 imro test ing tim Ihl I Ii mm 1 to nee or of tho limo mon loon od of the II iii marmi t of 00 Tho LII I I explained p It to 10 I 0 the thc th i isi I ail ed aili edil il i and Ind Int oe of or ofin all in and n ii I I I log In I ii wn vat i r ri 7 In to tn Iw that hey Iho I Ild a not not K it I oil Unit that h Iii JI hu ilL public Iii iv kill g nl II is I his I time I I IllS I i 1 i 1 pointed out that II th of ot off I m f Built gu lit or in II ot IC lift I II wa sn a matter nth tm imi tile the It fl I toil on of or u a Jury Jil of ot 12 I 1 2 genii Ill ci and I 1 oraton on nil 11 lend to In conio I 1 n ded Into Inlo the Ihl of or I I itT crl a fl ad l lii II would ml lift II b 11 I r I an all al Tho 0 II If moot l hy Imy h ihu hu I mayors I il I dl W I m had Ild no hitch lion ilon ton of luring during the thu Ul trials Is and thai ho he 10 agreed with all ni the tho mayor ma ol said bald LENGTH OF Speculation as CM If to tho length of oC the tho th Haywood Hn trial hits has his resulted In guesses ranging from two weeks to live five lve months month There art all some who vImo believe belo betie that Hint tm t the tho th task of cC selecting a It jury jul alone will vill wi require at nt least weeks els In Inthe Inthe the tho jury jUI panel reporting Ic today were only 2 27 i names two ot these having In Indicated II that their thell excuse was WI certain II Each Elch side Ilde 10 peremptory chal challenges lenges und tumid there are arc likely lc to be many lawful disqualifications OF O O COUNSEl A array of ot counsel has been engaged by both hoth the thu state and the thu Ih defense defonse to 10 conduct tho tIm cases of tho the ac no accused accused miners In n charge of ot the prose prosecution cution cuton tire ure lre James H it Hawley Hl lo of OC lt this ibis thiet city et United States Slates Senator W E 13 Borah County Atty Jt O 0 M I lund and George Stone of o Col l I es en especially 01 employed to represent Canyon county count where whelo the th murder CI was wascom com coin committed Representing the tho defendants are aro E Fl F Richardson of Pen Den vcr ier 01 Clarence S narrow of Chicago Edgar L Wilson Wison of OS noIse Boise a I former law low partner of Judge Wood Wool John F Nu Nugent u sent gent of t Boise Dolle and all Fred Miller of oft Spokane t Wash J IN THE HE COURTROOM Tho rho bis bit bi courtroom was ivas only halt half tilted filled fled ut hut lt 10 when Judge Wood took teok the bench and amid Sheriff called the tho session Hession to lo order court cOnt bailiffs stood In iii II tho aisles ready read to preserve order They rhe had Itlo lo to do o The opposing counsel were welo arranged ut at 11 long iong tables on either elthor side of tho the witness chair which Is sot set setIn In tho the center of ot thu space within the counsel rail rai At the defendants table tn lo John Murphy general counsel of the Iho Western Federation of uC Minors rut with the other othol attorneys entered for tOl Ua tTa Hav wood recoil wool Just Juat back of ot the tho defendants counsel table sat Mrs Irs Haywood wife of the In her Invalid chair She wan wa accompanied by h her two tWI daughters and u ii I Judge Wood od made announce announcements announcement ments ment In civi proceedings before he finally turned to 10 the tho array oray of ot counsel before him and linked asked Is tho timo defendant Haywood In iii Incourt 11 court Darrow Duro Ho Ifo Is waiting 10 I to lo be he culled called said Mr 11 HAYWOOD APPEARS Time The net instant appeared in custody of ot Deputy Deput Sheriff Has Hos rot Decatur Beemer employed by hy Canyon Calon county eOll to 10 guard the time accused miners 1 J I 11 Has flay wood a u built wool buit man mal Just short ot 01 ot sl 61 feet lel In height anti and weighing per idol haps 1 pounds appeared clean olcan lel shaven this his t I hll morning and amid ald apparently his long bug confinement broken as It has hos been by dully on the 13 lawn II WI surrounding lg the tho courthouse has lots had hail little effect upon his hll health Haywood suffered an accident to his tight light eye to sOnic some years lII ago Igo losing 10 Its is sight Ho lIe fat tt today todar at sit lt tho the und end IHl of ot tho the line of ot seats occupied by his family fim I His lne chair was wal within a few fow feet of ut tho the first of ut time ihu Jury Jur chairs which are aru arranged directly In front of or till tho Judges bench Mr Mu 1 hawley 11 11 e of ot tho the state counsel In 11 I formed Judge Wood that In accordance time tho with Smith wih the tho statutes hu jiu would Indorse on 01 I Haywood Indictment the Iha unman namon of all tull thu the witnesses tot for the UIO 11 so far UI a ns as al they thoy art arc n known Imo at fit It the tide I lime hl was as to 10 tho the do mb i on nse FC Judge i AIo Wood ou 01 mi 1 gentlemen queried Wo 0 are alu counsel el for fOl hath both aides voiced In unison Illson EXCUSED Next ext ct followed tho the excusing of four members of ot time the regular I Jury panel of 2 T hut but 23 I mn 11 to 0 bo bu O examined at itt lt this lime I Ono One of if the thu men excused hind had hal I a Kick wife The rho ho others oth l had business which tummy tl convinced the tho court would stiffer of thoy tho I Ii ey CO forced to II serve In II this huH trim I TwI lumC itu ni es then I welo ern called catl and andal a all al of tho th empty Jury Jimmy scats sctt 1011 i filled before the examination Il ot ut any of oC thu the begun MAN IAN QUESTIONED A I l Ewing n ii I car pent ci who hm nut sit I In hi I ti tho the foremans chair was time the lies first t of tIC Ir the Ito I panel ml I ho by hy Mr mii 1 h lh for thu Mint 1111 Thu rho rim an ii i lImo thu resi rel ron dence lelce of Ir m Urn th Proposed juror II Hu lie wild said hu lie had Ima I thumb hero a it I atm of f yen oarl rs having coin from trout Oregon Ho 10 wits n a t however of itt If Indiana Are Arc 10 you 01 a I r of or the I lm carpen carpenters 1011 I em union U I I III limit 1 Mr r I U UNo No sir 11 Are 10 you OU a it I member of tiny any nn union onion anywhere sir IN o 11 Have JILo yon ul heard l ml thin man CI by ii h II who t I 11 o Know is time tho C tie I IIII 14 No Nim Ni sir cr you 0 novo eu ii Cf sim lr How 3 1 oi long luul 1111 Ii II ml yon 01 1011 Ii U Ii I n 1 About 4 t four flur oil r I IC bud any UI r him himY You Y Us I 1 held nn tin n nt nl olmi iris for tO ni awhile ml 11 hut hiI 1 fur to or r ris political is ml I it In 1141 F I P my I i C rm mm of You 11 WIO 11 Thun llull I J luko lulo it I you 11 Co n II I I with wih him hll politically ii nt itt lt tutu that luw 1 1111 Huhl lie iii II hud hut read of ot tho thu cn case Q a Ul tu 1 Jl iii r Is in I n a I married man and Ild knows none of ot the tho defendants Ewing said he lie hail had talked with wih his hiti hIt grown son HOI regarding time Ih cage cu e anti and the tl procedure What do cli you mean by b that ask usk asked asked ed Mr Mu I quickly I f Ihan said ald the tIle proposed juror that wo vo WI talked about bolt the length on th of time It would woul take to lo try ty the cases Have you formed or s an un opinion ns as ni to the tho guilt or 01 it Innocence nce I of the time accused cl clI I dont think I ever have hae ln you Oll any opinion now non Well el raid the I 1 dont think I 1 have although It I sounds like a fl I wooden mon JUI to say Y so 10 said he be had imad served as a Jur lur Juror or Ct but once In ft tt 1 capital case and that tho time of 01 court 0 at present term you 11 muddY any 11 prejudices against agala t circumstantial evidence No Xu not nol exactly cuel but lt 1 I would he be bevery helI heely very ely lI careful In II arriving nt Ot u a 1 decision on 01 such uch evidence Would the Iho fact that the time defendant i was WIH tun not In tIme the mat at nt the tl time of cC the thu Ih I killing html but lt shown to have ad nil 11 vt cd encouraged and u Id oil In tho the killing that hut influence your verdict provided time tho court Instructed you that such Ilch y dl person penson was as equally responsible wIth wih tho the man maim mUl who ac uc actually Wal did liil the tho killing killingI I 1 would take c tho the instruction of ot o tho th cI The he examination of EwIng was Wl hero hOlo dropped temporarily and arnt Mr pushed on to tho second man It then became apparent that mt ho lie would go through git the tho th panel pUle of ot 12 men inca Jen before q tho defense undertook Us its examination of or the proposed Jurors Juror SECOND MAN iAN MANThe 1 iANThe The lw second man James Jum s L Ayres Ares said he lie was as a farmer married and had lived In this county since inco 1551 Ha Its Ii I clone Chil to this state Male from froni Tennessee Ayres A Io laid had a t passing acquaintance with Gov GO CI Do you ou read any an of o the tho Socialist pa papers P pers ller eIs published in this country countr asked Mr Mm l Hawley I do not riot hut but they tho have been hen sent to lo mo inc In the tho past few tew mouths months said borne omo of the tho papers ermine came cameto to 10 him by b mall mail mal while others were w ere re thrown Into his hl yard ed el How low long has that flint condition exist existed FIRST FIST OBJECTION We Vc object to that Ihal Sir 1 Danow for tal the tho defense The ho only question here h re Is In I tho the bias of this pro proponed proposed 10 posed juror There Is nothing to 10 show Khow that anyone connected with this thin case caso hind had anything nl to do 10 with wll papers They rhe have hlo nothing to 10 do with lh the thu case ca c caseI I 1 have decided lo to allow alow wide wilu lati liuti latitude Jut tude Hlo In iii this thIn matter flatter mater said Judge Wood and uld tam for rO that reason |
