| Show ATTORNEYS FOR HA HAYWOOD CASE ASE APPEAR IN PRELIMINARY ROUNE Question of Uncovering Evidence on Which State Will Prosecute Prosecute Prosecute Prose Prose- cute Now Rests With Judge Wood REQUEST REDDEST PRESENTED FOR BILL OF PARTICULARS Senator Borah orah Counsel for People P-cople Says Two Important Witnesses Wit Nit l nesses From Colorado Will Not I f Appear I 1 l iv BY BY 1 S. S M II I j I r Bob Jda J 1 Ia May lay I ay G G. G G. The question 1 ti 1 of the thc I. I on which the thc of Idaho Avill prosecute William 1 D. D for murder now rests with Judge Fremont Wood 4 Decision will he rendered Wednesday and whichever which which- I ever evel wa way the thc court ides decides the thc actual trial will begin Thurs rh I day During the tile arguments on Oil the thc motion for a bill of particulars par par- ticu ats I this his morning both sides SileS to readiness proceed proceed pro pro- I with VilIl the thc drawing of or a jury iury I r r- In lii Ic presenting the lie request t for u. u a LI bit 1111 bitof of ur particulars which if iC granted would woul I all oil the tin II lines line of uC evidence c an and 1 of witnesses that thal are arc to lo be j- j brought ht forward to Lu connect the miner mille U. U the l killing of uC iC former Governor Attorneys Darrow DalTow and ami lIn lIlge urged that secrecy on tho the part of oC the state should no longer be he continued t that lint the man on un trial for or his hs life liCe has uris I tho th hn rIch I to 1 know u-h.-it u t t testimony l- l ln n s J is i lo to ih h be bi ought b Him lIhn No Xo Q denial Is h made ma c that litO Cr lIIl and tho the three defendants de tie- t. t tere IC u at L Denver cl a at t the e tune time the lie crime was waH committed at Ht Caldwell and that thc they had not been within tho boundaries s of oC the he Into talo of or Idaho for or seven 80 This le acknowledged ell fact q It ItH wH H also ulE-o u admitted compels the tile tatu to o tile existence null anti 1 i t of ot r a ti C nica In n 1 ii- a he i. i li lJ Cf cI O IO t t oJ 0 uiles la Vl 10 i 1 fur hc lall Opposed dt i ur r the the- defense Ul l' l ank Jc 1 that tho the character ot or the caso case com corn compelled I Ithe the pros u to lo move mu with I Without charging the doa de- de j a o with wl connivance hl cOl therein the i sen-i I c the ecy on the part I o of or lh the stale he that two of ot N the tho thel It l states state's mo most t Important witnesses In Colorado Colon cannot b be bi l ought brought ht here hoo to tu W lp testify lIr u against l One of ut these Itne es he ItO said uhl had bud m disappeared arc I niad the tho other i 1 cruses s to come conw to lu Idaho all and of course he Ill cannot be he bi ought l ht here by any court process I Prophecy of or War n V The opening session of or the trial oft ure with lively passages n Cs C's between be be- tween counsel counsel counsel-a a prophecy that when the tue actual bc begins s ll no feelings will willbe k be hc spared lJ by b either cither tide Attorney son to tu an lIun lJ by Senator Borah accused ac ac- cu cued the of or editing all the news i reports relating to the thc trial which appear In tho the Boise Bolso and other oIlier Idaho papers Before the tue caso case Is isery very verP far along the labor abo troubles troubles of or this state and nUll Colorado arc UlC to be revamped re awl and this manner of 1 proving 1111 that a n general conspiracy con con- hac to tu do violence all and murder ex existed eX- eX isted within thc the Western c Federation of Miners Is certain to provoke c t sens cn ens- ens I After reciting that I 1 IJu Ia Wi q chul charged with murder m r- r dared thai while not nut ull alleged It is I only possible t to ti convict Harwood upon Ullon the theory them of general or UI special conspiracy Such Stich a a. conspiracy con con- he hL declared cnn enn be hO cst established lJ- lJ 4 and declarations 7 only lJ by facts antecedent lo to the crimes occurring in iii remote places Colorado eva Nevada a anti and gall california Torn la Unless the till defendant I Is advised of or ort t i the thc overt crt acts comprehended In this S conspiracy the defense e contended would be tried that thai S witnesses from n far distant points A 4 t. t would oud l be- be c sprung during the trial and ti lie defendant would be Je C unprepared to toI meet their I evidence I authorities were presented to tl Many lany 4 c bill of or it jar jar- 1 ri S. S establish w the rl right ht of oe a u that thal give hc the defendant r. r lk knowledge l C of th the cue case lu tu be hc brought ht Against him Court COUll and lawyers U Cl on at ut this c. c agreed sides J unanimously a t both cs 1 Vo it that thul the HI granting or 01 the C rests solely 5 In lug ng of th the bill S h. h sound discretion of lIr the trial trials I lii ln the tho s d and that either U way ay it was wu dc- dc could be lie no error there Micro i elded J Borah Burah IlI Argue S for hll State Stale I v 4 r i f V I Tor the tu ll Senator Borah Durah argued W- W VV Jf j lie lIt lie lulled that bills of par par- ar- ar OT f V t t K briefly irr not nol d li In murder el Lire UlC irs tlc such it fr that thal time the demand for Cor l- l In thIs ca cau car ease casc casci Ul lh S r or el b by 11 i l mtv au u foi fou tl tile the c U of n ascer- ascer cr r fc r u I e f I 1 I V J tim chal or of in lh limo Iho InV In- In t V- V f. f The Borah 1 is ot or V. V Jud and It is U Hilt t Ui the pro a J.- J. al to cull can or time the thet t. t it h I ur of In hi Ul timis case rime IS t c mure an and cl S 3 II t to know 1 the state relies to th tho t QI QI hUl c time the timeS c the n II 1 ca casc o p or not whelm S WU U allt I killed It I Is S was waH lul him t as n a l' l 10 Sf been o Ita In J to lO h time has nn and time f C and n the I H Its pIca to cr aJ at a I con S Jet C e charge con con- c to ot S year would have l to lu tH time the J 1 W ve would he be a u t acl u crL o 0 5 1 tc crimp crime ft In this ca case Inform e we WC murder We e. e or of Uc the the of oC does doe I fC tf true v time thc I. I orcen offense offense- e. e U LI t is true V 1 ions and the thC 1 not show the c cI 4 h S dents TILI This This' i. i I m which led th 1 to tP part the tho or of the tue tate state cad o the S on unfair be considered S f. f C Jf I J or I the time defendant iii r Is entitled lo to kimu knoW Items and facts acts on omi which time the stale predicates the time chul charge e. e Jt It might ht be a good Juull I to tl try my this class clas of cases for COl the defense doense de do- ense e and prosecution to tu get el lo and show shuw each ellch other oilier what they have l but that thal Is not the tIme rule rull I HalTo Gi Grous S on s J t. t Clarence i Dai Dallow row closed time the presentation presen tation for or the time defense following hen Seii- I i tiji- tiji I III J Ie Ic made an eloquent t pica t fO for tile tho lifting of the tite that en envelops tl the time cases cabins against tho tue ants fur UI tm a n bi bill Ii of Is f Is is addressed to time tilL sound cllon of the lie court AJr 11 i i. i u.-irrow u. l said stId c Sc c luin lui lu r fO I n H. to lo know knon what time the stub ima hn lias these hoso I if JC your OUI honor I lii Inks i Jt It L fair all I If I. I your you OUI r hOllo thin ics It Is nut fair Call the lie court COUII calm ean- lit not lot overrule you OU I It Jt L entirely r upon fuel t If 11 tills hl int In It to bo ho Com CU il ut 1 Ui bu p on n a t or cl 0 r l m ti t J 11 1 1101 U uTi WiT JK tr el r e r rr r l' t ilOt-ij ilOt Io I 1 miles Hel n na a Jf If he s tO toil t QI vi 1 rt Jho U t t U colt II f With crime time the Who f i 1 time The lh 1 We Ve do ell want Wall th the e uee Why 1 not hot HOt HOt- On wo WU Ut ans n i-n lul e entitled titled to tm the time vi evidence enco ot ordinarily In case casem i e IH is a i preliminary h hearing at mit t which M tin tin- Is i present bo imo sees secs sc and an I hears heun Iho I who simo him bun hll ordinarily the indictment t contains time the names of time the s and ordinarily ot I lie Die In let t has hUM endorsed on on It ii t 1 lie hI s nunu-s of or witnesses examined and amid lUll on 01 whose testimony tho time Indictment Is found round In this case lon none u of se ordinary or or- 01 tImings things were ivero done Ilone Indicted ht hero and will be Wl was rs S bro brought wil c tried for his life lie le does docs not know what witnesses will wil appear against him except our Gil la Harry Orchard This ruts witness winess IK is carefully ful secreted COI ul all al I Ithe tho the world are nrc ml the thc secrets time the state slate gum guards s sus I Ius us as carefully as us a n maui man would woul d his hll I II life r I This case cuso Is to be Lc tried in lit a civilized cl community The conducting conduct conduct- ing 11 the time prosecution are arc not trappers In search scorch of or victims thc they are ure not decking to lo entire all and amid ensnare us They rhey assume the time guilt of or this defendant la Is II there UI any ammy reason why they timey should not tell tel tellia tm ia 11 what they have e against this man in It tl there any ony reason why Orchard con con- should nut not be bm spread out OUI us us' us li Ii I. I it l IH is as ps S much the time duty of the Limb state slate to protect the life of oC this thin defendant Jant u uIt as asIt It I Is to 0 protect anything Thc They have hav got kot this man mun lO 1000 10 miles mies from roni im h H C anni ant an antall nil all ni ho he hr known of Or the time chal charges c n again him him art are statements that have hav i out through h time the newspapers And Mud w tv told day by these same news news- are arc fre toll every Cn n y al papers that surprises arc alC to lo be c sprung I thai hint the country Is raked rakell from rm rota to lo San an Francisco from Crom monI time the lakes lakes' lo to tho gulf and amid acts nets an and declaration o of the time defendant arc are to be c disclosed to lo connect him hint with wilh murder I I do ito not believe that this prosecution tion ton iou Intends s anything unfair mid if it did I do lo nu nut not believe o the permit hermit It I 1 know mow that ju justice tco will Wi be Lc done But one ut wo 0 nr are here herb to to defend man for or imI hit hII le life and auth Un U It I Is is' is as os much the duty ut of or Senator I IV rah to lo protect t prote-t that thul life as UK It I Is ours We n a ask c this H of the United States to 10 lift time the bars an und tell tel us what they Intend to present against t this Ibis man man- 10 What Whal harm can come to time the state male I Wo We ore are now four days from Crom rein the time beginning beginning be be- ginning of of or time the trial We Ve mb do clo not know who wilt will bring from Colorado they wil a Nevada a und anti from room rol C California Why h I not lot lut us uti know leow so that mt wo 0 can cnn go goOt I out omit t O to those places anti and seek to 10 p pro pro- pao- pao o- o tOot teet this man whoso life le I Is at stake The stall stall- should not have huc nu any secrets nl ut this time If I the time rumored surprises 9 arc sprung time the court COUt will of or It course sh give us ims the opportunity to lO get gel our nUl wi front from That will wil mean more delay more expense to the thu state of I Idaho While hUe the time Jury I la being be be- I In ing drawn rawn we wc might be searching scorchIng fur Cur or our OU s to lo controvert the time evidence evi I dence of or the prosecution I y Mil iMf it Forty l have hu been ICCI issued In blank to tu the Io e ulof We Ve co Jo not nol know kimoi time thu name of or a i lc one on Men are arc coming from trum ruin Colorado and nn other oIlier states to 10 testIfy for or tho the state has lias not Jot the defendant the man mun who whoso u life Is II In 11 Jeopardy tho the right I ht to lo know Imo who they hey aro arc before they toy are arc sprung a as al u a in II this court I Senator lorah Interrupted Mr If Darrow once Olce saying that thal ho Iw Is I not thirsting for un mummy any mans man's blood bloo but Lut dUt he lie has hae a 1 duty t to perform for fu iii th time the state mid aud r l this timis dut duty compels him to set get ct 1161 here Wo Yo Vc must mut move secretly wal said tho time ion Two of or our most not Important l on Page Two ATTORNEYS APPEAR IN PRELIMINARY ARY ROUND tutu I-tutu Pa One Omme witnesses have have- Hl ah already disappeared from Colorado or rather one has hns this this- ls- ls and amid the other refuses s to come cume here I du do II not nut licit the Is preventing pre us getting gelling our witnesses We c c are arc having us as much difficulty as the time defense In iii this matter Wo tt l cannot disclose the time mimes of or our witnesses Pell the subpoenas mu t be bo secret Court took toul a recess to 3 I o'clock at which time It was as eXt expected Judge o Wood intended ed to doWn a U ruling on Oh time the motion IJ by the time Ier defense defense- Decision was aM Withhold r umi until Ill Wednesday a to IU l lt pr ii t. t f III rr i I nm and id i'd Italic New York May Ia 6 Attorneys ys Darrow DaLlow DIl and amid tot for I J lay nu and Issue time the following relating re re- laUn lating to lo Pre President Roosevelt's latest letter which wits wax teu at ut the Central Federation union In New Nest York yesterday yesterday yester est day ay The Time subject of time the Presidents President's let let- ten toi Is u a dead ic issue Ul More thal hiatt thala a u yc year C ir lr I ago au our tui entire complaint cas embodied in li-i tIme the two tire habeas corpus petitions flied filed These e. e were d' d denied though all HU allour our oum facts ts were cal submitted Thc e facts contain taut all t the lie evidence in Iii support of ut t tin till iii Jd of Moyer Io cr I liny wood and Time The majority opinion of lIw Supreme court declared that had we Wu been be ablo tu to avail ourselves ches o of writ ut ur habeas corpus uny time before time till du de- de fondants S gut got ut within tim the territory of the tue stint state of oC I Idaho tan uny ammy court would have hn been compelled under time m hc law Jaw to have lIa discharged l' l the time defendants In III other oIlier words the time Supreme court count hell held that time the was tta illegal nl but re refused reused re- re used fused relief because the time defell defendants were vere III In the time state of Idaho held hell un on an all In Indictment l already found foun The minority minor It ity It- opinion held un under er U e. terms that the mere mer Invisible boundary hum lino of oC the state of oC Idaho could coul not Impair rl rights which ur mire are guaranteed u by time the fl fe cral constitution If IC such tl fights hannot have han not nol been exercised outside such boundaries boun boulI- daries darles so 80 lung bug as tile thc they had haJ mm no opportunity tu to U avail themselves of I such uch ll rights ht lime Tho n of the Lime court fore fore- nil nih any further consideration of tin the nailer and ami It Is II Idle to tulle tall about submitting proof to President Itu Hoose- Hoose e- e velt or anyone ammone else elso on omi that matter maller U lie II lieH is 11 H as I III In time tho matter as are aro s fur the thai defense nse |
