powers of privilege will not go
to keep the workers in slavery.
-Mother Jones
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Hellraisers Journal, Friday March 22, 1907
Caldwell, Idaho – Socialist Editor Reports on Moyer-Haywood Case
From the Socialist Montana News of March 21, 1907:
Side Lights on the Trial
—–Making Laws to Suit Prosecution-
Gooding and His Body Guard
by Ida Crouch-Hazlett.
Caldwell, Idaho, March 13.-Perhaps the chief feature that will make the Moyer-Haywood case historic is the part the government has played in the matter from the beginning. The governor of the state, supposed to be a disinterested party, is a prosecuting complainant. His boast that the men would never leave Idaho alive, before any trial, leaves no room for his recognition as an unprejudiced party. Senator Borah is one of the leading attorneys for the prosecution. Indeed, we have been informed privately that he is the real push behind Gooding, and that Gooding is a mere puppet in his hands. Borah tells Gooding what to do, makes all the plans, but he is skulking behind the governor so far as responsibility is concerned. The legislature is controlled entirely by Borah and Gooding. Its appropriation of $104,000 on this case has already been noted.
This session it has passed two measures altering the criminal code, with emergency clauses, showing that they were passed entirely for this case. One had to do with the selection of a judge according to the attorneys employed in a case. The prosecution at first had sixteen attorneys and the defense four. But the addition of the firm of Groffith Brothers at Caldwell, removed the advantage that the new law would have given, when another twist was made. Another case was the passage of a law making the number of peremptory challenges the prosecution was allowed equal to that of the defense. For forty years the statute has been that the defense should have the right of ten challenges and the prosecution five. That the change should have been made at this time with an emergency clause to equalize it immediately, can admit of but one interpretation for such unseemly haste as this at this time, which is unprecedented in the modification of the criminal code.
It is remarkable how the vigorous and thorough work of the defense has affected public opinion. The defense has furnished full information to the Idaho unionist, and the paper has been circulated by the thousands. Two thousand of them have been distributed every week over Canyon county. It has been a thorn in the flesh of the Idaho Statesman, a sheet wholly given up to the mine owners and the prosecution of the Federation. So minute was the work of the Federation men that Gooding’s majorities were brought down so immensely, as to be an ominous signal of the trend public opinion was taking.
Gooding’s Body Guard
Gooding, McPartland and the leading prosecutors are armed and guarded by Pinkerton thugs all the time. A most happy existence it must be for the sake of crushing the free aspirations of labor for betterment, for the gold that the appropriations of labor’s products can bestow. An interesting incident was related to me of this constant watchfulness over the prosecutors. Gooding was standing in the lobby of a hotel at Boise looking out of the window absorbed in thought. A stranger stepped up behind, probably to speak to him on some matter, putting his hand in his pocket as he did so. Immediately three men stepped up behind the stranger, putting their hands in their pockets and showing their guns through their coats almost against the unsuspecting visitor. The latter evidently concluding not to disturb the governor at present, pulled out his handkerchief, wiped his mouth and started for the bar-room, whereupon the watchful trio disolved into unobtrusiveness.
The comical part of the whole proceeding was that no one of the participants knew he was being watched. All were unconscious of the play behind them. Such is the strenuous life when the class struggle marshals its chessmen. It is expected that the trial will be held at Boise. Governor Gooding who has proved to be good authority on the march of events, has made the assertion that the trial would be held at Boise under a judge that he would select. Judge Wood of the Third judicial district, is now on the bench instead of Judge Bryan. While the working class have no reason to expect any special consideration from any party engineered by the capitalist class, still it must be remembered that it was a great change to compass in public opinion, to move 6,000 votes out of disapproval of the actions of a presiding judge.
Delaying Trial
The prosecution are still following out their policy of unwarranted delay. They have stated now that so far as they know they will be ready to try the case when the remittitur arrives from the supreme court. The defense made no objection to Judge Wood being called, and Richardson only laughed when he found the prosecution had blocked the way for arguing the dismissal and change of venue. He said: “Very well, we thought the prosecution was ready for trial.”
I had quite a little talk with Haywood after court was adjourned. On my remarking how well he looked, so much better and fresher and more vigorous than the other two, he remarked “I am taking first-class care of myself and I know how to do it,” and he told me of the vigorous physical routine that he industriously preserved.
He did not seem in the least cast down by the new delay. He said: “We are used to delays.”
After Adams Trial
Word comes from Wallace that two of the men who voted for conviction in the Adams case, one a merchant and the other a saloon-keeper find ruin staring them in the face in their business. The working class population en masse, always the chief consumers, are boycotting them entirely. If the workers would only do this with their enemies all along the line, and patronize themselves, the domination of the grafter class would soon be over.
There is a general feeling on both sides that it will be a great relief if the trial is held at Boise. The courtroom now used is hopelessly inadequate. Even the reporters that expect to be here when word goes out that the trial has actually commenced, will fill the place. As it is, when they are seated at the table, there is hardly room for the lawyers. It is said that the western union expects to install twelve operators’ tables when the proceedings begin.
———-
[Paragraph breaks and photographs added.]
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SOURCE
Montana News
(Helena, Montana)
-Mar 21, 1907
https://www.newspapers.com/image/77950185/
IMAGE
HMP, Pettibone Moyer Haywood, AtR, Feb 16, 1907
https://www.newspapers.com/image/67586811/
See also:
Tag: Haywood-Moyer-Pettibone Case
https://weneverforget.org/tag/haywood-moyer-pettibone-case/
Gov. Gooding
https://en.wikipedia.org/wiki/Frank_R._Gooding
Senator Borah
https://en.wikipedia.org/wiki/William_Borah
James McParland
https://en.wikipedia.org/wiki/James_McParland