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.
