The Birmingham age-herald., 1907-07-20

Office and Works-Fortfeth
 court has no right to shift from itself tc l the jury when called upon for a final con-
 sderalon of this case.
 Counsel for the defense urges that il | this testimony Is withdrawn from the l jury all evidence involving the Vindicatol
 explosion, the Independence depot explo- l sion and other acts of violence and at-
 tempted acts of violence in the state ot Colorado testified to by the witness Or chaard should be withdrawn from the jury. This evidence the court has nc | power to withdraw from the jury unless | the witness Orchard, being an acoomplice and co-conspirator, his testimony In rela- | ton thereto might be forEd to be without | corroboration.
 Testimony Is Relevant.
 He has testified, although an accomp- l lice and q co-consprator to all of these
 acts of violence and has either before or after connected this defendant there with. The court is clearly of the opinion | that there is sufficient corroboration to necessitate the submission of this evidence | to the Jury and that the same reasons for l withdrawing this evidence does not exist
 in the case of the evidence of the deporta- | tions and other acts of violence In the | Cripple Creek and Telluride country. ''The testimony of the state for what | ever it may be worth with the jury, con
 meets the defendant on trial directly with the various acts of violence involved In the evidence of the state as far as they
 apply to the state of Colorado, while the testimony of the defense which will be 1 withdrawn from the jury does not point to or indicate that any other person or per
 sons either committed such acts of vio-
 lence or procured the commission thereof. | For these reasons the court will instruct 1 the jury when arriving at It's verdict to | disregard all evidence introduced by the ! defense and upon rebuttal relating to de- | portations of miners and other persons | from Cripple Creek and the vicinity of l Telluride, and all evidence in relation to | the conflicts in the same localities between | the Western Federation of Miners and | their sympathizers on the one side and
 the military organizations, detective asso- 1 citations and miners association and in- | dividuals in the localities on the other. 1 "Counsel for the defense have renewed | their motion as presented at the conclu-
 sion of the case that the court advise the | jury to return verdict in favor of the 1 defendant for reasons given in said mo-
 ton and the motion will be denied. Defense Excepts.
 | The defense noted exceptions to the whole of the decision. Immediately after
 the courts decision had been filed the | jury was called in and the opening argu-
 ment of>the state was begun by James H. | Hawley.
 | MT. Hawley has been i'll for week past | and looked in bad physical condition as | he began his argument In low voice. 1 He congratulated the jury on reaching 1 the end of what he termed the most inn i portant criminal case that has ever passed into the hands of any jury in the United ] States. All that the state desired, he | declared, was that equal and exact justice 1 be done.
 l The attorney plunged almost immediate | ly into the confession of Harry Orchard, | on which 1he said the people based their | case He characterized the story as the most extraordinary recital ever heard Tn | a court. There was no attempt at con | cealment and the story was told in way | that impressed one with its truth and car | ried conviction.
 "Harry Orcahrd told his story in no splirt of boastfulncss," declared MT. Flaw | lev. Nor did he tell it in a spirit of 1 revenge. l say to you, gentlemen, that 1 Harry Orchard has no more hope in l his future than he has price in his past. l He expects no earthly reward In the ! light of a wakened conscience he told l the truth with no desire to shiled him | self or anyone else
 Orchard Told Truth. | -Ir Hawley asserted that the truth l of Orchards story, instead of being 1 shaken was strengthened by the cross 1 examiI ation of Attorney Richardson of | the defense-cross-e examination unparal- | leled i; it's fierceness and length. Stained I criminal though he is Mr. Hawley as-
 serted that Orchards story stood the ] test of fire and left the impress of truth upon all who heard it.
 |, The state, Mir. Hawley said, had cor i rooorated all of the important details of Orchards testimony. The contradictions | in the defense came only from wit nesses who had been parties to the con | fessed crimes or proven perjurers. He ! expressed the belief that Orchards story 1 would bring to justice the worst set of ! conspiriators that ever infested any sec ] ton of the United States"
 I Referring to the laws of conspiracy t, M Hawley said that if conspiracy is 1 snowa to exist every person in connec-
 tion with it is equally guilty with every l other person for every act
 1 As the method of bringing Mover, , Haywood and Pettibone to Idaho from 1 Colorsdo,' MT. Hawley said, the course | adopted was the only Ione open to the | prosecution and has been passed upon | by the highest court of the land. Counsel for the defense would dwell on l the matter he said, but it would merely | be an effort to divert the minds of the jrors from the real issue involved, and incite possible ill-wil in their minds agalnst the prosecution or some mem Der of iti
 Under the laws of the state of Idaho