The Montgomery advertiser., 1907-07-19
ARGUMENTS
 HAVE BEGUN Beginning of End of the
 Trial. THE JURY WAS RETIRED Question of Admissibility Was Thoroughly Gone Over. Judge Wood Will Probably Announce His DeclsiOn TOdaJ and Then Ad- dresses to Jurors Will He
THE JURY WAS RETIRED

Boise. Idaho. Julq 1S-A day of ar- gument on the admissibility of points of evidence following the announce ment from the defense that they had no further witnesses to offer in the trial of William D. Haywood.
 The jury was not brought into couSt, Judge Wood having been informed by counsel of their decision to rest with out offer of sur-rebuttal. Clarence Darrow spoke for an hour and a half of the morning session. Senator Be- rah replied in tho afternoon and was followed by F.. F. Richardson.
 Judge Wood will probably announce his decision tomorrow morning. The point argued was the proposition to exclude from consideration by the jury the evidence offered by the defense to show by proof of deportation of min- CTS from and the employment of detect ives in the Cripple Creek district of Colorado ;that conspiracy was form ed among the mine owners and the citizens of the district to prevent the employment of members of the Vest ern Federation of Miners.
 The position taken by the Haywood defense was that Harry Orchard was employed by the mine owners associa- ton through detectives to commit crimes which were then charged to the Federation, and public op:nion aroused against union workers and 1t therefore followed that if Colorado evidence for the State was admitted, the defense had the right to show a counter conspir- acy.
 The reply of the State was that the defense had failed legally to connect their case in the particulars and there fore their evidence merely confused the issue.
 Took Wide Range.
 In the absence of the jury the argu- ment gave counsel an opportunity to take a wide range in commenting on the methods employed by both sides MT. Darrow was impassioned and vitup- erative. He bitterly assailed Orchard and the Pinkertons.- He maintained that Orchards story connecting Hay wood and the Western Federation Of Miners with the various crimes to which he had confessed, had not been corrobarated that the Vindicator mine explosion was an accident; that the In- dependence depot explosion. where fourteen men were killed, was planned by K. c. Sterling and D. c. Scott, rail- road detectives. and that the Pinker- tons sent men into the district to join the unions and incite the members to riot and disorder.
 Incidentally he said that the Bradley incident in San Francisco was due to an explosion of gas as shown by the evidence for the defense. and that Hay wood had not been connected at any point with any of tie overt acts con- fessed to by Orchard. except by the discredited testimony or orchard l1m- self.
 Borah on Admissibility.
 Senator Borah confined himself largely to the legality of the question of admissibility He spoke for an hour forcefully reviewing the evidence and claims made by the derense which he said failed to show by any member or the alles d conspiracy between the mine owners association and the Pink ertons that any such conspiracy ex- isted He took the position and quot ed authorities to show that conspir- acy can only be considered after the introduction of direct evidence et conspirator.
 Mir Richardson argued that con- sniracy had been shown by the contrib utorv effect of all the evidence intro- duced by the defense and closed with tha statement that If the court saw fit to exclude the evidence bearing on the Colorado situation, introduced by the state counsel for the defense would he satisfied to see their evidence barred from considerations. Judge Wood stat ed that in all probabil,-y he would de- eide tomorrow.
 I. H. Hawley will open the argument for the State at 10 dock tomorrow morning. It is expect d that he will taka the entire day. MT Richardson for the defense will roeaK Saturday.