The Birmingham age-herald., 1907-07-19
BITTERNESS IN
 DARROW'S WORDS
CONTINUED FROM PAGE 11
parroM Elrat to sneak.


 as to some great general conspiracy, by the Lord only knows whom"
 Darrow First to Speak. MT Darrow was the first to speak to- day. Beginning with the Occur D 'Alene troubles of 1899, he called the courts attention once more to the fact that William D. Haywood nt that time had nothing to do with the general organ ization of the Western Federation but was an obscure member of local union in Silver City, many hundreds of miles from the scene of the disorders. AS to the employment of detectives, MT l Darrow declared that most or practically l all of the testimony in the case was se- cured by Plnkertons. and 1t would be i'm 1 possible to dlssassociate them and their l methods from the issue. Taking up Orch l ards crimes as confessed by him, MT. Darrow said the defendant at the bar was l compelled In refutation of charge of i having murdered Frann Steunenberg, to I meet all sorts and conditions of allega- 1 tions
 The state was allowed through Orch l ard to bring in something about an al 1 leged attempt to wreck a train, and. Of l course, this defendant was held up as the guilty party. Was 1t immaterial for us to show that the attempt was made by 1 detectives in the employ of the railroa1 | company and the ex-Mine Owners asso- clation? I think not Neither Is It h. | competent for us to show that the men who perpetrated the crime merely wanted to create an impression or appearance of a train wreck, as to trump another l charge against the Western Federation 1f l Miners"
 As to the Bradley explosion, claimed by Orchard. Darrow said 1t was entirely com petent to produce testimony that the eX- l plosion was caused by gas. It was also the proper course. he said to show that the Vindicator mine incident might have been an accident rather than the result of design.
 Authorities Cited. MT Darrow spent some time in discuss ing and citing authorities to the ma teriality of the evidence showing threats on the part of Orchard against Governor Steunenberg He declared that If there was any question as to the relevancy of l any of the testimony in the case, tho doubt should be resolved in favor of the defendant.
 MT Darrow charged the independence explosion to K. c. Sterling, the detective of the Mine Owners association. Three undisputed witnesses, he declared. had told of seeing Orchard sneak Into Sterl- ing's rom at night at least fifteen oc- casions. The explosion was part of the conspiracy, the attorney asserted, or the men who were engaged in the laudable occupation of driving out every man who had ever shown any sympathy with the Western Federation of Miners, the men who defed sheriffs and courts and set themselves up as the only competent judges"
 Sterling sat in the court rom for week and was not called, said MT Oar row, and this he took as an admission or ttYaou s4 him so frequently in conversation with Orchard.
 "At any rate" he added, "these wit nesses have not been arrested for perjury on the word of the most perjured villain who ever came into a court room-Harry Orchard"
 Rights of Defendant.
 Arguing as to the competency of the testimony given to conditions and deportations In Colorado, MT. Darrow held that the defense should be allowed equal latitude with the state.
 "A man defending his llfe,' he ex- claimed. should have even a wider lat itude than Is given to those who are seek ing to send him to his death. We claim the things charged against Haywood, Mover and Pettibone were committed by others and we must be allowed to show evidence, conditions and circumstances of men. the defiance of law. the forbid ding of merchants to sell food and sup plies tC the families of the men driven from the state-all that they did in furtherance of their criminal conspiracy to destroy the Western Federation of Miners Is competent testimony, and 1t should be left to the jury to determine It's value"
 As to the Pinkerton detectives. who were placed In the various local unions, MT. Darrow said the jury should be al- lowed to take these acts Into consid- eration.
 tho union, these men who melted the acts of violence and the union should not be held wholly responsible for them. They were on the pay roll of the Pink ertons, these miserable agents who made ncendiary speeches. Are we going to convict Bill Haywod for responsibility for these vermine. who have even invad- ed this court house and tried to get upon the witness stand as our witnesses.
 "The jury should have all the facts that this case has developed. We ob- jected to the state going to Colorado to convict these men of a crime In Idaho. We did not want to go into all these details. but the state was allowed to place before the jury every jot and title. every isolated circumstance, every bit of testimony that could In any way tend to corroborate any statement of Harry Orchard Are they to be allowed to show every fact which might conect these de fendants with any responsibility. and we to be denied the right to present contra dictory facts in order that the jury nay determine for itself who was guilty and who responsible?
 Let the twelve men weigh the evil dence. We shall rest content"
 When MT. Darrow concluded recess was taken until 1:30 D. m., when Senator Borah began his reply for the stafe.
 Senator Borah Speaks.
 Senator Borah began his address in re- ply to MT. Darrow at 40 D. m. He said that counsel for the defense in his open- ing address to the jury claimed that conspiracy existed between the Pirjl ton detectives, the mine owners and the Citizens Alliance to drive the Western Federation of Miners out of Colorado and that many of the crimes charged td the Western Federation of Miners werf, In fact committed as incidents of the con- spiracy to get rid of the union miners
 But when we come to sift the matter out" continued Senator Borah, what do Testimony as to q conspirator must come ing to do with the Vindicator explosion in which Beck and Mccormick weri kill