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

al accessory of a murder is regarded in the same light as the murderer him- self and If absent in body at the time of 1 the crime Is regarded by the law as present in spirit The presence of the defendants in the state of Idaho at tha time of the death of Governor Steunen4 berg was sworn to by the county ats terney ir the light of that law.''
 Takes Up Details.
 '4r Hawley, taking up the crimes con- fessed to by Orchard, went first into the details of the wanton blowing up If the Bunker Hill and Sullivan mine in NC rth- ern Idaho in 1898, and the destruction of s209,OO0 worth of property. No member of the union ever uttered a word of condemnation of that mob No word of condemnation ever appeared in the M- ne-s Magazine, MT. Hawley declared, and was interrupted by Attorney Darrow of the defense, who asserted that no sucn evidence was in the record.
 MT. Hawley grew eloquent In his de- nunciation of the perpetrators of the Bunker Hill mine outrage. He said counsel for the defens would endeavor to arouse sympathy for the men put in the military bull pen and to increase hatred toward he prosecution because or this bull pen. It was an outgrowth of this kind of feeling that Frank
 
 men who who were placed in the stock ade MT. Hawley proclaimed them for tunante indeed that they escaped reach- Ing the scaffold.
 We expected" said the attorney, that 'Bill' Davis, Bill -.lkman, 'BnI' Easterly and all the others implicated by Orchard in grave crimes would come here to deny the charges. And in my heart, gentlemen, I cannot blame them for per5uring themselves. It is human nature for man to lie to save. himself under such circumstances, but Bill Davis told a falsehood when he said he was not on the train or was not at Wardner the day the Bunker Hill was blown up. It is absolutely absurd in view of tn testimony which has been adduced."
 Bunker Hill Outrage.
 After dwelling on the Bunker Hill outrage for an hour, MT. Hawley final ly dismissed 1t with the declaration that it certainly could not be charged to any personal motive on the part of Orchard. The Western Federation of Miners. and only the Western Fed eration of Miners, had the motive and was responsible.
 He then passed on to the Cripple Creek troubles. Orchards story as to the Vindicator mine explosion in which Mccormick and Beck were killed, MT. Hawley claimed had been amply cor roborated even to the unexpected tes- timony of witnesses on rebuttal who testified that finding a bomb in the Vindicator coal bunkers where Or chard said he and Bornes had to place it The theory of the defense that the Vindicator explosion was an accident. MT. Hawley admitted this was true as far as Superintendent Mccormick and Boss
 '"The leaders of the strike did not intend to kill those two men, said the attorney. Their taking off was not what had been planned The bomb was placed there to blow into eternity some fifty or more non-union men who were about to go to work in the level where the explosion occurred
 No Personal Motives.
 The defense could urge no personal motives on the part of Orchard or anyone except the estern Federation of Miners, so they resorted to the sub terfuge of an attack. The only witness they could find to give testimony was Thomas Wood who had been employed in the mine only day and a half. MT. Hawley announced Wood as a falsfier who deliberately lied to assist the de- fense. The testimony in rebuttal he claimed, showed this conclusively.
 Mr. Hawley said the Vindicator ex- plosion clearly showed the responsible ity of Haywood and his subordinates for crime. and men," he asserted who would conspire to commit such an act as this, who would, l. he could, have sent a carload of unprepared men to death, would not hesitate to murder the ex-governor of the state of Idaho if it suited his purpose and assisted in carrying out their plans"
 MT. Hawley suspended here and will resume when court convens at 9:30 o'clock tomorrow morning.