Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1907-07-19
Action of Court in Admitting Certain
Testimony Criticised.
RIGHT TO SHOW CONSPIRACY
Strong Objection to Striking Out Evi
dence Against Mine Owners.
BORAH REPLIES FOR STAIR
He COntendp that Defense Has Made
NO showing of Plot on Part of
Association or Citizens
Alliance.

:
Analysis and arguments begin tomorrow
and within the next seven days the fate OF
William ID. Haywood win rest with the
! jury. The session this morning was given
up to Clarence Darrow, who, in behalf of
! Haywood, argued that the showing OF tho
deportation from Cripple Creek during the
strike period and the connection OF the
/ plnkerton detectives and hired gun men,"
should be allowed to go to tho jury. Mr..
/ Darrow reviewed the Colorado situation.
! lie charged the mine owners and the de-
/ tectives with planning fake wreck on
! the Florence * Cripple Creek railway with
blowing up the Independence depot and
/ with fostering riot and disorder through
/ hired thugs.
! Darrow impassioned and hurled in
vective without stint at the detectives and
! Orchard. He closed with a whirlwind APP
peal for the right to show a conspiracy
! against the Western Federation of Miners.
Senator Borah will reply to Darrow's ar
gument this afternoon.
The jury was not brought into court to-
day, the day being given over to the con-
sideration of instructions to be given the
twelve men who have the life of the de-
fendant in their hands.
Judge Wood heard the views of opposing
counsel, who were requested to give their
opinions as to the materialty of the evil
ployment of detectives by the mine owners
and citizens of Colorado Clarence Darrow
was the first to speak today. His speech
was preceded by a brief announcement on
the part of Senator Borah that the state
would not oppose the striking out of that
part of Harry Orchards testimony which
dealt with his talk to Steve Adams and
Pettibone as to Adams going into northern
Idaho and getting rid of some claim
jumpers" Judge Wood called attention to
this testimony yesterday and indicated
that he did not believe 1t had been con-
nected in any way with the defendant.
Haywood.
I'VE objected to that testimony when it
was admitted" declared Mr.. Darrow for
the Defense land we do not think that
striking It out now will right any wrong
that was done by IT, We will not ask that
1t be stricken out"
But you will not object to the court in
structng the jury with reference to it9''
asked Judge Wood
barrow Thrusts at Court.
mo, sir, we can't do that" replied Dar-
row. and, while l do not at this time
critcise the court for the latitude 1t al
lowed the state in this case, there seems to
be no disposition to limit it's testimony in
any particular as to some great general
)
Beginning with the Occur d'Alene trou-
bles of 1899, Mr.. Darrow called the courts
attention once more TO the fact that VIII
liam d. Haywood at that time had nothing
, to do with the general organization of tho
/ Western Federation of Miners, but was an
obscure member of a union in Silver City,
many hundreds of miles from the scene OF
. the disorders.
As to the employment OF detectives Mr..
. Darrow declared the most practically
all of the testimony in the
cured by Pinkertons and II would be i'm
possible to dsassociate them and their
methods from the issue. Taking up Or
chard's crimes as confessed by him, Mr..
Darrow said the defendant at bar was COM
PEELED, in refutation of a charge OF having
murdered Frank Steunenberg, TO meet all
sorts and conditions of allegations.
. THE state was allowed through Orchard
to bring in something about an alleged at
tempt to wreck a train, and of course this
defendant was held up the guilty party.
, Was It immaterial for to show that the
/ attempt was made by detectives in the EN-
, ploy Of the railroad company and the Mine
o J Owners association? l think not. Neither
Is 1t incompetent for us TO show that the
. men who perpetrated the crime merely
; wanted TO create an impression OF appear
= ance OF a train wreck as to trump up
- another charge against the Western Fed
; ! Grafton OF Miners"
d As to the Bradley explosion as claimed
e by Orchard Mr.. Darrow said II was en-
tirely competent 10 produce testimony that
the explosion was caused by gas. II ives
also the proper course, he said to show
that the Vindicator mine incident might
= have been an accident rather than the re-
suit OF design.
Mr. Darrow spent some time IN discussing
and citing authorities as to the materiality
z of the evidence showing threats on the part
t. of Orchard against Governor steunenberg
o He declared that If thaTe was any question
l. as to the relevancy Of any OF the testimony
n I'm the case, the doubt should be resolves
8 in favor of the defendant.
d Charge Sterling with Explosion.
3 Mr.. Darrow charged the Independence
e explosion directly to X. c. Sterling, the
e detective of the Mine owners association.
d Three undisputed witnesses, he declared,
had told OF seing Orchard sneak" into
p sterlings room at night on at least fifteen
u occasions. The explosion was a part OF
the conspiracy, the attorney asserted, Of
=. the men who were engaged in the laudable
, occupation OF driving out every man who
mad ever SHOWN any hSlhpdAhy WIN Nuo
= Western Federation OF Miners. the men
who defed sheriffs and courts and set
themselves up as the only competent judges.
ie Sterling sat in the court room for week
l. and was not called, said Mr.. Darrow. and
Is this he took as an admission Of the testl-
D. mony of three witnesses who saw him so
f. frequently IN consultation with Orchard.
ID At any rate, he added. these witnesses
ie have not been arrested for perjury on tho
10 word Of the most perjured villain who ever
~ came into court rOom-Harry Orchard.
IS Arguing as 10 the competency OF the -es-
timony given as To- conditions ana deportu-
g tions in Colorado, Mr.. Darrow held that
ID the defense should be allowed equal lati-
l- tude with the state.
"a man defending his life" he exclaimed,