The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1907-07-19
HAWLEY BEGINS
TALK TO JURY
IN BOISE TRIAL
Effort to Throw Out
Colorado Testimony
Fought by State.

BOISE. Idaho. July 19.-Prosecutor
Hawley will begin the States ar
Bument to the jury today in the Hay
wood case.
The line he must take will depend on
Judge Woods ruling on the defense's
showing of an alleged anti-labor union
controversy among mine owners in
Idaho and Colorado.
Attorneys. barrow and Richardson, for
Haywood. made strong pleas yesterday
for the retention of this evidence in the
record, but the general guess is that the
court viii order it stricken out as ir-
relevant. The issue is of vital impor-
lance TO Haywood. and an adverse rul-
ing viii greatly cripple his case.
Richardson Will Open.
Attorney Richardson will be the first
of the defense's lawyers TO reply to
Prosecutor Hawley Attorney barrow
will follow him and Senator Borah will
then conclude for the prosecution. The
arguments can not be completed before
the latter part Of next week.
"One thing is certain" said Attorney
General Bagley, in an interview or
chard will be hanged. no matter how the
Haywood case may go. He has not been
promised immunity. and he has con-
fessed 70 thirteen murders outside the
State of Idaho. Even should the proper
authorities not take the initiative in
these. there are plenty of people with an
interest in seeing that he is brought TO
justice"
Contention Of Defense.
The defense has held that riots, blow
Ing up of mines, murders and other acts
of violence were the acts of Orchard and
others alleged to be In the pay OF the
mine owners and the Pinkerton agency,
with the idea of fastening these crimes
On the Federation. thereby discrediting
Il. The plan of the defense has been TO
make it appear that Steuncnberg's as
Fascination was the individual act of Or
Chard to satisfy a private grudge. and
that all Of the other crimes Of the min
ing regions were committed at the in
stigation Of the mine owners organiza-
tion in a desperate effort to destroy the
miners labor union.
Darrow made plea in favor Of all the
evidence, as it now stands, going before
the jury, and for allowing that body to
make its own inference. He asserted
that the court had allowed the State the
widest latitude in the attempt TO prove
a general conspiracy, and that even
wider latitude should be allowed a man
on trial for his life. The defense, he
said should not be deprived OF its evil
dence tending to show that crimes at
Cripple Creek and other Colorado points
may have been committed by other than
the miners.
The State, he said. had submitted no
evidence showing that Orchard was in
the employ OF the Federation. other than
Orchards own testimony Mr.. barrow
then analysed the evidence, declaring
that il showed that Orchard was in the
employ OF detectives representing the
mine owners, and that the first time he
met Haywood he was given transporta-
tion to Denver and his expenses paid by
a detective. He cited the evidence relat-
ing to the bloodhounds that one of his
witnesses had testified were ,aIed off
Orchards trail by X. 9. Sterling, a de-
tective for the mine owners. He closed
bv pleading that If any Colorado evil
denCe be stricken out. all be stricken
out, and then the State. he said, would
have no case at all.
Reply of Borah.
Senator BOrah spoke for an hour and
a half. attacking the assertion that a
general conspiracy to wipe out the
federation had been proved. Even IL
proved, he said, the State OF Idaho was
not bound by acts Of the alleged con-