Omaha daily bee., 1907-07-23
Lays Stress on Fact that But Ont
0fense is Charged.
DECLARES ORCHARD A PERJUREB
EnIarees Upon Aims and Excellent
Character and Consistent PHIL
anthropy of Federation
of Miners.


ara consistent philanthropy of the Western
Federation OF Miners; the patient suffering
of labor under the lash Of capital and the
perjury and perhdy OF Harry Orchard
were the main points in the opening argu-
ment In the defense of William ID. Hay
wood presented this morning by e. f.
Richardson.
In spite of the sweltering atmosphere
every bit OF the court room was occupied
long before the opening Of the session
Haywood's mother sat beside the prisoner,
the invalid wife, daughter and sister ana
etepfather composed the family group, and
seven OF the battery OF Haywoods counsel
were in their places
Judge Wood announced during the argu-
ment he will hold two sessions a day, one
in the morning and the other from to
$50 p. m.
Mr. Richardson has subdfytded his argu-
men under eleven heads, which he enumer'
Rted to the jury this morning. 1t is prob
able that the opening argument will take
two days
For fifteen minutes before Mr. Richard
son began to speak the court room had
been closed this morning. against the
throng which sought admlttance. One
woman. who came early and secured an
advantageous position in the first row, at
the large black field glass she held almost
constantly to her eyes.
Mr.. Richardson plunged directly into
the death Of Governor steunenberg in his
opening sentence He declared It was Gov
ernor steunenberg's fortune during his ad-
ministration to stand in the forefront Of
labor war in the Coeur d'Alenes. Per-
haps he said. the situation demanded all
that the governor did. Perhaps It did not.
Bull Pen Called Into Being.
'I DO not know" declared Mr.. Rich
ardson, "and I shall not attempt to say.
But at any rate. for the first time in the
administration OF American justice the bull
1 pen was called into being. Men were put
IN this bull pen, perhaps as a matter Of
necessity, but certainly without due pro-
cess OF law. Governor steunenberg'S course
was condemned on the one side ana
praised on the other. the members OF
two hostile camps view the matter.
when the death OF Governor steunen-
berg was flashed TO the world there was
the immediate conclusion in nearly all
quarters that there was some connection
between the Coeur dAlenes troubles and
the bomb which was placed at his gate
Again hostile camps arose. On the one
side 1t was said that the act must have
been done by some man in whose breast
personal hatred ranked. The mine own
ers, however, were strong in their con-
demnation Of the Western Federation Of
Miners. II has been said here that in some
quarters there was even an attempt to
Justify the deed.
No Justification for Murder.
II want to say TO you gentlemen that
we OF the defense do not believe there is
any justification for such an act. We shall
not attempt to Justify it; we do not be-
Neve It can be Justified from any point
of view"
Mr.. Richardson then reviewed the event
following the death OF Former Governor
eteunenberg. saying Harry Orchard was
caught almost redhanded in the act A
Pinkerton, detective came to Idaho and
soon had q confession from a man who to
save his own worthless neck was ready TO
place the blame upon others. The matter
wss taken up by that portion of the press
which depends upon the prosperous and
capitalistio classes and the leaders of the
Western Federation OF Miners were ad-
judged guilty without a hearing.
SO far reaching was this influence de-
elared Mr.. Richardson. that II extended
even TO the white house. The attorney
begged the jurors TO lay aside any Inn
preston they may have formed from read
year
ana 70 start with him at the beginning
OF the case and go through the various
events one by one. without feeling or pre,,I.
dice.
DO this." he exclaimed, ESQ we NAV
justly determine, in the light of our con-
sciences, illuminated by high heaven. n
the man here at the bar and hts con.
hdantes In the cells below are guilty of
The crimes charged. II is my intention "a
carry out my argument n am NOS over
come by heat. in the following order.
Outlines His Argument.
'F1rst-I shall discuss the law as applied
TO this case and TO the prosecuting wit.
ness.
''second-I shall discuss the history OF
the Western Federation of Minors a,
shown here IN the evidence
''Third-I shall discuss the general con.
ditions which prevailed in the coeur
d'Alenes at the time OF the Bunker Hill
ana Sullivan mill explosion and at Grip
pie Creek prior TO and during the strike
in that section.
FOURTH shan discuss the series OF
events relied on by the state 20 prove q
conspiracy against the defendants Hay.
wood, Meyer and Pettibone
FIFTH shall devote myself 70 the as
oertainment OF the particular onfense ths
Defendants are trial for. for remem.
Der, gentlemen. that while the range Of
the evidence has covered many nalds and
many crimes. there IL but one charge ir
the Indictment but one Ofrense against
the state OF Idaho.
SIXTH shall consider Mr.. Orchard
while under arrest
SEVENTH shan consider Mr.. Orchard
while in the panitsntiary.
Eighth-I shah dsvots myself 70 ths
impeachmsnt OF Ifr. Orchard
"Ninth-ro the treatment Of Mr. Hay.
wood. the manner and msthOd OF Il and
the reasons Therefor.
Tsnth-I shall devote myself. as I hav.
been invited 70 40. To the reasons WHY
certain Witnesses diA not testify for ths