The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-07-20
Questions the Veracity Of the
Defendants Witnesses.
ORCHARD STORY TRUE
He Declares and Still mistaken
by the Defense.
Men in Position to DisprOye
Were Not Called.


dence in the Haywood case today, J.
H. Hawley took up the Orchard story
| OF his experiences and criminal record
| in Colorado, his trip to Wyoming and
the attempt on the life of Fred Brad
ley OF San Francisco.
With the utmost elaboration the
leading counsel for the state charged
W1Iful perjury against several wit
nesses. He argued the truth of Or
chard's story and said that two men
in particular might have been brought
to contradict him but that the defense
was afraid to produce either Pettibone
or Adams and he said Adams had been
brought to Boise from jail in Sho-
shone county in order that the de-
Tense might use him as a. witness.
White to the lips Clarence Darrow
sprang into action. "The statement is
false and counsel knows it, he shout
ed. Hawley took a step closer to the
defense table and shaking his finger
close to Darrow's face ne said:
when counsel says that, he utters
a deliberate falsehood''
The atmosphere was charged with
danger Sheriff Hogdins stood up,
alert, and his deputies drew closer in,
but Judge Wood. with a sharp COM
mand and insistent warming patched
up a temporary peace.
Mr.. Hawley's argument this morn
ing was lacking in all attempts at
oratory. Itwas a dispassionate review
of the evidence with bold denuncia-
ton of the method of counsel and the
testimony of witnesses for the de-
Tense.
Hawley's Argument.
Continuing today the opening argu-
ment for the state in the case of Will
lam d. Haywood, which after two
months and half Of hearing, is about
to be submitted to the jury, James H.
Hawley, chief prosecutor, first devoted
his attention to the alleged attempt to
wreck train on the Florence & Grip
pie Creek railway, This was one of
testified to by Harry Orchard.
This matter came out in Orchards
testimony" said Mr.. Hawley, but it
is absolutely immaterial to the issue
here involved. But the defense has ta-
ken this incident and has tried to build
up out of 1t conspiracy of the Mine
Owners association against the West
ern Federation OF Miners. Orchard ad-
H1itted that he had reported the alleged
attempt to detectives in the employ of
the Mine Owners association and to
the railroad.
1.-The defense has brought two wo-
men witnesses here to testify that they
saw Orchard in one of the detectives
room on many occasions. These wo-
men saw this man but casually over
five years ago, but they come here and
swear positively. as to Orchards iden-
tity and to the number of his visits.
Such evidence as this speaks for it
self.
Orchard undoubtedly was trying to
secure money from all the sources he
could and am not going to defend
him for his double dealing in taking
money from both the Western Fedora
ton of Miners and the railway COM
pany. I am not here to paint Harry
Orchard in anything but his true colors.
There is but one claim We make for
him and that is that he has told you
the truth. This fact has been indelibly
fixed by all the circumstances in this
case"
The Peabody Incident.
Mr.. Hawley said Immediately after
the train wrecking incident, Orchard
was found again in the Western Fed
Grafton of Miners Taking up the mat
ter of the attempted assassination of
ed much of the testimony of Orchard
as to the plans he and Steve Adams
laid to kill the governor. Orchards
testimony was amply corroborated, /
counsel declared, Mrs. Peabody herself |
taking the stand to testify to one of
the most important incidents. The at
torney told of Governor Peabodys ac-
tivities in the Colorado troubles and
his taking off was connected with the
Western Federation of Miners. No pos |
sible personal motive, said Mr.. Hawley, |
could be attributed to Steve Adams or
Harry Orchard.
While arguing this incident Mr.. |
Hawley soon preciDitated an exciting |
battle of words with Clarence barrow |
of the defense in which 'untruth" and |
deliberate falsehood' were freely |
used on both sides.
sIf." said Hawley, ''there was a
word of untruth in Orchards testi
mony as to the attempts on Governor
Peabody. who, of all men. was the
hest witness to so testify? A man who
is now in the basement of this building,
a man who stood in the esteem of the |
leaders of the Western Federation of !
Miners second only to Orchard. Steve
Adams The prosecution brought this
man to Boise so he could be used by |
the defense If it SO desired
sI object to that shouted Mr.. OAR
row, jumping to his feet 1T is an
a bsolute untruth.. as counsel Well
knows, and there IS no such record in
this cose."
Court Takes p Hand.
IF you say that what have stated
is an untruth, replied HaWley IN
anger, you utter deliberate false
hood
barrow renewed his objection and
then Judge Wood took a hand. He
said he would instruct the jury to dis
regard all statements made by counsel
not borne out by the evidence. Darrow
urged that counsel be prevented from
making any statement in regard to |
Steve Adams.
7 object to saying he brought this
man here to u.s. he continued.
Your HONOR said Hawley, IF you
have ruled, I ask that Mr.. barrow be
instructed to sit down."
IT object" said barrow.
1T is the CALLED jade that winces,"
tainted Hawley.
Then VINCE" shouted the opposing
ooh. no. gentlemen. have not