The San Francisco call., 1907-06-05
Continued from Page 1. Column 1

Steunenberg murder and could never be
coupled up to it. He was overruled,
and Hawley went on to say that there
were many other such crimes" which
he would not enumerate.
When Hawley finished Darrow took
up these many other crimes and OBJ
jected that they had not been specified,
as had those first mentioned.
Cant you give him a written list?"
asked the judge.
Glad to do So" replied Hawley, and
Darrow subsided.
Darrow was not in good form this
morning. He was in petu1ant humor
and several times broke in on Hawley
with angry objections that brought out
sharp retorts. Once or twice they both
talked at once, despite the judges de-
mand for order. and once it went so far
that Judge Wood sharply ordered Dar-
row to sit down. Then Darrow made
Hawley fearfully hot by making a
sneering remark about Harry Orchard
as a gentleman.
FAMILY IN COURT
For the<first time since the opening
of the trial nearly four weeks ago the
courtroom was filled to the limit of It's
seating capacity when the Judge
ascended the bench at 9:40 o'clock, 10
minutes late. He had been delayed by
a conference of the lawyers in his pri-
vate room. As Haywood was brought
in through the back door which leads
down to the jail below his family came
in at the main entrance. Mrs. Hay
woods wheel chair was placed near her
husband and for moment he talked
with her, smiling cheerfully. and APP
parently was in good spirits. Mrs.
Steve Adams who is q constant attend
ant at court and ostentatfouSly friendly
with the Haywoods, despite the fact
that she was subpenaed as witness
for the state, came over from her place
at the right of the bench where she sat
with Mrs. Pettibone, and gave Mrs.
Haywood a bunch of beautiful red
roses.
The formality of reading the min
utes was quickly over with and the
Judge directed Hawley to proceed.
Haywood was very nervous as the big
chief prosecutor began. 1t was q quiet
conversational tone that Hawley began
and there were but few occasions when
he got away from it. He stood be-
side the table used by the prosecution,
most of the time leaning against 1T,
and rambled along as If he were
puzzled as to how to give what would
pass for an outline of this case without
getting further into details than ne
cared to. Haywood watched him nerv-
ously, only occasionally glancing at the
jurors, who from first to last gave
Hawley close attention.
INDICTMENT EXPLAINED
At the outset Hawley explained the
circumstances of the indictment charg-
ing Haywood with being personally
present when Steunenberg was muir
dered. although it was well known that
f- ha
in Colorado The attorney did this by
saving that the Idaho statutes did not
recognize accessories before the fact,
but regarded persons who aided or ad-
yised or procured the commission or
crime as themselves principals Then
he went into the history OF the western
federation and showed how It's organi-
zation placed the power to rule IN the
hands of few men at the head When
he elaborated this point he declared
that the state would show that these
leaders had deliberately planned, to
perpetuate their own power through
reign of terror and that this. was
really the conspiracy aimed at by the
prosecution
1--WE shall show" Hawley said, shat
these leaders of the organization were
responsible not only for the death OF
Governor Steunenberg, but for scores
of other murders and other crimes"
That was the signal for Darrow's
first objection. He had been watching
Hawley closely and now he protested,
deliberately at first, but with increas-
ing heat, that it was improper to per-
nit such assertions when they were not
backed UP by statement of the facts
by which it was intended to prove
them.
1--WE shall keep well within the limit
of what we can prove as part of the
work of this conspiracy, declared
Hawley, and the judge permitted him
to go on.
INTERRUPTION CONTINUES
II was only minute or two before
he had Darrow objecting again. I'VE
will prove he said, that at the very
outset of this conspiracy 1t was
planned not merely to perpetuate the
power of the inner circle, but to con-
troll governmental matters in the diff
ferent sections of the mining country
by employing desperate criminals to
commit murders and other atrocities
and crimes against those who in off,
ciaI positions refused to be Influenced
by their wishes and those who in gov
ernment life ran counter to their In
terests."
"This is pure piece of rhetoric"
interrupted Darrow, thrown in solely
for the purpose OF 1nnuenc1uS the jury,
a matter which could not be in evil
dence and cannot be part of this case.
Suppose that they show from the first
a series of unlawful acts, they cannot
show that these facts have anything
to do with the killing of Steunen-
berg"
The scope of the examination Will
be determined as the evidence comes
in,'' said the judge.
But counsel has no right to make
statements beyond what the court sees
he has no right to prove" protested
Darrow.
"The court has not seen that yet"
retorted the judge, and again Darrow
was oyerruled.
ssTRADED IN BLOOD"
'sThis inner circle traded in human
blood" Hawley continued. 1T hircd
assassins, it levied large assessments
upon the members of the federation
and it squandered large sums for the
criminal and personal purposes OF it's
members and to retain lawyers TO
protect them in the commission of
crimes"
Again and again as he was utter