The Birmingham age-herald., 1907-07-19
Counsel Argues Upon Evidence
 in Haywood Case
JURY TAXES GOOD REST
Testimony Closes In Trial of Haywood and Judge Wood Listens to Dis cussion of AdmissblIity of
 Evidence by Attorneys.

Evidence by Attorneys.
 Boise. Idaho. July lS.-A day of argu- ment on the admissbility on points of ev- idenee following the announcement of the defense that they had no further witnesses to offer in the trial of William D. Hay wood The jury was not brought into court. Judge Wood having been informed by counsel of their decision to rest with out offer of sur-rebuttal. Clarence Dar- row spoke for an hour and a half of the morning session. Senator Borah replied in the afternoon and was followed by R. r. Richardson
 Judge Wood will probably announce his decision tomorrow morning.
 The point argued was the proposition to exclude from consideration by the jury the evidence offered by the defense to show by proof of deportation of miners from, and the employment of detectives in the Cripple Creek district of Colorado; that a conspiracy was formed among the mine owners and the citizens of the dis triet to pay the employment of members of the Western r Federation of Miners Ths position taken by thte Haywood defense was that Harry Orchard was employed by the Mine Owners association through detectives to commit crimes which were then charged to the federation and public opinion aroused againstt the union work CTS and it therefore followed that If Colo rado evidence for the state was admitted the defense had the right to show coun- ter conspiracy. The reply of the state was that the defense had failed legally to con- meet their case in the particulars and therefore their evidence merely confused the issue.
 Wide Range of Argument.
 In the absence of the jury the argument gave counsel an opportunity to take a wide range in commenting on the methods ! employed by both sides MT. Dafrow was impassioneI and vtuperative H bitterly assalled Orchard and the Pint .rtons. .4e maintained that Orchards story connect- Ing Haywood and the Western Federation of Miners with the various crimes to which he had confessed had not been cor roborated that the Yindieator mine ex- posion was an accident; that the Gnde- pendence depot explosion. where fourteen men were killed was planned by K. C. Sterling and D. C. Scott, railroad detect- ives and that the Pinkertons sent men into the district to join the unions and in- cite the members to riot and disorder. In- cidentally he said the Bradley incident inl San Francisco was due to an explosion of gas, as shown by the evidence for the de- i,.I connected at any point with any of the overt acts confessed to by Orchard except by the dscredlted testimony of Orchard himself
 Review of Evidence.
 Senator Borah confined himself largely to the legality of the question of adnssi- bility. He spoke for an hour, forcefully reviewing the evidence and claims made by the defense, which he said failed to show by any member of the alleged con- splracy between the mine owners and the Pinkertons that any such conspiracy ex- isted. He took the position and quoted authorities to show that a conspiracy can only be considered after the introduction of direct evidence of conspirator.
 Mr. Richardson argued that con- spiracy had been shown by the con tributory effect of all the evidence in- troduced by the defense and closed with the statement that If the court saw fit to exclude the evidence bearing on the Colorado situation, introduced by the state. counsel for the defense would be satisfied to see their evidence barred from consideration.
 Judge Wood stated that in all proba- bilty he would decide tomorrow.
 J. II. Hawley will open the argument for the state at 10 o'clock tomorrow morning. It is expected that he will take the entire day. Mr. Richardson, for the defense, will speak Saturday.
 The defense rested In the Haywood trial immidiately after court opened this morning The jury was not brought into court.
 Argument Is Begun.
 The defense rested without calling a. single witness in snr-rebuttal
 Judge Wood announced that the open ing argument for the state to the jury would be made tomorrow by Attorney James A. Hawiey.
 While the jury was In retirement in- structions to be given the twelve men who have the life of the defendant in their hands were considered. Judge Wood heard the views of opposing counsel as to the materality of the evidence showing deportations and the employment of detectives by the mine owners and citizens of Colorado. Sen ator Borah and the state would not op- pose the striking out of that part of Harry Orchards testimony which dealt with his talk to Steve Adams and Pet tibone as to Adams going into North ern Idaho and getting rid of some claim jumpers" Judge Wood called at tention to this testimony yesterday and indicated that he did not believe 1t had been connected in any way with the Haywood.
 We objected to that testimony when 1t was admitted" declared MT. Darrow for the defense. "and we do not think that striking out 1t 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 the jury with reference to it?" asked Judge Wood.
 No sir, we can't do that" replied M. Darrow, "and while l do not at this time critcise the court for the latitude it allowed the state in this case. but there seems to he no disposition to limit it's testimony in any particular
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