The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-06-20
JUSTICE GODDARD TELLS
Of FINDING Of THE BOMB
Continued from Page 1.

Senator Borah argued for the state
mat the magazines should be admitted
because they showed the enmity of an
organization of which the defendant
Haywood. and the other defendants
We're the officers. he pointed out that
the state did not offer the articles as
evidence, relying on them to prove
their charge of murder, but in order to
help the jury in determining, among ali
the circumstances. what was the ami
mus of the Western Federation of Min
ers. Of which Haywood is the secretary
and treasurer, and the Miners Maya
zine the official organ.
senator lsorah, without quoting from
the articles. said that these articles did
advocate force and that they advised
the members of the organization to
arm themselves with rifles. He main
tanned that if the evidence of news
paper articles was admitted in the
Spies case. the evidence of articles in
the Miners Magazine should he adj
mitted. because in both cases-in the
present case not less than in the case
tried twenty years agO-animus was
shown and violence advocated
Richardson closed the argument. He
asserted that in no word contained in
the Miners Magazine was there an ad-
VocaCy of the use of arms except in
self-defense, right allowed to every
citizen. and he fOrcefulIy argued that
criticism of a political opponent could
not be construed as an evidence of
murdcrous intent.
Taken Under Adjustment.
Judge Wood asked for a schedule of
the exhibit, and said that ne would
take the question of the admissibi!ity
of the evidence under advisement. and
}. -
O'Clock.
Court adjourned at Il o'clock. Judge
Wood said that unless the state had
other witnesses he would not continue
the case until he had reached a deci-
sion on the very important matter pre-
scented this morning. Senator Borah
said that the remaining evidence de-
pended largely on the admission of the
magazine articles. This necessitated
an early adjournment.
When the trial was resumed at >
O'Clock Judge Wood announced that he
was not ready to finally pass upon the
admiSsibility of the various articles
from the Miners Magazine (which the
prosecution desired to place in evil
dence.
The Court in Doubt.
4 have had time TO make but
hasty examination of the articles" said
the presiding Justice. "and while / have
decided that some of them may be ad-
mitted and others must be rejected
there are some as to which / am in
doubt because of the insufficiency of
the memoranda handed me by counsel
l viii not render a decision until l
have the copy of the stenographers
minutes before me. l expect to have
the decision ready by tomorrow morn
ing"
Insurance Mans Testimony.
To corroborate Orchards testimony
as 10 becoming an agent of the Mutual
Life Insurance company, the prosecu-
ton introduced John L. Stearns, the
representative OF the company at Den
Yer. Orchard said he was advised by
Haywood, Meyer and Pettibone to en-
gage in life insurance solicitation as a
blind TO cover his presence in Canon
City while stalking former Governor
Peabody.
Stearns said Orchard brought him
letters Of recommendation from George
A. PettibOne, from Horace n. Hawkins.
law partner of r. Z. Richardson, now
representing the defendant, from j. c.
sullivan, president of the State Fed
Grafton of Labor, and from Henry Co
hen. These letters. together with the
carbon copy of a letter written by
DttdIuS 10 1tlIlDOne were OHereu IN
evidence by the prosecution. The de-
Tense objected on the ground that the
letters in no way connected Haywood
with the death of Governor Steunen-
berg.
Letters Read to Jury.
Judge Wood overruled the objection.
and Senator BOrah read the letters to
the jury. The letter from Mr.. Hawk
ms was a high COmmendation of Orch
ard, the attorney declaring Orchard, or
Thomas Hogan" as he was then
known, TO be a man of integrity.
Il know nothing detrimental to his
character" concluded Mr.. Hawkins
The letter from J. c. Sullivan COM
mended Orchard as "a man whose in
tegrity is unquestioned, and whose gen
eral character is good
Henry Cohen, a Denver attorney,
wrote of Orchard:
His integrity is of the best and his
habits good
Pettibone wrote to Stearns i'm reply
TO a letter from the latter asking as
10 Orchards character Pettibone
wrote:
In reply to yours Of the 9TH in ref
crence 10 a Thomas Hogan: Yes. l am
acquainted with Hogan, and 1 am also