Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-07-20


most Important phase Of tie decision
was hat striking out OF the case al
testimony relating 10 the deportation
Of the miners from the Cripple Crecl'
and Telluride districts OF Colorado. In
The NrsI instance Judge Wood strucl
cut of the record that pOrtiDn OF Or
chard's testimony relating TO what
Pettibone told him of "A trip In which
Re had sent steve Adams 10 set rid 81
eiaim jumpers IN northern Idaho, p
matter. he said, mad not been cor.
neeted up In any way with the defend
ent Haywood
'rha next question submitted % the
court and argued by counsel" said
Judge Mood, involves the materially
of evidence introduced by the defense
showing "A long series of dcportatlons
81 miners ard other persons ana other
acts OF violence Involving the destruc-
lion Of properly belonging 20 the Wes-
tern Federation OF Miners or certain
local unions thereof. and also as 80
the materially OF other evidence TN
troduced by the defense showing that
the pinkerton detective agency had
placed It's detectives IN various local
unions of said Federation OF liners.
The court suggested the immaterial-
itv OF his evidence before ths COnClu-
sion Of the states rebuttal aud advised
counsel that argument would be m
Vited thereon before the Instructions
Of the court were settled. This tcstl-
mony was all admitted on the promise
and assurance Of counsel mat ~"
PROPER connection would be made
showing hat some at least Of the va
rious acts Of violence testified 10 ny
Orchard We're either not committed
h orchard. or u committed by him
some other person or persons procured
him to commit such acts of violence,
either OF which d%efonses we're proper
and legitimate defenses. II any evil
dence could be secured tending 70 cs-
iabiish such efense.
In the opinion OF the court no owl
denco was introduced by the defense
even pointing or indicating that the.
acts of violence testified to by Orchard.
if actually committed by any one, were
committed by any other person or per-
hBns thar as testified 10 by the last
named witness. Neither h there any
evidence tending to point to or ron
wbich IL might be Inferred that any
individual or any combination Of per-
sons procured any other person 10
commit said acts OF violence II they
were committed, than as testliied 10 DE
said witness. A. the farthest, the ten
lmony introduced would only furnish
q motive perhaps for some u else TO
commit or procure the commission ol
tho various acts of violence involved
which were testified TO in behalf OF ihc
state.
but IL Is clear that the motive alone
IN a third person 10 commit nn 81
Tense for which a party IS being tried,
~ not admissible IN the abscnco ~
other testimony In some way connect
ing ur pointing 10 such third person
ms the guilty party. The witness 'lf-
ehard has testified la dctil 20 No err
eumatanccs involving the Nindicalnt
explosion. the explosion az the lndc
4..T.... .Eat..f aud nfhttI 4ffa unn A.
tempted acts of violence IN the cilN
of penscr.
'arhe testimony introduced by the
defense IN relation 10 d~cportations, the
destroying OF property belonging t."
the local unions Of the Western Fcd-
Grafton of Miners and the various C'n-
nicta between the union miners %
their Hympathizers and the Mine own
efa' association and the militia and the
Various Citizens alliances does nor
point To- anNnn or even Indicate that
n particular person either commit
ted the acts Of violence complained nl
~ urotpref Orchard To commit ouch
acts ol violence. And In the ahs'l'nc
80 zach %eonnecting evidence. ,no e. 'urf
feels compelled e. take this evidence
from Tie iury aud Instruct them tu
talls to disregard " In arriving 40
their verdict. The action of the contt
in this matter is perhaps an unplon'
ant duty. but IL is a responsibility that
tho court has no right 10 shiit nom IT,
self. to the jury which is called upnn
for a nnal consideration Of his car'
counsel Tor the defense urgcs that
" his testimony b. Withdrawn from
the inrv AN evidence involving nae
Nindieaior explosion, the Independence
depot explosion ard other acts oi Nio-
lenrc aud attempted nets of violence in
ne state of Colorado testified 10 by
orchard. should be Withdraw from
the tutN. This evidence the "a mas
no power to Withdraw from the Jury
uulcsa upon the theory thar the wit
ness Orchard being an accomplico ami
q co-t%onspiratuT, his testimony M iclu-
ton thereto hlisht be found TO hc en-
tircly without .otroboratior
tie has testified. although an nt,
tompuce and co-Cunspirdtor, to al ol
these acts OF violence am has either
before OF after connected this dri"nd-
ant Herewith III our o. clourl1 oi
the opinion hat there rs edtncient cor
toharatlon 20 nccessitatc she suhmiH
sion Of this evidence 20 tho jury, ana
hat The same reasons Cor NithdruWthf
this evidence no not exist as Co tn tNl-
dHnrc az depnitttlons ami ether htl
violence a. the cripple Crook and
TELLURIDE.
The testimony OF the state 90.
Nhatevcr &c may be- worth to th' jury
connects tn, defendant on trial 90
INttIA WIN the NfillNu" N'lH 81 NNNl'i''
involved In ~, evidence Of the state,
IS far as they apply 90 te state OF
Color ado. while the testimony OF thC
taltsc which viii be wi hltawn from
fhe jury does not point % on Indicate
ca f amy othet Iefson or por9ons either
committed such acts of violence or
IfuCurcd the commission thcrco.. J.
thrsp reasons iho court VIII instruct
tho jury whom arriving at its verdict
O. disregard al evidence introduced by
tho dt fcnsc anu upon rcbuttnl. rctatinT
i ferorutioas Of miners ana other
Hsreaas from cripple creek and ihv
vicinity of T,lldIide and an c%viicuc"
Iu fgatlou 90 the conflicts in ihy
-li. localities between tn Western
Dc Iteration nf Miners and their sNmpn-
thtsafs has % side aud the militt"N
organizations. mine ownet. and mihr
aH uffs associations and indlNiduulH m
the same localities ON The other
Counsel Tor the defense here re-
ucWed their motion as madu eco th"
conclusion cd Inc case. thn' tho court
HdFi=e the lui. 90 return "a verdict %
favor of the defendant ior reasons
given Zoo said motion.
Fire defense noted am exception 90
fha Whole of fIc decision.
Immediately after tho rlurtf drt.-
.lu had been llod. the jurA was called
n and fht nuplluE argur. o. uf Zoe
iatr WAS begun h1 Jane ". HuNlt
Nf. HHwIsy Congratulated me tudEH
Hn reaching the end 90 what h"
..H. HH. md .H...uH..H ..HIr.#HH.# .