The Madison daily leader. [volume] (Madison, S.D.) 1890-current, 1907-07-18
UP THE ARGUMENTS
Evidence Practically Completed
in the Haywood Trial.
MINE OWNER ON THE STAND
Describes Conditions Existing at Tel.
iuride, Colo, Prior to the DecIara-
ton Of Martial Law and the Arrival
of Militia on the Scene.

SOtO.y 10 tne 1SCIdEd"
ton Of Martial Law and the Arrival
of Militia on the Scene.
Boise, Ida, July 18.-Rebuttal evi-
dence for the state in the Haywood
trial was concluded during the after
noon and as the case now stands 1t Is
likely arguments will begin Friday.
o. NJ. Sackett, one of the officials of
the Smuggler Union mine at Telluride,
Colo, was the one witness under ex-
animation during the morning. He
gave an interesting account Of the
conditions existing In Telluride from
1901 TO 1906 leading up to the declara-
zion CT martial law.
An interesting piece Of documentary
evidence introduced by the state was
q written agreement entered into in
1891 between Edward Collins, man
aeer of the Smuggler Union mine, and
Vincent st. John, president of the To-
cal union G. the Western Federation
nf Miners. Under this agreement st.
John agreed to stop the attacks upon
the Snuggler Union mine as agreed
between himself and Mr.. Collins.
Under cross-examination Sackett
was unshaken. He Joined the action
of the citizens in taking the law into
their own hands prior to the arrival OF
the militia and described the condi-
tions as contrary to the wellbeing OF
peace loving citizens.
On the opening Of court Attorney
Richardson notified the state that the
defense desired three Of the state wit
nesses to remain In town. Judge
Wood announced that prior to the
opening of argument he would notify
counsel as to the main points In the
evidence of which he would instruct
the jury. Clarence Darrow, for the
defense, announced the sur-rebuttal
for the defense would be very short.
May Increase Court Hours.
Judge Wood said that while he
would not limit the attorneys In the
arguments he probably would increase
the court hours so as to get through
as quickly as possible. The lawyers
were Inclined to protest against this.
Mr.. Hawley, for the state, announced
that he had been anything but well
during the past few days. he SAID ne
might have to temporarily abandon
the examination of witnesses II he felt
no better. The matter OF arranging
the hours for argument was finally
left in abeyance.
O. nj. Sackett Of Telluride, Colo,
for fifteen years an employe OF the
Smuggler Union mine, was the first
witaess OF the day. He told his per-
sonal experience in the big riot at the
Smuggler Union mine in 1901, when
he said that he and several other EN-
ployes were compelled to run per-
feet hail of bullets in order to get to
the mine.
The witness stated that Vincent ST.
John was head of the local union at
Telluride at that time. over obJec-
tion by the defense he was allowed TO
state that as result of negotiations
he had with ST. John an agreement
between Edgar A. Collins, assistant
manager of the mine, and st. John OF
the union, was drawn up and signed.
TIE agreement, when offered in evi-
dence, was objected to by the de-
tense Judge Wood, after considering
the matter for some little time, de-
cided 10 admit the paper and 1t proved
one OF the most interesting and I'M
portant exhibits of the trial. 1t was
dated July 5, 1901, and In 1t the Min
ers' union agreed to refrain from vlo-
lence for three days. The agreement
was in part as follows:
Agreed to Refrain From Violence.
1T is hereby agreed between the
Miners union, by v. st. John, pres
ident, and the Smuggler Union COM
pany. by Edgar A. Collins, assistant
manager, that all work on said mine
shall cease for period Of three days
ending Friday and that said Miners
union will refrain from violence as to
the person and property for the same
period. The said Smuggler Union
mine may employ four guards during
the period"
The witness then told OF the killing
of Arthur Collins, superintendent Vi
the mine, the disappearance OF several
miners in the district and various dis
orders. He said the men were afraid
Is work, that many of these were shot
at on their way to the mines and 1t
was because of these conditions that
the troops were brought IN and mar
tial law proclaimed.
On cross-examinatIon Sackett said
the trouble in 1901 lasted only three
days. Then the agreement went into
effect and the matter was settled.
Attorney Richardson read to the
witness and tho Try another agree
ment entered into on July ., 1901, ~
the Smuggler Union mila and the Min
ers' union 1t set forth that the ditfer-
ences between the mine and the union
had been ainicably adjusted. the union
expressing It's entire disapproval OF
the recent o,trages" and agreeing not