The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-06-04
STATES HIS CASE.
Attorney Hawley for the State
in Haywood Case
Outlines What the Prosecution
Expects to Prove.
SCORES OF CRIMES.
Charged to Western Federation
of Miners.
Entire Address Is Excepted to
by the Defense.
THE FIRST WITNESS.
C. F. Wayne, an Eyewitness of
the Murder Testifies.
Defense Reserves Statement !
THE FIRST WITNESS.
C. F. Wayne, an Eyewitness of
the Murder TeStifies.
Defense Reserves Statement
Until States Case Is Closed.

Boise, Ida, June 4-WilIiam D
Haywood, accused of the murder of
Governor Frank Steunenberg, has
heard the elaboration of the states
charge against him and the first wit
ness has taken the stand to give testi-
mony against him James H Hawley
; made the states statement and its
burden was that an inner circle of the
Western Federation of Miners planned
and procured the murder of Frank
Steunenberg as one of the steps in a
far-reachtng conspiracy that embraced
many murders The statement con-
sumed one hour and twenty minutes
and was delivered to a crowded court
ROOM without attempt at oratorfcal
effort 1t met fire of objections
from the defense against the assertion
of Hawley that the leaders of the
Western Federation of Miners were
responsible for scores of murders" p"
and next against the charge that the
great conspiracy extended back to the
infancy of the federation. There were
repeated objections on the ground that
Hawley was arguing the case By
agreement the defense was given a
general exception to any part of the
opening statement that it objected to-.
The attitude of the defense clearly
indicated purpose to defeat the plan
of the state to show a general con-
spiracy. and to limit the case as closely
as .ssible to the Stuenenberg crime
alone
HawIey Opens for State.
Court opened at 9:40. The court
room filled up quickly with those who
came to hear the opening statement of
the prosecution and the first witnesses
in the famous case The jury filed in
promptly at $50 o'clock, but Judge
Wood was a triffe late in arriving. 1t
was also stated that the delay was in
part due to the defendant who was
said to be none too we'll
When Mrs Haywood was wheeled
into court in her invalid chair, she was
handed a large bunch Of red roses by
Mrs Steve Adams, wife of one of the
men said to have been involved in the
conspiracy Haywood was a trifie pale
as he took his place near the long
counsel table but declared he felt
quite WELL after his brief Illness of
last night Judge Wood appeared on
the bench at 9:40 o'clock
HawIey Opens for Prosecution.
Mr. Hawley began his address five
minutes later He declared he had no
intention of going into the details of
the states case to any great extent. Mr-
Hawley said he clung to the notion that
the jury after all is the best judge of
the effect and the weight of the evidence
as well as any theories. The evidence,
he declared, would fully develop the
slider
Mr.. Hawley then briefly went over the
events immediately preceding the death
of former Governor Steunenberg, whom
he described as one of the foremost fig
ureS of the state of Idaho. He told also
of the positions held by Meyer, Hay
wood and Pettibone in the Western
Federation of Miners He said that
Harry Orchard who is said to have con-
fessed to placing the bomb which blew
also a member of the Western Fedora
tion of Miners as was Jack Simpkins,
who has never been apprehended- Mr..
Hawley told the jury that while Hay
wood, Pettibone and Meyer are specifi-
cally charged in the Indictment with
having thrown or exploded the bomb, it
is not the purpose of the prosecu ton to
prove that they were even in the state
of Idaho at the time of the crime. IN
der the laws of this state however. ac-
cessories before the fact are not recog-
nized as such, but must be charged with
crime a s principals Those who aid, ad-
wise, abet or assist in crime are recog-
nized under the laws Of Idaho, whether
present or not, as principals in the
crime
1T is our purpose" the leading attor-
ney for the state went on, Ito show that
the death of Steunenberg was the result
of a conspiracy, an understanding and
conclusion between the leaders of the
Western Federation of Miners and other
persons
We claim that the leaders of this
union are responsible for this outrage
and it viii be our purpose of prove
them so-''
History of the Federation.
Mr. Hawley len went into the for
nation of the Western Federation of |
Miners, saying it was organized in 1893 !
The executive committee, he explained |
was given almost absolute control of the |
body but few men being in command |
of the destinies of the organization. He |
said the rank and file of the organiza- |
ton knew little of what was going on |
among these few men and were guilt |
less of crimes alleged
But we will show" he said, that the |
leaders of this organization have been |
responsible not only for the death OF |
Steunenberg but scores of others be- |
sides''
Hardly had these words left Mr.. |
Hawley's mouth when Attorney Dar- |
row for the defense was on his feet |
with an objection which indicated the |
purpose of the defense to endeavor to /
confine the prosecution absolutely to |
the death of Steunenberg. Mr.. Darrow |
declared the death of scores of 9th
ers,' had nothing to do with the case /
at bar.
THE court cannot tell at this time
whether the statement is Objectionable |