Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1907-07-18
Counsel Wrangling
Over Instructions
to Jury
VERDICT BY NEXT WEEK
Counsel Darrow For Defen.
dant Pleads Permission to
Prove Conspiracy.

Boise, July 1S,--The defense in the
Haywood case rested immediately
after court opened this morning with
out calling any witness in sur-rebut-
tai. Judge Wood announced that the
opening argument for the state to the
jury would be made tomorrow by At
torney James H. Hawley. The iury
was not brought in today. Besides
the arguments. as to the admissablity
OF certain evidence the consideration
of the instructions to be given the
jury occupied considerable time.
On this subject Judge Wood heard
the views of the opposing counsel
who were requested to give their
opinions as to the materiality of the
evidence, showing deportation and the
employment of detectives by the mine
owners and citizens of Colorado
Attorney Darrow First to Give Views.
Attorney Darrow was the first to
speak today. After referring to the
latitude allowed the state by the court
Darrow took up the Couer d'Alene
troubles saying Haywood at that time
was an obscure member of a local
union of the Western Federation of
Miners many hundreds miles from
the scene of the disorders
AS to the employment of detectives
Darrow declared that practically all
OF the testimony in the states case
was secured by Pinkertons and 1t
would be impossible to disassociate
them and their methods from the case
at issue He said the defendant was
compelled in refutation of the charges
| Of the murder of Ex-Governor Steun-
enberg to meet all sortarof conditions
and allegations. The state was al
lowed through Orchard to bring In
something about the alleged attempt
to wreck a train and of course Hay
wood was held up as the guilty party.
said Darrow, who continuing said:
Strong Points in Defense.
"Was it immaterial for us to show
the attempt was made by detectives
in the employ of the railroad COM
pany and Mine Owners Association?
I think not Neither was 1t incom-
petent to show that the men who per-
petrated the crime merely wanted to
create the impression or appearance
of train wreck so as to trump up
another charge against the Western
Federation
AS to the Bradley explosion, Dar-
row said it was entirely competent
to produce evidence that the explosion
was caused by gas, and also proper
to show that the Vindicator incident
might have been an accident rather
than a design
Plead Right to Show Conspiracy
Darrow spent some time discussing
and citing authorities as to the mater
iality of certain evidence showing the
threats against Steunenberg on the
part of Orchard. Darrow charged the
independence depot explosion directly
to Detective Sterling. He charged that
Pinkertons joined the Union and fos-
tered riots and disorders. He closed
with a whirlwind appeal for a right
to show conspiracy against the
Western Federation of Miners.
Senator Borah will reply to Darrow's
argument this afternoon.
Case to Jury Next Week.
The exodus of witnesses in attend
ance upon the Haywood trial com.
menced in earnest today 1t is esti-
mated that five hundred witnesses
have been in this city at different
times during the trial. Arguments on
the admissability of certain evidence
occupied today's session. 1t is ex-
pected the case will 60 to the jury
by next Wednesday evening or Thurs
day.