Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1907-07-19
ARGUMENTS
On the Admission of C0I0
faado Events tlccupY the
Boise Court
Defense D # Wiling 9 Its Testimony
on This Point Shall
be Ruled Out
Provided, the State Is Served
Likewise Decision Elk
pected This Morning

q
gument on the admissibility of points
Of evidence followed the announce
ment from the defense that they had
no further witnesses to offer In he
half Of VIM. p. Haywood. The jury
was not brought into court. Judge
Wood having been informed by euun
sci of their decision to rest without
an offer of surrebutGal.
Clarence barrow spoke for am hour
and a half at the morning session
Senator Borah replied in the after
noon and was followed by r. F.
Richardson and Judge Wood WIZ
probably announce his decision to-
morrow morning.
The point argued was the propU
sition to exclude considerable OF the.
evidence offered by defense to show
by proof of the deportation OF the
miners and the employment Of de-
tectives in the Cripple Creek districf
of Colorado, that a conspiracy WAS
formed among mine owners OF thess
district to prevent the employmenfs
of members of the Western Fedora
tion of Miners
The position taken by the Haywood
| defense was that Harry Orchard was
employed by the Mine Owners As
soication, through detectives to COM
! nit crimes that were charged to the
federation, SO that public opinion was
aroused against union workers, and
that if the Colorado evidence for the
state was admitted the defense had
a right to show a counter com
spiracy.
the defense had failed legally to,
| connect their case in particulars and
therefore their evidence merely con-
fused the issue.
In the absence of the jury the ar
gument gave counsel an opportun-
ity to take q wide range in comment
ing on the methods employed by
both sides. barrow was impassfou-
sailed Orchard and the Pinkertons-
He maintained that Orchards story
connecting Haywood and the West
ern Federation of Miners with the
crimes to which he has confessed
had not been corroborated, that the
indicator mine explosion was an ac-
cident, that the independence depot
explosion, where fourteen men were
killed, was planned by K. C. Sterl-
ing and D. C. Scott, railroad detec-
tives, and that the Pinkertons sent
men into the district to join the un-
ions and incite members to riot and
disorder.
Incidentally. he said, the Bradley
incident in San Francisco was due to-
an explosion of gas as shown by evE-
dence for the defense and that Hay
wood had not been connected at any
point with any of the overt acts CON
| fessed by Orchard, except by the dis
credited testimony of Orchard him
self. 5G, :s55
:
largely to the legality of the question
of admissibility He sopke for an
hour, reviewing the evidence ana
claims made by the defense, which.
he said, failed to show by any mem
Der Of the alleged conspiracy between
| the Mine Owners association sand
Pinkertons that any such conspiracy
existed He quoted authorities to-
show that conspiracy can only be
considered after the introduction OF
direct evidence OF conspirator.
Judge Wood stated that in ali prob
ability he would decide tomorrow r.
Nj. Hawley viii open arguments for
the state at 40 o'clock tomorrow
morning, It is expected that he wI1r
take the entire day Richardson, for
defense, will speak Saturday.