The Chanute times. [volume] (Chanute, Kan.) 1897-1913, 1907-07-26

in behalf of William D. Haywood. The
jury was not brought into court, Judge
Wood having been informed by
counsel of their decision to rest With
out offer of sur-rebuttal. Clarence
barrow spoke for an hour and a nall
of the morning session. Senator
Borah replied in the afternoon and
was followed by e. F. Richardson.
The point argued was the PROPOSE
ton to exclude from consideration by
the jury the evidence offered by the
defense to show, by proof OF depoITa-
ton of miners from and the employ
ment of detectives in the Cripple
Creek district of Colorado, that
conspiracy was formed among the
mint owners and the citizens of the
district to prevent the employment
of members of the Western Federation
of Miners The position taken by
the Haywood defense that Harry Or
chard was employed by the Mine
Owners Association through detec-
tives to commit crimes which were
then charged to the Federation and
public opinion aroused against the
union workers and it therefore fol-
lowed that If Colorado evidence for
the state was admitted the defense
had the right to show counter-con-
spiracy. The reply of the state was
that the defense had failed legally
to connect their case in the particu-
lar and therefore their evidence
mercy confused the issue.
Boise, Idaho, July 20.-The field
for argument both for the prosecution
and defense of William d. Haywood
has been limited by Judge Wood, who
in a decision handed down Friday
removed from consideration of the
jury all evidence bearing on the al
legged conspiracy by mine owners and
others against the Western Fedora
ton of miners, Judge Wood decided
that the defense of Haywood had
made no legal connection of the mine
owners association, the citizens al
lance of Colorado and the Pinkerton
detective agency as laying a tounda-
ton for the evidence introduced !.
the defense to show that the cnsEsc
against Haywood and his co-defend-
ants is the outcome of a conspiracy
to exterminate the federation.
Immediately following the an
nouncement of this decision argu-
ment commenced. Judge Hawley,
leading counsel for the state spoke
for two hours and Is minutes of the
afternoon session, the morning ses-
sion having adjourned to enable the
judge to prepare his decision.
Mr. Hawley, who has been ill for
several days as the result of the
strain of the long trial, commenced
his address in a voice almost inaudi-
BILE to anyone except the jury. He
apologized for this, however, explain
ing that he had feared he woulu be
unable owing to i'll health to deliver
a prolonged address. Mr.. Hawley is
the nestor of the Boise bar. He is a
man of impressive presence and
his subject, his voice lost all trace of
weakness. His address after the
opening statement In which he ex-
planned that he had none of the
grace of words that constitute an
orator" was at times eloquently i'm
FASHIONED, but withal plain analysis
of the evidence He characterized
the case as most important ever
given TO jury in the United States"
and urged the jury to serious con-
sideration of the responsibility placed
upon them. His denunciation of the
defendant and his co-conspirators as
the worst band of criminals that
ever infested any section of this
country" was forceful and his eulogy
of ex-Gov. Steunenberg eloquent in
the extreme. Mr.. Hawley described
Orchards story as truthful not only
because of the manner in which 1t
was told. but because it had been
corroborated in every important de-
tail. Then when he found reason for
the confession in the conscience of
the criminal stirred by memories of
a happy boyhood in virtuous home
there was a wavor of emotion in the
pleaders voice and more than a sus-
picion of tears among his audience.
An Ex-Minister to the Vatican Dead.
Paris. July 1S.-Eugene Rene Pou-
bella. once ambassador of France to
loaa He h0rU