Shoshone journal. [volume] (Shoshone, Idaho) 1884-1931, 1907-07-26

Boise, Idaho.-The field for argu.
ment both from the prosecution and
defense Of William d. Haywood has
been limited by Judge Wood who in
a decision handed down on Friday re-
moved from consideration of the jury
all evidence bearing on the alleged
conspiracy by mine owners and others
against the Western Federation of
Miners Judge Wood decided that the
defense OF Haywood had made no Ie-
gal connection of the Mine Owners
association, the Citizens Alliance of
Colorado and the Pinkerton detective
agency as laying a foundation for the
evidence introduced by the defense
to show that the charge against Hay
wood and his co-defendants is the out
come OF a conspiracy to exterminate
the federation.
Immediately following the announce
ment OF this decision argument COM
menced. Judge Hawley, leading coun-
sci for the state. spoke for two hours
and fifteen minutes of the afternoon
session, the morning session having
prepare his decision.
Every seat In the courtroom was &C.
cupied. Outside the Enclosure re-
served for attorneys and newspaper
men. were many persons prominent in |
public and private life and sprinkling |
OF women in summer costumes added |
color to the auditorium space. Cover
nh
rison, number of the officers of the
state administration, Captain James |
Julian p Steunenberg. a
son of the murdered ex-governor, and
a large gathering of members of the
bar OF Idaho and adjoining states were
present. Haywood sat behind six of
his counsel. His wife, in her invalid
chair, was placed ON his right and his
eldest daughter sat beside her mother
Haywood's half-sister and stepfather
occupied seats close to the defense
group.
Opening Address by Mr.. Hswiey.
Mr.. Hawley, who has been i'll for
several days as the result of the strain
If the long trial, commenced his adj
lress In a voice almost inaudible to
'nyone except the jury. He apollo
;ized for this, however, explaining that
lie had feared he would be unable.
wing to ill-health, to deliver a pro
onged address. Mr.. Hawley is the
Jestor of the Boise bar He is man
4 impressive presence and aggressive
peech. Warming to his subject Friday
fternoon, his voice after the opening
tatement, in which he explained that
e had none of the grace of words
hat constitute an orator" was at times
loquently impassioned, but withal a
lain analysis of the evidence. He
the case as the most
important ever given to the jury in
he United States" and urged the jury
D a serious consideration of the re-
possibility placed upon them. His de-
unciation of the defendant and his
o-conspirators as the worst band of
rIminals that ever infested any Sec
this country" was forceful and his
ulogy of Ex-Governor Steunenberg
oquent In the extreme. Mr.. HawIey I
escribed Orchards story as truthful c
OF only because of the manner in c
hich 1t was told, but because it had
cen corroborated In every important v
stail. Then when he found reason Y
II the confession in the conscience of
lie criminal stirred by memories of
happy boyhood in virtuous home,
lere was a wayer of emotion in the
leaders, voice and more than sus- r
cion of tears among his audience.
Counsel for the defense repeatedly ;.
terrupted Mr.. Hawley with protests
Id objections, but these only seemed
stir him TO greater effort Once c
twice he turned to Clarence Oar II
w and faced him with roar of anger
Id another time he said lit does not e
: in the mouth of counsel to find ex- G.
se for these awful crimes" +,