The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1907-12-27
TOO WEAK TO STAND, DARRoW
REcLlNEs in. CHAIR, WHILE
ADDRESSING JURY.
VERDICT REFUSED
Judge wood Declares That There Has
Been Confederation Of Orchards
Testimony as to Existence Of Con-
spiracy-Defense Will Be Similar
to That in Haywood Trial.

spiracy-Defense Will Be Similar
to That in Haywood Trial.
Boise, Dec. 26.-Too ill to stand
while speaking to the jury, Clarence
Darrow, chief counsel for the defense
in the Pettibone trial, sat in his chair
this afternoon as he outlined his case.
He spoke with effort at times and
never raised his voice above a CONVEX
sational tone. The memDers Of the
pury and an audience that crowded
the courtroom listened to every word
from the Chicago attorneys lips as he
explained the theory of the defense.
Darrow made it evident that to great
degree the same line Of defense would
be followed as in the Haywood trial.
Judge Wood this morning denied
the motions filed by the defense that
verdict Of acquittal be advised by
the court, the three motions being to
S1OV1D0 cLA dC4ullldl Ou LlS Dl
unconstitutionality of the Idaho stat
ute under which the defendant is be-
ing prosecuted, to advise acquittal on
the ground Of variance between proofs
and indictment, and to advise an ac-
quittal for want of sufficient corrobora-
tion of the accomplice. The first two
we're quickly disposed OF, Judge Wood
holding that the statutes We're plain
on these subjects. In considering the
motion to advise acquittal for want Of
sufficient corrs borative evidence,
Judge Wood reviewed the independ-
ent testimony on each of the crimes
confessed by Orchard, and stated that
in his opinion there was sufficient cor
roboration Of each Of them to require
the submission thereof to the jury.
Concluding, Judge Wood said:
Conspiracy Shown.
'T think the facts already in evil
dence tend to show a conspiracy, as
contended by the prosecution, and l
think that the Independent testimony
tends to connect the defendant, Petit
bone, Herewith sufficient to require
the submission thereof to the jury"
Judge Wood stated that there was
no independent testimony connecting
the defendant with the killing Of
Steunenberg except that which tended
to show his connection with the con-
spiracy, but this he considered was
sufficient to submit the case to the
fury.
On the convening Of the court in the
afternoon, Attorney Darrow asked per-
mission to remsin seated as he ad-
dressed the jury, and this request was
granted. He reviewed briefly the
early life of Pettibone in Pennsyl-
vania and his coming west anu engag-
ing in mining in the Occur Alenes,
where he became president of the Gem
union. In 1892, Darrow saiu, the de-
fendant left the Couer dAlenes and
never engaged in mining again.
'sIt was number Of years after he
went to Denver, continued DarroW,
ttthat Pettibone heard Of the Western
Federation of Miners. But one day he
learned of convention that was to be
held and he attended it, becoming &C
quainted with the officers and leading
members. He was later made an hon
orary member OF the organization. He
never attended meeting Of the local
union in his life, never paid any dues
and never had anything to do with
forming the policy OF the organiza-
tion.''
The coeur d'AIene Bull Pen.
Darrow called attention to the al
legged indignities to Simpkins in the
Coeur d'Alene "bull pen" and OF the
bitterness that ad always remained.
He said Haywood lived in Idaho at
the time and had considerable feeling
over 1t, but Pettlbone and Meyer had
nothing to do with the troubles of 1899
and had no feeling in the matter. He
told of the passing of the eight-hour
law in Colorado, Of the supreme court
decision declaring it unconstitutional.
of the adoption OF the con tituttonai
amendment, the failure OF the legisla-
ture to act, and Of the smeltermens'
strike at Colorado CITY and its result;
the strike at Cripple Creek, which ne
characterized as the greatest labor
war in the history of the country, and
the most disastrous to organized labor.
Harry Orchard was referred to by
Darrow as man always looking for
easy money, who never stuck to any
thing except gambling, and who al
ways made friends everywhere,
whether In the mining camps or In the
penitentiary He told Of Orchard
transferring his interest in the Her
cu1es to Gardner, from whom he al
ways had the hope Of getting his claim