Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-07-18
State Closes Confident Guilt Of
Accused Federation Leader
Is Proven to Satisfaction Of
Jury.
JUDGE OUTLINES SCOPE
OF THE ARGUMENTS
Declares Evidence to Show
Mine Owners Conspiracy
lmmateriaIi Famous Trial
Draws TO Close,

Draws 10 Close,
IBy MornIng journal special Leased Wlre.l
Boise, Idaho. July l7.-The state Of
Idaho rests content with the evidence
It has introduced to prove that Will
liam ID. Haywood, the secretary treas-
urer of the Western Federation of
Miners. conspired to kill and there-
fore murdered Frank Steunenberg.
Tomorrow Haywood will rest his case
with the jury so far as the evidence
is concerned. Possibly some witnesses
will be called in sur-rebuttal Judge
Fremont Wood has invited argument
on his own proposition to elimlnai.
certain evidence from consideration by
the Jury. After having dismissed the
jury this afternoon Judge Wood stated
his opinion that the evidence intro
duced by the defense to prove a con-
spiracy on the part of the mine own-
ers was not material to the issue in
yolyed and should not be submitted 70
the Jury. on the other hands, he said
the showing by the state that Steve
Adams was concerned in the killing y
two men in the Occur d'Alene district
did not appear to the court to be ger
name and should be eliminated. he
announced, however, that the eour'
. would hear argument tomorrow OF
these points.
Judge Wood has already stated thal
by putting counsel on notice IN the
main points Of which he would in
strict the Jury he hopes TO consider
ably shorten the arguments
Another announcement by the cour'
tadaV was determination TO con-
chide the case within the next week.
i. II. Hawley will open the argu-
ment for the state and e. f. Richard.
son for the defense. Clarence DarrOw
viii close II for Haywood and the hna
argument will come from Senator 30
rah.
The state called but two witnesses II
rebuttal today AT the last moment
the prosecution decided not to .cal
either the mine owners or the Pinker'
ton detectives Captain James Me-
Partland, the superintendent OF tbs
western division Of the Pinkerton de.
tectfve agency, who II was expected
would be one Of the most picturesque
witnesses, was not called.
The witnesses examined today were
from Colorado.
c. M. Sackett. employed at TN
SmuggIer Union mine at Telluride, nae
n
resulting from the struggle betweei
fhe members Of the Western Fedora
lion and the owners Of the mines. n
amount OF severity on the part of r
r. Richardson changed Sasketts posi-
five assertion that the mob of the citi
zans' alliance OF the Cripple Creei
district took the law into their owl
hands as a last resort and that Una
organization was made up of good ls
Izens OF the district. He Justiii
the deportations by saying that ~ s
were necessary because the citizen
had reached the conclusion that mel
who refused 10 work themselves o
to permit other people to work shoul'
be sent away.
The last witness of the day and tn
last witness OF the state was william
stuart. a Sc0tchman. red bearded an
retaining the burr of his native IAN
guage on his tongue. He was mine
in Cripple Creek, and told a terrlpi
story of mal-treatment at the hand
OF miners who had warned him ina
he would have to take the conse
auences If he went TO work as a'scaD
Stuart went TO work. however.
Mr.. Richardson dismissed the VIII
ness with the words:
stuart wheeled out of the witnes
chair. and as he stepped down he sal
aHumph. wen there is more If y
want t."
And with this the prosecution resteet
The attorneys for the defense II N
Haywood case, who are representa-
n " Aller. one OF the Colorado wit
neeses charged with perjury. argues
today before the Justice OF the peac
FOR dismissal on the ground that tn
testimony was on an immaterial poinl
The Justice took the matter under ad
visemen..
ON the opening Of court this morn
ing Attorney Richardson notified IN
state that the defense desired three
the states witnesses to remain
town.
Judge wood announced that prior [
the opening OF the argument ne woul
notify the counsel as to the nlal
points IN evidence on which he woul
instruct the Jury. narrow. for the de
feuse. announced that the surrebutti
for the defense would be very short
Q. NJ SaeketI. of Telluride. Coll fa
fifteen years an employe OF the SINUS
Rler Union mine. was the first witnes
OF the day. He told his personal e.
perionces IN the big riot at the SINUS
Rler Union IN 1901 when he said i
and several other smuealer Union en-
pl0yes wore compelled to run throug
perfect hail 0f bullets IN order TO g
"a fhe mine.
lie said that Vincent st. John va
the head Of the Telluride union II I'll
time. The witness ncxf told Of neg
tlaline With Sc. John ta have the II
Ing stopped. and aaid he reached E
agreement with him.
sackelf said that as a result Of Il
negotiations he had with s.. John, 9
agreement between Ndgar a Collin
assistant manager II the mInn, and s
John Of he unIon was drawn ~ -
alancd The agreement Was offered
evidence end although he HeieHsc q
leelfd. flle judge allowed Il - be- f|H
This nfH4on|ent sac d1Ifu July