Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1907-06-04
HlWLEY MAKES TROUBLE
OPENING HAYWOOD CASE
ct,onC Protest From Defense on Assertions
Connecting Western Federation With
''ScOre of Murders

,sr mne 4.-William d. Hay
accused of the murder of Frank
sanherg. has heard an elaboration
~ states charges against him and
II arst witness has taken the stand
live testimony in what promises to
one Of the greatest trials in the
country.
I.mes H. Hawiey made the states
...,ou,ert this morning and its burden
- that an inner circle of the West
- federation Of Miners had planned
.a nrocured the murder of Frank
c,.rnenbere as one of the steps of
IS reaching conspiracy that embraced
many murders. The statement occu-
n,es one hour and forty minutes and
- delievred to crowded court room
v,thout any attempt at oratorical eff
fort
II met with fire Of objections from
ne defense, first against the assertion
n Hawley that the leaders of the
western Federation OF Miners were
resnonsibie for scores of murders;"
naxt against the charge that the great
conspiracy extended back to the in
ancv Of the federation. Then there
we're repeated objections on the ground
IL Hawleys arguing the case. BY
agreement the defense was given
general exception to any part Of the
opening statement that it objected to.
The attitude of defense clearly in
dicted the purpose to defeat the plan
OF the state to show a general con-
spIracy and limit the case as closely as
possible to the Steunenberg crime
alone
Hawley, coming to the close of his
remarks, asserted that the evidence ad-
duced would go much farther than he
had in his opening statement. He be-
ieved that the proof would satisfy the
Jury as to the guilt of he accused un-
der the statutes despite the fact that
Haywood himself may not have been
in the state of Idaho for years.
At the conclusion Hawley thanked
the Jury for their attention and Dar-
row arose and stated that the defense
would reserve its opening until the
states case was finished.
Judge Wood then cautioned the
jurors to weigh the evidence carefully
and keep their minds clar If possible
The attoyneys agreed that an ordel
excluding the witnesses was not neces-
sary.
Haywood appeared trifie pale aftel
his brief illness of last night, but de
clared he felt quite we'll"
G. F. Wayne was called as the frs
witness. He formerly resided in Cald
well, the next door to Governor Steun
enberg's place. He was examined b!
Borah. He said he was working OF
the Steunenberg place the night of tn
explosion, December 80. 1905, and ha'
Just gone to his own house when tn
explosion occurred. The lights in hi
house were extinguished. He rushe
out to the governors house, and sa'
the mangled body and weAt. for tn
doctor. Governor Steunenberg died
half an hour Wayne said he ha
passed through the gate just Is mir
utes before the explosion occurred. TIL
defense did not cross examine the wit
ness.
DR.. j. w. Cue, who attended Steur
perg, described in detail the fearfl
wounds. He was not cross examine
John c. Rice, an attorney of Calt
we'll followed DR.. Cue and testified
Inc presence of Thomas Hogan, alii
orchard at Caldwell prior to Il
steunenberg murder Rice testified
conversation with Hogan regardil
me vacant house near the Steunenbe
residence and also said he saw Hog
passing his house nearly every day I
month before the tragedy.
Rice declared that Hogan is the SAL
oefson that was afterward arrested
: marry Orchard. Richardson cross e
amined Rice, who said Hogan h
self
~ $ Ellis, merchant at Caldw'
was the next witness He was buil
ing house near the Steunenberg pls
anu saw Hogan in the vicinity ma
uines and saw him observing
o'eunenberg place and at times
carried colored glasses and used tn
Tor observation purposes.
Inc luncheon recess had Just co
. A. Ballentine. of Caldwell was c.
ed to the stand.
AFTER reeass BaIlent.ne testified
eelng Orchard at the Saratoga h,
= Caldwell on the day after the m
amined.
julian steunenbers. son of the m