New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-07-21
MR.. HAWLEY CONTINUES
CLASH BETWEEN COUNSEL
EquiUocation Charged in 4Argu-
mentS at Boise.

lam D. Haywood which after two months and
| half of hearing is about to be submitted to the
jury, James H. Hawley, chief prosecutor nrst
devoted his attention the alleged attempt to
wreck a train the Florence & Cripple Creek
| Railroad This Of the incidents OF the
Colorado labor troubles testified to by Harry Or
chard.
This matter came out in Orchards testimony"
said Mr.. Hawley, but it absolutely imma-
terial to the issue here involved But the defence
has taken this incident and has tried to build up
out Of it a conspiracy the part OF the mine
owners against the Western Federation OF
Miners. Orchard admitted that he had reported
the alleged attempt detectives in the employ of
the Mine Owners Association and to the railroad
f, The defence has brought two women witnesses
here to testify that they saw Orchard in the room
Of of the detectives many occasions Ihese
women this only casually over five years
ago, but they come here and swear positively as TO
Orchards identity and to the number OF ms visits
! Such evidence this speaks for itself
Orchard undoubtedly was trying to secure
money from all the sources he could, and am not
going to defend him for his double dealing IN
taking money from both the Western Federation
! of Miners and the railroad company.
Il not here to paint Harry orchard IN any
thing but his true colors. There Is but one cla'h
we make for him, and that is that he has told you
the truth. This fact has been indeHDly hxed by All
! the circumstances in the case -.
Mr.. Hawley said that Immediately after the train
wreckng Orchard found again in the western
Federation of Miners.
Taking up the matter of the attempted assassina-
ton of Governor Peabody, Mr.. Hawley repeated
| and Steve" Adams laid to kill the Governor Or
I chard's testimony amply cOrroborated, counsel
declared, Mrs. Peabody herself taking the stand to
testify TO one of the most Important incidents me
attorney told OF Governor Peabody's activities in
the Colorado troubles, and declared that the
/ strongest motive for his taking on was connected
with the Western Federation of Miners No posi-
BILE personal motive said Mr.. Hawley. could be at
tributed to Steve" Adams or Harry Orchard.
/ While arguing this incident, Mr. Hawley brought
, on exciting battle Of words with Clarence Oar
row. of the defence, in which 'untruth" and de
ata a1aeln n5" lIsa on
If said Mr.. Hawley. there was word OF un-
truth IN Harry Orchards testimony as TO the at
the best witness testify2 man who is now
in the basement Of this building, man who stood
in the esteem Of the leaders OF the Western Fed
GRAFTON Of Miners second only 70 Orchard-steve'
Adams The prosecution brought this man to Boise
50 he could be used by the defence II II SO de-
| sired
LIVELY CLASH BETWEEN COUNSEL.
I object to that" shouted Mr. barrow. jumping
to his feet. 1T is absolute unt-uth. counsel
well knows. and there Is no such record in this
| case"
IF you say that what have stated is an
truth" replied Hawey, in anger. you utter Il de
Nberate falsehood"
barrow renewed his objection and then Judge
/ Wood took hand He said he would instruct the
jury to disregard all statements made by counsel
| not borne out by the evidence. barrow urged that
/ counsel be prevented from making any statement
/ in regard 10 Steve" Adams
I Il object 10 his saying he brought this man here
10 US" he continued
/ 7 ask that Nh. Darrow be instructed to sit down"
/ Il object" said Darrow.
1T IS the CALLED Jade that w'ncos" tainted Haw-
Then vince" shouted the opposing attorney
! "Oh no, gentlemen, I have WINGED said
Hawley turning at last TO the jury.
/ court and shown 10 you. His appearance In tEls
room gives the lie TO the statement by counsel that
/ the facts not I have related them.
There is Just other who could deny
change Orchards statements as 10 Governor Pea
! body That Is George Pettibore. II he did
not counsel the proposed murder. II he dd not
| furnish the sawed-on guns. why didn't they bring
| tradict Harry orchard. Does counsel expect TO
wipe out the facts by mere argument? They can
| not DO So
Carrying forward his address In chronological
! order, Mr.. Hawey took up the Independence
! station explosion. He rldiculed the idea that the
Nine Owners Association was responsible Tor the
! outrage and asserted that the evidence addvced I'm
| support Of that theory either from witnesses
! shown to be perjurers utterly absurd upon the
| face OF f. The facts We're as stated by Orchard.
| steve Adams whom Orchard implicated. was
not called 10 contradict him AS 90 the dogs being
called of by a detective OF theu Mine Owners As
! ISOLATION Mr.. Hawley admitted this 10 be true
| The dogs supposed be following Orchard. had
! gone eight miles from tie scene whereas the evil
dencs showed Orchard had mounted II horse a mile
from the station. and had ridden some thirty miles
or more before IightfalL
Bringing his argument down 10 the attempt on
the life OF f. ". Bradley IN San Francisco Mr.
| Hawley reviewed frat the testimony as TO money
! sent 10 Orchard in San Francisco by George \.
| Petubone. A. 10 the motive against Bradley, he
said, II 10 show the world that the federation
ala not forget its enemies :fte. n lapse OF
years. Bradley had been the manager Of the
Bunker Hill and Sullivan mine, which WAS
blown up In 1893 Mr. Hawey recalled the
jury the testimony regarding the registered let
ter J. Wolff, IN Denver. to Orchard In
San Francisco, and containing 800. Wolff a clerk
| In Petubone's store testified that he sent the
letter.
Why" asked Mr.. Hawley. "dd they not put
Pettibone the stand testify 10 his con
| nection with these matters? l VIII leave that FOR
them to explain"
Referring to the Testimony OF Dr. I. l.. Mcgee Of
| Wallace, Idaho that he saw Orchard there during
the summer Of 1904 Mr.. Hawley said Orchard
| could not have been there. and that DR.. McGoe
| was either grievously mistaken to dates or
| stated a deliberate falsehood.
! MCGEE was recently arrested for perjury.
A TO the killing OF Lyle Gregory. Mr. IIawlry
said the evidence showed that Gregory a com
panion OF Detectives Scott and Sterling, against
! whom the Western Federation OF Miners had
| grievances orchard must have been serving the
| federation in killing the man, for he had per
| sonal motive.
It was not to be expected that the witnesses who
! testified TO the belief that had been the
cause OF the Bradley explosion would admit
now, IN the light of Orchards confession, that
they had been absolutely mistaken and wrong
Gas could not have broken in the tiled floor
OF the Bradley vestibue, the in
the explosion. Nothing but dynamite could have
acted in that way. Mr.. Hawley said the testimony
the gas expert introduced by the state did away
with the impossible theory that the gas was iSnited
by Bradley's cigar.
| He also ridculed the idea that enough gas could
have accumulated to have caused such terrific
explosion without the odor being detected through
out the house.
"TVhy, If the hall was filed with gas, has been
told, Mr.. Bradley himself would have been
asphyxated before no could have reached the front
door The fact that nothing was burned also up
| sets entirely the notion that gas caused the ex-
! plosion."
AS the luncheon ordered until 2