Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-07-18
Addresses Court on Necessity of
Letting Certain Evidence
Go to the Jury.
AS TO COUNTER CONSPIRACY.
Closed Argument With a Strong
Appeal to Show it Existed
Against the Federation.
Borah Will Reply---Anaiysis of Tcsti.
mony and Argument Begins To-
morrow---To Jury in a Week.

Boise. July 1s-The evidence Is all
in, Analysis and argument begin to-
morrow and within the next seven days
the fate of William d. Haywood will
rest with the Jury.
The session this morning was given
up to Clarence Darrow who, in be-
half OF Haywood argued that the
| showing Of the deportation from Cripple
| Creek during the strike period aud tho
connection OF the Pinkerton detectives
| and hiredHgun men" should be allowed
to 80 to the jury. Mr.. Darrow re-
viewed the Colorado situation. He
charged the mine owners and the deter
tives with planning fake wreck on
the Florence and Cripple Creek rail
way; with blowing up the Independence
| depot and with fostering riot and dis
| order through hired thugs. barrow was
| impassioned and hurled invective with
| out stint at the detectives and at Or
| chard. He closed with wbirlwind ap-
peal for the right to show a conspiracy
against the Western Federation of Min
eTs,
Senator Borah will reply TO Darrow's
argument this afternoon.
The defense in the Haywood case
rested Immediately after court opened
| this morning and without calling a sim
| gle witness in sur-rebuttal. Judge Wood
| announced that the opening argument
for the state to the jury would he
| made tomorrow morning by Atty
| James II. Hawley.
The Jury was not brought into court
today, the day being given over to the
consideration OF Instructions to be given
he, m o. m lo lac Fn 49, ~. 4
PENDANT In their hands. on this subject
Judge Wood heard the views OF oppos-
| ing counsel. who We're requested to give
their opinions as to the materiality of
| the evidence showing deportations and
| the employment of detectives by the
| mine owners and citizens of Colorado
BARROW BEGINS.
Clarence Darrow was the first to
| speak today. His speech was pre-
coded by brief announcement on the
part OF Senator Borah that the state
would not oppose the striking out OF
that part OF Harry Orchards testi-
mony which dealt with his talk to
Steve Adams and Pettibone as to
Adams going into northern Idaho and
getting rid CT some claim jumpers"
Judge Wood called attention to this
testimony yesterday and Indicated that
he did not believe it had been con-
nected UP In any way with the defend
ant Haywood.
I'VE objected to that testimony when
II was admitted declared Mr.. Dar-
row for the defense, and we do not
think that striking it out now Will
right any wrong that was done by
1t. We Will not ask that 1t be strick-
On out"
but you viii not object to the court
instructing the jury with reference to
It % asked Judge Wood.
r LATITUDE ALLOWED STATE.
mo. sir. we can't do that" replied
the attorney; "and while / do not at
this time criticize the court for the
latitude It allowed the state In this
case, there seems 10 be no disposition
10 limit Its testimony In any particular
as TO some great. general conspiracy
by the Lord only knows whom"
Beginning with the Occur d'Alene
troubles OF 1888 Mr.. barrow called the
courts attention once more to the fact
that William d, Haywood at that time
had nothing to do with the general Or
ganization of tho Western Federation,
but was an obscure member OF a locaf
union In Silver City, many hundreds
OF miles from the scene of the dis
orders
AS 10 the employment OF detectives,
Mr.. Darrow declared that most or
practically nll OF the testimony In the
case was secured by Pinkertons and it
would be impossible TO associate them
and their methods from the issue. TAX
ing up Orchards crimes as confessed
by him, Darrow said tho defendant a.
bar was compelled, IN refutation OF
charge OF having murdered Frank
steunenberg. TO meet all sorts and con
dltions OF allegations,
The state was allowed through Or
chaId TO bring In something about an
alleged attempt to wreck a train ard
80 n... kanI
as the guilty party. Was IL immaterial
for MS 10 show that the attempt was
made by detectives In the employ of
the railway company and the Mine
owners association? / think not,
Neither Is It incompetent for us 10
show that the men who perpetrated
the crime merely wanted, to create an
impression or appearance of n train
wreck so as 10 trump up another
charge against the Westerd Federation
OF Miners
AS to tho Bradley explosion. claim
ed by Orchard. barrow said 1t was
entirely competent 10 produce testi-
by ga8 II was also the proper course.
he said, 10 show that the indicator
mine incident might have been an
accident rather than the result or
design.
ORCHARDS THREATS
MIR. Darrow spent some time In lis-
cussing and citing authorities M 10
the materially OF the evidence show
ing threats on the part Of Orchard
against Coy, Steuenberg. He declared
that n there was any question rs 20
the relevancy u any Of the testimony
in the case, the doubt should be re-
solved IN favor ~ the defendant.
Mr., pair0wp'charged the Iniopcn-
dcnco depot explosion directly % X
9. Sterling, the detective Of the Mine
owners association Three undisput-
ed witnesses. he declared, had told of
seeing Orchard "sneak" Into Sterlingg
room at night on at least Is oGrnalOns
The explosion was n part OF the
conspiracy, the attorney asserted. OF
Tho men who were engaged IA the
laudAble occupation Of driving our
every man who had ever shown any
sympathy with the Western Fedora
ton ~ Miners, tho men who dehed
sherlffs and courts ana sot theme
selves up ms the only competent
judges"
Sterling sat in tho courtroom for
=