The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-07-19
Equal Latitude Claimed.


| testimony given as to conditions and de-
pOrtations in Colorado. Mr.. barrow held
that the defense should be allowed equal
latitude with the state.
"A man defending his life" he ex-
claimed, should have even wider lati-
tude than is given to those who ar
seeking to send him to his death -
claim the crimes charged agai1st tI,
wood, Meyer and Pettibone BerS ,.c,, nay
ted by others and we mVs~tt e e, coIliil
show evidence, conditjGnS ond ~ -
stances which tend 70 sbi hear ne ont XII
81 49, a. docF.ers did-the deportation
ding Of me- eS fiance of law. the forbid
1iieSe Merchants to sell food and sup
80 10 the families of the men driven
, out of the district-ail that they did in
furtherance of their criminal conspiracy
to destroy the Western Federation of
Miners. is competent testimony, and 1t
should be, lett to the jury to determine
its value"
As to the Pinkerton detectives who
were placed in the various local unions.
Mr.. Darrow said the jury should be al
lowed to take their acts into considera-
ton.
Pinkertons Called "Vermin."
They should not be charged UP to the
union. these men who melted to acts of
| violence. and the union should not be
| held wholly responsible for them They
were on the payroll of the Pinkertons
| these miserable agents who made incen-
| diary speeches.; are we going TO convict
VermlH, who have even invaded this
| court house and tried to get upon the
witness stand as our witnesses.
The jury should have all the facts
| that this case has developed We OBJ
/ Jected to the state going to Colorado
| to convict these men of crime in Idaho
| tails. but the state was allowed to place
| before the jury every jOt and title. every
! Isolated circumstance, every bit of testi-
mony that could in any way tend to cor
| rnh 70 -fo
| ard. Are they to be allowed to show
every fact which might connect these de-
| PENDANTS with any responsibility. and we
| to be denied the right to present contra
| dictory facts in order that the iurv NAV
| determine for itself who was guilty and
who was responsible Let the twelve men
weigh the evidence. We shall rest CON
/ When Mr., barrow concluded recess
vas taken until 1:S0 p. m, when Senator
Borah will reply for the state.
Address of Mr.. Borah.
/ Senator Borah began his address in re-
| ply to Mr.. barrow at 1:4J o. m He said
| that counsel for the defense in his opcn-
| ing ADDRESS to the jury claimed that a
| conspiracy existed between the PinLar-
/ ton detectives, the Mine Owners associa-
/ ton and the Citizens Alliance TO drive
| the Western Federation of Miners ont nj
Colorado, and that many of the crimes
/ charged to the Western Federation of MI
ners were in fact committed as incidents
of the conspiracy to get rid of the union
| miners.
But when we come to sift the matter
out, continued Senator Borah, what dc
! we find2 That the conspiracy had moth
| ing to do with the Vindicator explosion
where Beck and Mccormick were killed
| That was an accident The CONSPIRACY
had nothing to do with the attempt or
Bradley. That was a gas explosion The
conspiracy had nothing to do with the
death of Steunenberg. That was the per.
sonal revenge of Harry Orchard. The
conspiracy had nothing to do with the
death of Lyle Gregory. That was the re-
! suit of personal difficulties The con.
spiracy had nothing to do with the at
temPts on Justice Gabbert and Governor
| Peabody. They were the results of polit
/ ical feeling.
Conspiracy Not Proved.
Suppose we admit for the sake of ar.
gUment that a conspiracy existed thai
| fact has not been shown here by am
competent evidence under any rule of law
| ] am not going to argue this case on tn.
lines laid down by Mr. DarroW, that they
| have not the right to prove a counter con
| Spiracy-I am not going to oppose the
principle that they have a right to prov,
it-but what I contend is that they hav,
| not proved ii. Let them put some membe,
| that the conspiracy is responsible for tn,
crimes complained Of Testimony as to
| conspiracy must come at first hand .anC
cannot be accepted from a third party
| who knows only by hearsay."
fTnr ivsr at Ian