Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-07-20

court and argued by counsel" said
Judge Wood. involves the materlality
of evidence introduced by the defense
showing a long series of deportations
of miners and other persons and other
acts of viol1lce Involving the dcstruc-
ton of property belonging to the West
ern Federation OF Miners or certain
local unions thereof; also as TO the
nsateriality of other evidence intro
duced by the defense showing that the
Pinkcrton detective agency had placed
its detectives In various local unions OF
said federation of miners. The court
suggested the immateriaity OF this evil
denee before the conclusion of the
states rebuttal and advised counsel
that argument would be invited there
on before the instructions of the court
wero settled. This testimony was ali
admitted upon the promise and az
suitlnce of counsel that the proper con-
nection would be made showing that
some at least of the various acts of vio-
lence testified TO by the witness Or
chard were either not commit
ted by the witness, Orchard. OF
II committed by him some 9th.
er person or persons procured him
TO commit such acts of violence, either
of which defenses were proper and le-
Ultimate. II any evidence could be Sc
cured tending to establish such defense.
was introduced by sthe defense even
pointing TO or indicating that the acts
of violence testified to by Orchard. If
actually committed by anyone, were
committed by. any other person or per-
sons than as testified to by the last
named witness.
Neither Is there any evidence tend
Ing TO point to or from which 1t might
be inferred that any individual or any
combination of persons procured any
other person to commit said acts of vio-
lence, II they were committed, than az
testified to by said Witness At the
farthest the testimony introduced could
only furnish motive perhaps for
someone else to commit or procure the
commission of the various acts OF vio-
lence involved which were testified to
In behalf of the state.
But IL is clear that the motive alone
In a third person to commit an offense
for which a party is being tried is not
admissible In the absence of the other
testimony IN some way connecting or
pointing to such third person as the
guilty party. The witness Orchard has
testified infinitely and in detail to the
circumstances involving the Vindicator
explosion, the explosion at the INDIE
pendence depot and other acts, and at
tempted acts of violence in the city of
Denver.
AS TO DEPORTATIONS
THE testimony introduced by the de-
Tense in relation to deportations, the
destroying OF property belonging to the
local unions OF the Western Federation
OF Miners and the various conflicts be-
tween the union miners and their SYM
pathlzers and the Mine Owners assoc
citation and the militia and the various
citizens' alliances, does not point to
any one, or even indicate that any par
tcular person either committed the acts
of violence. And in the absence of such
connecting evidence the court feels
compelled 10 take this evidence from
the jury and instruct them totally to
Disregard II IN arriving at their YER
dict, The action of the coart in this
matter Is perhaps an unpleasant duty,
but IL rs responsibility that the court
has no right TO shift from itself. 10
the Jury, when called upon for final
consideration of this ease.
Counsel for the defense urges that II
this testimony is withdrawn from the
jury all evidence involving the Vindica-
tor explosion the Independence depot
explosion ana other acts Of violence and
attempted acts Of violence In the stnto
OF Colorado testified TO by the witness
Orchard should be Withdrawn from the
jury. This evidence the court has no
power TO withdraw from the jury un-
less upon the theory that the witness
Orchard being an aceomplicc and co.
conspirator, his testimony In relation