Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-07-20
BARROW sPRANG INTO ACTION
White to the Lips, He Shouted:
"The Statement is False and
Counsel Knows It,"
10 Which Hawley Replied: when
Counsel Says That lie U,tcrs
Deliberate Falschood"

bplse. july zV,--COntnutng ms ar
gpment and analysts of the evidence in
the Haywood case today. j. II. Hawley
took up the Orchard story of his eS-
pcriences and criminal record in Colo
RADIO his trip TO Wyoming and the at
tempt on the life OF Fred Bradley OF
san Francisco.
With the utmost elaboration the
leading counsel for the state charged
wilful perjury against several wit
nesses. He argued the truth of Or
cbard's story and said that two men
IN particular might have been brought
to contradict him, but that the de-
Tense was afraid to produce either Pet
ttbone, or Adams and he said Adams
had been brought to Boise from Jail in
Shoshone county in order that the de-
Tense might use him as a witness.
White to the lips, Clarence Rarrow
sprang into action.
The statement is false and counsel
knows IT. he shouted.
Hawley took a step closer to the de-
Tense table and shaking his finger close
TO Darrow's face said when counsel
says that he utters deliberate false
hood"
The atmosphere was charged with
hthh6Ni' oIltHHl IipuBlNS looked I'D
alert ana his deputy drew closer In,
but Judge Wood. with a sharp COM
mand and insistent warming patched
up temporary peace.
Mr.. Hawley's argument this morning
was lacking In all attempts at oratory
II was dispassionate review OF the
evidence with bold denunciatlon of the
method of counsel and testimony OF
witnesses for the defense.
II Aurr rvs kr,rr~nFuN,rr
Continuing today the opening argu-
ment for the state in the case OF WA
liam ID. Haywood which after two
months and half OF hearing, Is about
10 be submitted TO the jury, James IL.
Hawley, chief prosecutor. first devot-
ed his attention to the alleged attempt
10 wreck train on the Florence az
Cripple Creek railroad. This was one
OF the Incidents OF the Colorado labor
troubles testified TO by Harry Orchard.
This matter came out In Orchards
testimony said Mr.. Hawley, hut II
was absolutely imIna terlal to the issue
here involved But the defense has
taken this incident and has tried to
build up out of 1t conspiracy on the
part of the mine owners against the
Western Federation of Miners. Or
chard admitted that he had reported
the alleged attempt to detectives IN
the employ of the railroad and the
Mine owners association. The de-
Tense has brought two women Witness
es here to testify that they saw Or
chard In one of the detectives room
on many occasions These women saw
this man but casually over four years
ago, but they come here and swear
positively as to Orchards identity and
to the number of his visits. Such evil
dence as that speaks for itself.
ORCHARD AFTER MONEY.
Orchard undoubtedly was trying to
secure money from all the sources no
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.
am not here to paint Harry Orchard
In anything but his true colors. There
is but ono claim we make for him and
that is that he has told you the truth.
This fact has been indeibly fixed by all
the circumstances In this case
Mr. Hawley said Immediately after
the train wreeking incident Orchard
was found again IN the employ of the
federation.
Taking up the matter OF the attempt
ed assassination of Gov. Peabody, Mr.
Hawley repeated much of the testimony
Of Orchard as to the plans he and
Steve Adams laid 10 kill the governor
either by bomb or with sawed-off shot
-
oorroborated. counsel declared. Mrs.
Peabody herself taking the stand TO
testify TO one of the most important
incidents. The attorney told of GOV.
Peabodys activities IN the Colorado
troubles and declared that the strong
est motive for his taking off rested
with the Western Federation OF Miners.
No possible personal motive. said Mr..
Hawley, could be attributed 10 either
Steve Adams or Harry Orchard.
HAWLEY AND BARROW AT ODDS.
While arguing this incident Mr.. Haw-
Icy soon precipitated an exciting bat
lie of words with Clarence barrow OF
the defense, IN which 'untruth" and
deliberate falsehood' were freely used
on both sides.
IT. said Hawley there was
word OF untruth In Orchards testi-
mony as TO the attempts on Gov. Pea
body, who OF all men was the best
witness 10 testify2 man who IL
now IN the basement OF this building,
a man who stood IN the esteem OF the
leaders OF The Western Federation or
Miners second only 10 Orchard-Steve
Adams. The prosecution brought this
man to Boise SO he could be used by
the defense II Il 80 desired---"
POLITE LIE PASSED.
II object to that" shouted Mir. Dnr-
row, jumping 10 his feet, 1T Is an
absolute uniiuth az counsel well
Knows and there Is no such record IN
this case"
III you say that what ! have stated
Is an untruth." replied Hawley IN
anger, you utter a deliberate false
hood
Mr.. Darrow renewed his objection.
and then Judge Wood took a hand. He
said he would lntruct the jury TO dis
regard all statements made by counsel
not borne out by the evidence. Oar
row urged that counsel be prevented
from making any statement IN regard
10 steve Adams,
~ object 10 his saying he brought
this man here For u.s. he continued.
Your honor said Hawle'' ~ YOU
have ruled ask that AIr. barrow be
instructed 10 81 down"
II object" said Darrow.
IT Il the CALLED Jade thar wlnces.n
tainted HaWey.
Then vince shouted the opposing
attorney,
"oh, no Eentlemeu nave not