The Washington herald., 1907-07-19

Boise, Idaho, July ls.-This was a day
OF long argument in the Haywood muir
Ger trial. With the jury out Of the court
room. Il was all about the exclusion or
admission to the jury's consideration Of
the evidence adduced by the defense
dealing with the conditions Of violence
IN Colorado. the riots. and the raids that
were made by the miners on the mine
owners property and ty the mine owners
and other citizens on the property Of the
miners.
Judge Wood had indicated that there
was. in his mind, considerable doubt as
TO whether this evidence should not be
stricken from the record and the jury
instructed not 10 consider II, and the
argument was for the purpose Of re-
solving that doubt or confirming it.
Darrow and Richardson did the talking
for the defense, and Senator Borah ar
gued for the State, Hawley being in Sc
clusion. in preparation for the opening
argument, which hS viii make before the
jury tomorrow morning
Darrow opened fire after Judge Wood
had said that his doubts also extended
10 the evidence introduced by the de-
tense TO establish the evidence of con-
spiracy against the union miners by the
mine owners and the PinkeTtons The
Chicago lawyer devoted most Of his at
teation 10 this branch OF the case. He
talked all the morning BOrah took up
the task after luncheon, and Richardson
shivered everybody's timbers for an hour
or so after that. When it was over, Judge
Wood said that he would give his opinion
on the point tomorrow morning
Darrow began by asking if it was con-
tended that anything that happened in
the Federation could be connected with
Haywood before the latter became an
officer of the Federation. He went on 10
declare that part Of the evidence that in
dicated a counter-conspiraCy was the fact
that all the testimony that had been
brought by the State had been procured
by the work OF the Pinkertons. There is
10 evidence in the case TO back up this
statement
BInmeS the Operators.
He then contended that all evidence TO
show that Haywood had nothing TO do
with the Bradley explosion. the Vindica-
tor affair, the Independence depot explo-
sion. OF any other crimes charged to
Haywood by Orchard was perfectly COM
petent, and that If it were not, there was
no such thing as competent testimony.
He declared that the defense had shown
that the attempt 10 wreck a Florence and
Cripple Creek Railroad train never took
place, but was a plot on the part of mine
owners 10 discredit the union miners. He
called attention. to the defense's wit
nesses who testified 10 seeing Orchard in
Sterling's room several times before the
Independence station was blown up, add
ed a reference 10 the testimony showing
that Sterling had stopped the search for
the guilty parties in that affair by saying
that il was Steve Adams who had done
IT, and alleged that this surely was evi-
dence tending TO show a conspiracy
against the union miners. He said IL had
been proved that the Pinkertons had men
In the union who were melting violence,
and that evidence ought also 10 go TO the
jury.
Darrow poured out a first-class line of
Detectives Scott and Sterling. Senator
Borah retorted that if there We're de-
tectives who were employed TO join the
unions and who then advocated murder.
the more violence they urged the higher
they got in the union. He added that if
they had become violent enough they
might even have risen to become presi-
dent Of the Western Federation OF
Miners The Senator went on 10 point
out that the defense made no claim that
the mine-owners and the Psnkertons had
any connection with any conspiracy TO
blow up the Vindicator Mine, to kill
Fred Bradley, or Steunenberg, or Gov.
Peabody, OF Judge Goddard, OF Judge
Gabbert The defense's cOunter-couspir-
acy claim related entirely to the train
wrecliiug and the Independence depot
explosion. and as to both of these there
was no claim advanced that the Pinker-
tons We're in any way connected there
with.
Position of the PinkertOns.
In fact. no contention was made that
the Pinkertons had anything to do with
the commission Of any specific crime. but
that they merely went around urging
the miners 10 violence in a general way.
As for the Independence depot case,
the contention was made that Orchard
had been seen with Sterling. the mine
owners association detective. several
times, two or three months before the
explosion.
After the explosion, Sterling, according
l. one witness. had said that he knew
Steve Adams committed the crime. From
this it was argued that a conspiracy had
been made out II had not been testified
10 by a single witness that any single
specific crime had been committed as a
result of any conspiracy on the part Of
the mine owners, the Pinkertons. or the
Citizens Alliance.
richardson's argument was, for the
most part, on strictly legal lines. All
three lawyers quoted al length from va
Tious authorities
Should tie judge rule out the evidence
under discussion to-day it Is estimated
that his action viii eliminate thousands
Of words from the closing arguments of
counsel.
The defense rested its case this morn
ing, and the final argument will begin to-
morrow morning Hawley opening for the
state, TO talk probably all day. Darrow
announced to-day Tat he would probably
not call any witnesses in sur-rcbuttal
but II he did call any later it would be
for about half an hours testimony.
PEASANTS MASSACRE JEWS.
y Hru-. Il