Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1907-06-20
SPEND TINE IN ARGUMENT
Attorneys Discuss Value of Miners
Magazine as Evidence.
SEEK TO BIND HAYWOOD BY IT
Richardson Admits Some OF Articles
Were Intemperate - Called
Them Merely Newspaper
Abuse.

Them Merely Newspaper
Abuse.
BOISE. June 19.-The entire morning ses-
sion of the Steunenberg murder trial was
consumed in hearing arguments on the ad
instability as evidence of the editorial ut
terances of the Miners Magazine, official
organ of the Western Federation OF Miners,
as to Frank steunenberg and others con-
nected with the labor troubles of the miners.
On both sides the argument was based on
the Chicago anarchist cases. the defense
contending that by no construction could
the authority in that case be made a guide
here and the state that 1t covered the very
propositions involved here
Judge Wood took the articles for examina-
! tion and adjourned the trial at II o'clock
and promised to rule at o'clock in the
afternoon.
Senator Borah commenced the days pro-
ceedngs by Offering and specifically nam
| ing the articles in the various numbers of
the miners magazine which he offered as
evidence. To the Introduction of each ex-
hibit the defense made general objection
and stated that they would present specific
objection to each. The general objection
was that the evidence failed to connect the
defendant with the murder OF Steunenberg.
The naming and describing of the articles
in the magazine took nearly half an hour.
The articles themselves will be read to
the Jury later II the court admits them
as evidence.
Ordinary Newspaper Abuse.
E. f. Richardson presented the argument
for the defense against the admission of
the magazine articles as evidence He
fafr hat nfVa hxrN
state failed to show that the defendant
had through these articles, contributed
anything that might lead to the murder
of Governor Steunenberg. He admitted
that some OF the articles were Incorporate
in tone, but were nothing more than ordi-
nary newspaper abuse.
| Mr. Richardson quoted from the record of
the case of Spies against the people and
the ruling as to the admission of news
| paper articles. In the case of the Miners
| Magazine, he said. the articles did not
compare in tone with the violence of the
articles in the Spies case. Richardson read
at length from the evidence in the Spies
case, the letters from Herr Most to Spies
and other violent matter published at the
time.
Use of Force CounseIed.
| Throughout these letters and other mat
! ter force, dynamite, murder and wholesale
revolution was counseled. Mr.. Richardson
pointed out that these letters were printed
in anarchist newspapers published by the
defendants in the famous anarchist trials
resulting in conviction and execution,
Reads Anarchists, writings.
Mr.. Richardson's reading of the anarch-
lists revoluntionary writings In the eight
cases. created sensation. He gave de-
clamatory emphasis to the fearful advice
| looking to the wholesale destruction of all
vino stood on the side of law and order. 1t
was a page from the criminal history of
this country unread by a majority OF those
present in the court room and the extrem-
! fly OF the language used by Johann Most in
writing to Spies and the defendants
themselves in their editorials was com
pared. The avowed purpose of Richard
sons exhaustive quotation from the news
paper publications in the anarchist case
was to show the tamely abusive character
of evidence offered by the state in. the
Miners Magazine.
! Continuing his argument, Mr.. Richardson
said that. In none of the articles in the
Miners Magazine was there direct or i'm
| piled connection with the murder of Gov
ernor Steunenberg. He admitted Hay
woods prejudice against Steunenberg be.
cause of his course In Idaho but he pointed
| out that items of thousands and hundreds
! OF thousands of people In this country
condemned or approved the course adopted
by Steunenberg and that those who con-
demned should not be held responsible for
the governors murder.
Borah on Part of state.
Senator Borah argued for the state that
the Miners Magazine should be admitted
because II showed the enmity OF an organ
ization Of which the defendant, Haywood,
! and other defendants were the officers. He
pointed out that the state did not offer
| the articles as evidence, relying on them
TO prove their. charge of murder. but in
order TO help the jury in determining,
among the circumstances, what was the
animus Of the Western Federation OF Min
ers of which Haywood is the secretary
and treasurer and the Miners Magazine as
| the Official organ.
Senator Borah, with quoting from the
! articles, said that these articles did advo-
cate force and that they advised the mem
! bers of the organisation to arm themselves
with rifles He maintained that II the evil
! dence Of newspaper articles was admitted
in the Spies case, the evidence of articles
| IN the Miners Magazine should be ad-
mitted because in both caees-in the pres
ent case in no less than in the case tried
twenty years ago-snimus was shown and
violence advocated.
! Richardson closed the argument. He as
! serted that in no word contained In the
! Miners Magazine was there an advocacy
| Of the use OF arms except in some for self
defense. a right allowed TO every citizen
| and he forcefully argued that criticism OF
! political opponent not be construed as
an evidence Of murderous intent.
Judge Wood asked for a schedule OF the
exhibit and said that he would take the
question OF the admissibility OF the evi-
dence under advisement and would, II pos
] sible, render decision at o'clock.
! Court adjourned at II a. m. Judge Wood
said that unless the state had other W.T.
nesses he would not continue the case until
ne had reached decision on the very i'm
portant matter presented this morning.
Senator Borah said that the remaining evil
dence depended largely on the admission
OF the magazine articles. This necessitated
an early adjournment.
C0IIRT INSTRUICTS VERDICT