Albuquerque morning journal., 1907-07-20
Evidence of Defense Concern
ing the Alleged Conspiracy
Against Western Federation
Of Miners Stricken Out,
PRISONER BITTERLY
ARRAIGNED BY tiAWLEY
Defendants Denounced as the
Worst Kind Of Criminals That,
Ever Infested Any Country
Attorneys Clash,


my Morning journal Special leased Wlre.I
Boise, idaho. July 1s.-The field OF
argument both for the prosecution
and defense OF William ID. Haywood
has been limited by Judge Wood who,
in a decision handed down today, re-
moved from consideration by the jury
all evidence bearing on the alleged
conspiracy by mine owners and 9TH
ers against the Western Federation Of
Miners Judge Wood decided that the
defense Of Haywood had made no le-
gal connection OF the Mine Owners
association. the Citizens Alliance OF
Colorado and the Pinkerton Detective
agency. as laying a foundation for the
evidence introduced by the defense to
show that the charge against Hay
wood and his co-defendants IL the OUT
come of conspiracy TO exterminate
the federation.
Immediately following the an
nouncement Of this decision argument
commenced. Judge Hawley leading
counsel for the state. spoke for two
hours and fifteen minutes of the aft
ernoon session. the morning session
having been adjourned 10 enable the
judge to prepare his decision
Every seat In the court room was
occupied
Governor Frank Goodlng. ex-Goy-
ernOr Morrison and a number OF the
officers OF the state administration
we're present Haywood sat behind
his counsel. His wife, in her Invalid
chair. was placed on hts right, and
his eldest daughter sat beside her
mother Haywo0d's hnlf-nIster and
stepfather occupied seats close e the
defense.
Mr. Hawley. who has been M, COM
menced his address In a voice almost
inaudible to any one except the fury.
He apologized for this, however ex-
planning that he had feared he would
be unable owing to IN health to de-
liver a prolonged address Warming
to his subject. however, his voice lost
all trace of weakness.
He characterized the case az the
most important ever given to q Jury
in the United States" and urged the
jury to a serious consideration Of the
responsibility placed upon them. His
denunciation Of the defendant and his
cO-conspirators as the worst hand Of
criminals that ever infested any Sec
lion Of this country" was forceful and
his eulogy Of Ex-Governor Steunen-
berg eloquent In the extreme. Mr.
Hawley described Orchards story as
truthful not only because Of the man
ner In which Il was told, but because
II had been corroborated IN every inn
portant detail. Then when be found
reason for the confession II the con-
science OF the criminal stirred by
memories OF a happy boyhood IN a
vlrtuous home, there was a waver of
emotion IN the pleader's voice and
more than a suspicion Of tears among
his audience.
Counsel for the defense repeatedly
interrupted Mr.. Hawley with protests
and objects. but these only seemed TO
stir him to greater effort. Once or
twice he turned to Darrow and faced
him with a roar Of anger. another
time he said: 1T does not lie IN the
mouth OF counsel to find excuse for
these awful crimes"
Mr. Hawley concluded this after
noon with the statement that already
he had shown enough to convict. and
that any Iuryman not willing to con-
Wet on the evidence connecting the
cOnspratOrs with the blowing up OF
the Bunker Hill and Sullivan coneen-
traitor IN 1899 and the explosion az
the VlndlcatOr mine IN 1893 alone.
sought only to rid himself Of an un-
pleasant duty to his state
Mr. Hawley viii continue hla nfeu-
ment tomorrow morning when court
meets, and Will probably conclude be-
fore adjournment Judge Wood has
notified counsel for the defense that
he expects argument for then side on
Monday.
James Mcfarland. the deteellvs
whose name has been mentioned 30
frequently In connection with the ae-
curing Of evidences against the Wesl-
ern Federation Of Miners was IN tho
court room for the frst time since the
trial started. He came 20 listen e. the
arguments IN the case and attracted
lconeIderable attention.
Hawicy Is not expected q conclude
until tomorrow afternoon. The ouen-
ing address FOR the defense Will be-
made by Attorney Richardson on Mon
day morning.
Hawley Is not expected Il conclude
until tomorrow afternoon. The OPEN
ing address for the defense will be
made BY Attorney Richardson on Hon-
day morning.
40 preserve the record nlcharason
again today moved that tie iurs be
Instructed 70 return a verdict Of Hunt
guilty on the ground TINT the defends
amt Haywood had not been connected
By the evidences with the crime all
legged. The motion w0A formally made
land formally denied.
Tie court room was crowded Is the
doors when the afternoon session be-
gan at 3 o'clock. When Haywood came
IN found that Ms WIfsH invalid
chair had been placed Some dialanca
from him. lie took hold 81 Il himself
and wheeled 4 into position ImmfdI
alelx at hlH rlghI.
Judge Wood = H0o# at Hz Sod EHtrH
IflH place On the bench Ha4aN Il read
his decision aa = The exclusion aI nol