The sun. [volume] (New York [N.Y.]) 1833-1916, 1907-07-19
ARGUING HAYWOOD EVIDENCE
JURY GOES OUT TO LET LAWYERS
DISCUSS ADMISSIBILITY
or Tn e Great Mass OF Testimony offered with
Regard to Conditions I'm Colorado Min
lng Region Before and During Labor
a Real Arguments Begin To-day.

'ss
Ing Region Before and During Labor
wsr-Real Arguments Begin To-day.
BOISE. July ls.-There was a long argu-
ment to-day in the Haywood murder trial.
with the jury out Of the court room.
IL was all about the exclusion or admis-
sion to the jury's consideration Of the evil
dence adduced by the defence dealing with
the conditions OF violence in Colorado. the
riots and the raids that we're made by the
miners on the mine owners property and
by the mine owners and other citizens on
the property Of the miners.
Judge Wood had indicated that there
was in his mind much doubt whether this
evidence should not be stricken from the
record and the jury instructed not to
consider IL and the argument was for the
purpose Of resolving that doubt or con-
irming IL.
barrow and Richardson did the talking
for the defence, while Senator Borah was
the only man on the job for the State.
Hawley being in seclusion with his thoughts
in preparation for the opening argument
which he will make before the jury to-
morrow morning.
barrow opened fire after Judge Wood
had said that his doubts also extended to
Inc cNlutuCt lutTOuuCtu Dy Inc ueIenCe 10
establish the evidence of a conspiracy
against the union miners by the mine
owners and the Pinkertons. The Chicago
lawyer devoted most Of his attenti on to this
branch of the case. He talked all the
morning. Borah took up the task after
luncheon and Ri ,hardson shivered every
body's timbers for an hour or so after that.
When it was over Judge Wood said he would
~sxVa he N-sAs~z ~- ~ -.
morning.
Darrow began by saying that it was not
commended 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
indicated a counter conspiracy was the fact
that all the testimony hat had been brought
by the State had been procured by the
work of the Pink ertons
He then said that all evidence to show
that Haywood had nothing to do with the
Bradley explosion. the indicator affair.
the Independence depot explosion or any
other crimes charged to Haywood by
Orchard was perfectly competent and that
IL IL we're not, why there was no such thing
as competent testimony.
He declared that the defence had shown
that the attempt TO wreck a Florence and
Cripple Creek railroad train never took
place but was a plot on the part Of the mine
owners to discredit the union miners. He
called attention 10 the defence's witnesses
who testified TO seeing Orchard in Sterling's
room several times before the Independence
station was blown up, added a reference TO
the testimony showing that Sterling had
stopped the search for the guilty parties
in that affair by saying that 10 was Steve
Adams who had done Il and alleged tina
this surely was evidence tending to show |
a conspiracy against the union miners.
He said il had been proved that the Pink
ertons had men in the union who were
netting violence, and that evidence, he
thought. ought also to go 10 the jury.
Mr.. barrow poured out a first class line
Of epithets on the heads Of Orchard and
the two detectives. Scott and Sterling. |
Between them. according TO Mr.. barrow,
they were vernin and lice and their habitat
was slime. IL was in fact quite az much
an address to the jury. though the jury
was absent. as an argument Of points Of
law and the character OF evidence.
Senator Borah retorted that IL there were
detectives 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 hat II they
had become violent enough they might
even have risen TO become president of the
Western Federation Of Miners.
The Senator went on TO point out the fact
that the defence made no claim that the
mine owners ana the PnkertOna had any
connection with any conspiracy TO blow up
the indicator mine, to kill Fred Bradley
or Steunenberg or Gov. Peabody or Judge
Goddard or Judge Gabbert The defence's
counter conspiracy claim related entirely
to the train wrecking and the Independence
depot explosion. And az TO both Of these
there was nc claim advanced that the Pink
ertons were in any way connected with
them. In fact no contention was made
that the Pinkertons had anything to dc
with the commission Of any specific crime, /
but that they merely went around urging
the miners to violence in a general way.
Az for the Independence depot case the
contention was made that Orchard had
been seen with Sterling. the MINI Owners
Association detective. several times two
or three months before the explosion. After
the explosion Sterling, according TO one
witness. had said that he knew Steve Adams
had committed the crime. From this il was
that a conspiracy had been made
out. IL had not been testified by a single
witness that any single specific crime had
been committed az a result OF any conspir-
acy on the part Of the mine owners or the
Pinkertons or the Citizens Alliance.
Richardson's argument was for the most
part on strictly legal lines. All three Of the
lawyers quoted at length from various
authorities Should the Court rule out the
evidence under discussion IL IN estimated
that his action will eliminate about 2s. OOO.-
900 words from the closing arguments Of
counsel.