The evening star and Newark advertiser., 1907-07-20
ORCHARD TOLD
TRUTH, SAYS
HAWLEY.
Tells Jury That HaywOOd's
Guilt Is PrOVed--WOrSt
Of COnspiratOrS.

BOISE. Idaho, July 20.-The trial o.
William D. Haywood, secretary anc
treasurer of the Western Federation
of Miners, which has occupied the Dis
trict Court of Ada County for the last
ten weeks, has entered its last stage
and James H. Hawley, leading counse
for the prosecution, is now arguing te
the jury that the evidence presented
by the State proves the guilt of Hay
wood as a member, to use his owr
words. ''of the worst band Of conspira-
tors that ever infested any section OF
this country
Mr.. Hawley has characterized Orch
ards evidence as a plain story told
without effort of concealment. without
boastfulness and without fear. He
points out that a cross-examination
without parallel in the history Of GRIM
inal cases failed to alter the story In
any one particular. He maintained
that the confession of Orchard was
due to the power of divine grace"
Quoting the law of conspiracy that
every man connected by the evidence
with a conspiracy or combination must
be responsible for every act done and
every word spoken by member of the
combination. Mr.. Hawley said 1t was a
just law because otherwise any man
might preach abominable crime and
then fall back. claiming that his hands
were clean though the foulest crime
resulted from his advice. On this, he
said, is based the charge against Hay
wood, that he murdered Ex-Governor
Steunenberg and on this was based
the affidavit made by the county at
torney to secure the extradition of
Meyer. Haywood and Pettibone.
ANY statement" said Mr.. Hawley,
that counsel for the defense may
make to you charging that the extra
dition of these men was secured on
perjured affidavit is false, and done
merely for the purpose of distracting
your attention and creating prejudice
against the prosecution. We maintain
that under the plain law of conspiracy
Haywood is guilty of the murder of
Governor Steunenburg."
Mr.. Hawley has reviewed the evil
dence of the blowing up of the Bunker
Hill and Sullivan concentration at
Wardner, for which he maintains the
Western Federation of Miners, through
the acts of its officers, was responsible,
and in plain words charged wllful per-
jury against a number of witnesses
brought by the defense to contradict
Orchards story of the crime.
He repeatedly anticipated the prob
able argument of counsel for the de-
tense. which he said would be directed
towards exciting hatred against some
persons connected with the prosecu-
ton.
You WILL" he said, hear charges
brought against the murdered Gov
ernor, who did his duty, no more, no
less, when he established order in the
Coeur d'Alenes and called out soldiers
wearing the uniform of the United
States army to ensure peace"
Mr.. Hawley said that the State ex-
pected Easterly and Davis and Copley
and Haywood and Meyer to swear that
they had nothing to do with any OF
the crimes charged against them. He
said he did not blame them for per-
juring themselves when they were
charged with great crime.
Turning to Colorado, the counsel re-
ferred to the evidence Of Thomas
Moore, who swore for the defense In
their showing that the explosion at the
Vindicator mine was due to an acci-
dent. The killing of Mccormick and
the accident at the vindicator he re-
ferred to as a heinous crime, but said
more awful crime was contemplated
because the intention was to blow q
whole carload of non-union men tc
eternity without warning. Mr.. Haw-
| ley produced a plan of the mine anc
with a pointed cane showed the error;
| In Woods testimony. He brought ou'
photographs to show that the condi'
tions Wood described were non-ex'
istent and finally he showed to th'
| jury the pieces of the pistol which
Wood said Beck carried in his pocket
Mr.. Hawley pointed out that Beck'i
body was not mangled and asked how
the pistol could be so shattered int
! scrap iron and no member of the man.
body torn away.
This man Wood at first impressed
us with the idea that he was attempt
ing to tell the truth but we sent for tn
best men we could find to rebut hin
! and we produced Holman, the super
intendent of the mine and the relativ
! of Beck, who with tears In his eye
told all he knew, and when they hat
| finished we knew that Wood told a de
liberate untruth and told it for tn
purpose of assisting this defense
He maintained that in this particula
Orchards story of using the pistol I
| fire the powder must stand until i'm
peached. Throughout Mr.. Hawley'
| argument he repeatedly asked the jur
to look for a motive for Orchard
crime or a motive for any of the crime
1 other than that of revenge or de
termination on the part of the Wester
/ Fed eration of Miners to terrorize a