Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1907-06-21
ACCEPTS MAGAZINE ARTICLES
Judge Woods Permits Writings to
Become Evidence.
SHOWS ANMUs OF FEDERATION
only Those Publications Bearing on
Chief objects of Miners At
tncks Allowed TO BE Read
to the Jury.

BOISE, Idaho, June 2O.-The articles de-
mandatory Of Frank steunenberg and other
figures of the labor wars OF Idaho and
Colorado published in the Miners Magazine
we're this morning read TO the jury that is
trying William Haywood for murder.
Judge Wood permitted the introduction Of
almost all of the articles offered by the
state, as showing the anmus toward
steunenberg OF Haywood and the other
leaders Of the Western Federation OF
Miners, and excluded all Of the articles
published after steunenberg was killed.
The most important Of the articles read
to the jury by Senator Borah was entitled
"The Passing OF steunenberg." It appears
in the magazine issued for January, 1901.
1t begins:
ON the 10th day OF January, 1901, Frank
Steunenberg of Idaho will sink into OBJ
security from public view, where he shall
forever lie buried, damned for the outrages
he committed upon the workingrnen of the
months.
Continuing. It says:
Four years ago. when the president Of the
Western Federation of Miners helped TO
make this monstrosity governor OF Idaho,
he said he did not have $40 in cash, but
four years later. in 1900, he was able to
spend 1900 to manipulate the democratic
state convention.
Reference to SteunenberE.
In conclusion the article says:
When men and women will bless the
name of Paul Corcoran. the model hus-
filthy reptile, Steunenberg's name will be
uttered with loathing. Farewell, Steunen-
berg, once governor Of Idaho. Your polt-
ical career Is ended. You have done every
thing In your power to send the men who
made you governor to the penitentary,
and, worse than all, you stand before the
n A1 hnfn
gressonal investigating commission. But
your, cheek has long since lost the blush
never anneal to your manhood for such
you never possessed. Your sole ambition
was money which in your estimation was
upon your political tombstone shall be in
scribed the indelible words. Here lies a
hireling and a traitor"
In ruling Judge Woots said the court was
thoroughly satisfied as to the admlsslbillty
Of the articles appearing in the magazine.
showing the animus OF the Western Fed
GRAFTON Of Miners during the period of the
commission OF the series of crimes con-
fessed by Orchard and alleged by him to
have been melted by officers of the West
ern Federation of Miners Articles ap-
pearing after that period, the court said
would not be admitted.
The jury was not brought into court this
morning until after Judge Wood had
handed down his opinion as to the admis-
sibility OF certain articles from the Miners
Magazine, as showing the anlmus of the
controlling officers OF the Western Fed
GRAFTON of Miners toward Former Governor
Steunenberg and others. Judge Wool said
he had decided that many OF the articles
should be accepted These were the ones
printed prior to the death OF Governor
Steunenberg. As to articles subsequent to
that date the court declared IT had some
doubt and would resolve that doubt in
favor OF the defendant
Different from Anarchists' Case.
THE evidence in the case on trial" said
Judge Wood. shows considerable differ
ence to the case cited yesterday by counsel
for the defense apd generally known as
the anarchists case. In that instance the
state relied upon a chain OF circumstances,
and many OF the publications there admit
| ted were published by the defendants
themselves, and were assailed for the spe-
cifc purpose OF showing the intention OF
! the defendants to commit the prime
charged and their anmus toward the police.
I'm the case on trial the evidence of the
state purports to come in part from one OF
/ the parties OF the defense That witness
| has stated that not only has he committed
the crime herein charged, but several 9TH
that the crimes were committed at the in
stance OF this defendant and other dfeend-
ants said to be the managing officers OF the
Western Federation of Miners.
THE magazine offered in evidence appears
TO have been under the control of these
officers. The court is convinced that after
showing the attitude Of the organization and
the attitude OF the managing officers, their
animus and feeling toward those against
whom the crimes were committed or at
tempted. certain OF the publications cited
by the state are admissible.
Articles Admitted.
! This court will admit the articles bear
ing on former Governor Steunenberg, Gov
ernor Peabody, Judge Gabbert and several
others. As to the articles following the
commission Of any crime the court has
| some doubt and will resolve that doubt In
favor OF the defendant"
ITO which ruling" interposed Attorney
Richardson, I'VE desire to preserve an ex-
| ception"
"It will be noted" said the court.
"And would also like the ruling to state
It desires from the magazine" added At
torney Darrow.
"The court will pass on that when It
comes TO it," said Judge Wood.
i
| Senator Borah then read from a copy OF
( the first issue OF the magazine the article
written by Ed BOyce, in which he outlined
the policy OF the magazine as prosposing to
stand for the interest of the Western FEEDER
alton OF Miners and IN general way for
the laboring masses against the predatory
| classes.
Tho second exhibit. letter from Eugene
Debs and published IN the issues Of
February l, was also read by Senator
Borah. In the article Debs greeted the
| magazine and paid a tribute to the an
nouncement OF its policy by Boyce. He
went on TO denounce Governor steunenberg
and the officials OF Idaho in the severest
/ terms as "whelps who should go back 10
their native hell and government landlord
4 ism"
Various Comments on Governor.
| Senator Borah also read from the Issue
I,F -