The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-06-05

Tilt Between Attorneys.
Again Attorney barrow was on his
feet. Directing to the states address and
denouncing it as a mere piece of rhet-
oric.'
Mr.. Darrow vehementIy protested that
Mr.. Hawley's remarks were thrown in
solely fer the purpose of prejudicing the
jury.
1T is nothing of the sort" retorted
Hawley: 'ft is part of the evidence and
basis Of this case"
The court will not permit an argu-
ment," said Judge Wood, but the at
torney may proceed with statement of
the states case
Il know what 1 am about" said Haw-
two counsel tables.
ut doesn't look like it," declared Oar
row.
Quick as a flash he turned upon his op-
ponent and with anger bristling in his
voice, shouted:
II don't care what it looks like to you.
I am not running this case according to
your ideas, thank God, and l don't pro-
pose to stand for these constant inter-
ruptions."
Il would like to suggest to the court, q"
said Mr.. barrow, that / have no de-
sire to cal counsel to task"
Il object to any suggestions to the
court from counsel Hawley shouted.
''oh. don't be so particular" called Oar
Don't you be so particular about in
terrupting me-" retorted Hawley.
Il will interrupt at any time the in
terests of my client demand it." said
Darrow. IF the attorney will be calm
for a minute / want to make arrange
ments to except to the statement and 1
want to cooperate for an orderly trial. :
we will meet you half way on that,
said Hawley.
Now said barrow to the court, I'VE
insist that the state has no right to make
proof in this trial to all of the allegs-
tons of disorderly or unlawful acts of
the Western Federation of Miners which
has extended all over the western coun-
try. We are not trying anyone here but
W. ID. Haywood and the charge is the
murder of former Governor Steunenberg. :"
THE court" said Judge Wood, cant
tell whether the prosecution will be al
lowed TO make such proof or not until the
time comes"
1t was finally agreed that the whole of
the address should be considered as ex-
cepted to by the defense.
Emergency Fund for Murderers.
Mr.. Hawley, resuming, declared that .he
inner circle of the Western Federation
of Miners had traded in blood, had hired
assaS>inS as its needs seemed to require
and had raised by assessment from time
to time an emergency fund from which
were sQuandered large sums for personal
uses and for the retention of the best le-
who were accused of crime.
The killing Of Steunenberg," contin-
ued nawiey, was not the primary object
of the main conspiracy. but was merely
incidental to it,
The speaker then passed to the killing
of Steunenberg. He graphically described
the scene at Caldwell when Steunenberg
returning TO his home, was killed by a
bomb. He told OF the hue and cry raised
by the explosion and the suspicion direct
ed to Orchard.
cit was evident at once" he said, that
something more than private vengeance
berg"
Orchards Movements.
Continuing he traced Orchards move
ments in Caldwell and his appearance in
company with John L. Simpkins was
shown. He told of the arrest of Or
chard and the unsolicited services of At
torney Fred Miller of Spokane. He said
that the state would show that an un-
signed letter received by Orchard was
written by George A. Pettibone.
The speaker then told of the confession
of Orchard to James Mcfarland. I'VE
will call this gentleman TO the stand
but was interrupted.
(Which gentleman asked Mr.. barrow
You may think those remarks are very
cunning" retorted Hawley, but they are
out of place here and if you keep them up
you will be repaid in kind
II merely asked which gentleman he
meant" appealed Mr.. barrow to the
court.
Il referred to Mr. James Mcfarland"
shouted Mr.. HaWley, the terror to evil
doors in this western country, a man
whose presence is a guarantee of good
order. You have probably encountered
him before in defending your clients
Mr.. barrow was still on his feet evil
IDENTIFY DESTROYS of answering. but the
court told him there was nothing before
the court. to sit down and then directed
Mr.. Hawley to proceed.
Mr.. Hawley said the state would place
Orchard on the stand and would show by
all the witnesses, including Orchard, that