The evening star and Newark advertiser., 1907-07-17

TRIAL NEAR
THE FINISH



minor argument. Judge Wood is al
J most uniformly good-humored, how
! ever, and this prevents serious clash
| by turning the laugh on counsel.
| On the opening of court this morn
| ing Attorney Richardson notified the
State that the defense desired three of
the States witnesses to remain in town.
Judge Wood announced that prior to
the opening of argument he would no.
tify counsel as to the main points in
tho evidence of which he would in
struct the jury.
Clarence Darrow for the defense an
, nounced the surrebuttal for the de-
fense would be very short.
Judge Wood said that while he would not
limit the attorneys in the arguments. he
probably would increase the court hours
so as to get through ms quickly as possible.
The lawyers were inclined to protest
against this, Mr.. Hawley. for the State.
announcing that he had been anything but
well during the past few days. He said he
might have to abandon temporarily tho
examination of witnesses If he felt no bet
ter. The mntter of arranging the hours for
argument was finally left in allegiance.
O. M. Sackett. of Telluride ,Coo for
fifteen years an employee of the Smuggle
Union mine. was the first witness of the
day. He told his personal experiences in
the big riot at the Smuggler Union mine In
1901, when he said that he and several
other employees of the mine were COM
PEELED to run perfect hail of bullets in
order to get to the mine
"Who was the head Of the union at Tel
lurde at that time?" asked Mr. Hawley
Vincent St. john
The witness next told of negotiations
with Mr.. ST. John TO have the firing
stopped and reaching an agreement with
him.
The defense objected TO several of Mr..
Hawleys questions and Judge Wood sus-
tanned them.
II will say" said Judge Wood, Sig
nihcantly, that the court regards as very
doubtful the materlality of the testimony
the State is trying to rebut."
Mr. Hawley said he thought TINT. MS the
defense had been allowed to go into the
matter of deportations, etc. from Cripple
Creek and Telluride, the State should be
allowed to make showing on rebuttal
'The court will not allow you to go into
details" said Judge Wood
"In that case replied Mr.. Hawley, IT
viii assume what the court s Instructions
will be as TO this testimony"
"We will see MS to that when we come
to IT," chimed in Darrow.
The witness was allowed to state that
as result OF the negotiations he had
with st. John. an agreement between Ed
gar A. Collins, assistant manager Of the
mine and ST. John. of the union, was
drawn up and signed The agreement,
when offered in evidence was objected
to by the defense Judge Wood, after
considering the matter for some little
time. decided to admit the paper, and it
proved probably one Of the most interest
ing and important exhibits OF the trial.
II was dated July 3, 1901, and In 1t the
miners union agreed to refrain from vio-
lence" for three days. The agreement
was In part as follows:
1T is hereby agreed between the Miners
Union by v ST. John, president, and the
Smugger Union NJ. S. Company. by Edgar
A. Collins, assistant manager. that all
work on said mine shall cease for period
of three days ending Friday. and that said
Miners Union will refrain from violence
us to the person aud property for the
same period. The said Smuggler Union
mine may employ four guards during the
period"
The witness then told of the killing of
Arthur Collins superintendent of the mine;
the disappearance of several miners In the
district and various disorders. He said
the men were afraid to work, that many
of these were shot at on their way to the
mines.