Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-07-17
WILL INCREASE COURT HOURS
O. M. Sackett Told OF Troubles at
Smuggler Union Mine and
Agreement With st. John.
He Was Engaged in ''Escorting" 'Un-
desirable Citizens Out of District
Law of Selr-Dcfcnsc.

Boise, Ida, July 17.--Rebuttal evil
dence In the Haywood trial will be
concluded this afternoon and as the
case now stands 1t is quite likely that
the defense will also close its case. Ar
gument may begin on Friday.
o. n. Sackett, one OF the officials OF
the Smuggler- Union mine at Telluride.
Colo. was the one witness under ex-
animation this morning. RE gave an
interesting account of the condition ex-
listing In Telluride from 1901 TO 1904, and
Leading up TO the declaration of martial
law. An interesting piece of documen-
tary evidence introduced by the state
was written agreement entered into
in 1901 between Edward Collins. man
ager of the smuggler- Union mine and
Vincent st, John president of the To-
cal union OF the Western Federation
Of Miners. Under this agreement 81.
John agreed TO stop the attacks upon
the Smuggler-Union mine and agreed
between himself and Mr.. Collins, I'M
der cross examination Sackett was un-
shaken. He justified the action of the
citizens in taking the law into their
own hands prior to the arrival of the
militia and described the conditions as
contrary to the well being OF peace
loving citizens
Boise, July 17.--On the opening OF
court this morning at Q. 30, Atty Rich
ardson notified the state that the de-
Tense desired three of the state wit
nesses to remain in town. Judge
Wood announced that prior to the
opening of argument he would notify
counsel as TO the main points in the
evidence on which he would instruct
the jury, Clarence barrow. for the
defense announced the sur-rebuttal for
The defense would be very short
LENGTH OF ARGUMENTS.
Judge Wood said that while he
would not limit the attorneys IN their
arguments, he probably would increase
the court hours SO as to yet through
as quickly az possibly The lawyers
were inclined 10 protest at 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 temporarily abandon the ex-
animation of witnesses If he felt no
better. The matter of arranging the
hours for argument was finally left in
allegiance.
o. NJ, SACKETT
o. NJ. Sackett, of Telluride, Colo, for
Is years an employee of the Smuggler-
Union mine. was the first witness of
the day He told his personal expert
ence in the big riot at the Smugger-
Union in 1901 when he said he and
several other employees of the mine
were compelled to run a perfect hail
OF bullets In order TO get to the mine.
Who was the head of the union in
Telluride at that tlme?' asked Haw-
ley.
Vincent St John"
The witness next told OF negotiat-
ing with st. John to have the firing
stopped and reaching an agreement
with him.
The defense objected to several of
Mr.. Hawley's questions and Judge
Wood sustained them.
Il will say" said Judge Wood. Sig
nificantly. that the court regards as
very doubtful the materiality OF the
testimony the state is trying TO re-
but"
Mr.. Hawley said he thought that as
the defense had been allowed to go
into the matter of deportations. ETC.
from Cripple Creek and Telluride, the
state would be allowed to make
showing on rebuttal,
''The court will not allow you to go
into detSils," said Judge Wood
In that case" replied Mr. Hawley,
II will assume what the courts instruc-
tons will be as to this testimony
1--WE viii see as to that when we
come to It," chimed in Darrow.
AGREEMENT WITH ST. JOHN.
The witness was allowed TO state that
ms result of the negotiations he had
with st. John an agreement between
Edgar A. Collins assistant manager of
the mine, and O.. John of the union,
was drawn up and signed. The agree
ment. 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 II proved probably one of the
most interesting and important exhibits
OF the trial II was dated July 3, 1901
and IN II the Miners union agreed to
refrain from violence" for three days.
The agreement was In part as follows:
1T Is hereby agreed between the
1850