The Montgomery advertiser., 1907-07-18
TRIAL DRAWS
 TO ITS CLOSE State of Idaho Has Rested. DEFENSE HAS LITTLE MORE Verdict in Haywood Case May Be
 Rendered Soon. Arguments Will Occupy But Two Days, and Then Jury VIII Fix Re-
 sponsibility For Murder of
 Steunenberg.

murdered Frank Steunenperg. for mer Governor of the State.
 w. D. Haywood. through his counsel. will probably rest his case tomorrow with the jury. so far az evidence Is con- cerned. Possibly witnesses will be heard in sur-rebutal put Haywood's counsel announce that the case may close without further evidence. Judge Wood has invited argument on his own proposition. to eliminate certain evidence from consideration by the jury and possibly day will be taken to present the views of both sides as to the instructions to the jury.
 On Friday morning argument Is ex- pected to begin and the last have commenced. After having dismissed the jury this afternoon. Judge Wood stated his opinion that the evidence introduced py the defense to prove a conspiracy on the part or the mine owners by showing the de- portation of union miners from the Cripple Creek district of Colorado dur ing the strikes of 1903 and 1so4: was not material to the issue involved ana should not be submitted to the jury.
 steve Adams Evidence.
 On thefother hand( he said the show ing by the State that Steve Adams was concerned in the killing of two men in the Couer 'd'Alene District did not ap- pear to the court to be germane and should be eliminated. He announced however, that the court would hear ar eument tomorrow on these points. Fur ther the court asked that requests for instructions be submitted at once and arguments on these instructions may be expected tomorrow.
 Judge Wood has already stated that by putting counsel on notice in the main poipts. iA which he would in- struct the jury, he hopes to consides- ably shorten the arguments
 Another announcement by tho court today was a determination to conclude the case within the next week. Judge Wood said he would hold three two hour sessions during the arguments. N F. Richardson protested against this but he met with no encouragement.
 !. H. Hawley will open the arg4- ment for the State and F.. F. Hlcharu- son for the defense. Clarence Darrow will close in behalf of Haywood and inc final argument will come from Senator Borah.
 The last day of the States innings in the trial opened with the statement by Richardson that he desired the court to order D. c. Scott, William Dewey and G. D. Rutan, witnesses who have testified in rehuttal for the
 
 of inc court This was afterwards ex- nlained on the ground that counsel TOT the defense was considering the ad- visibility of issuing certain warrants charging States witnesses with per jury. Nothing was done during the day. however, and late tonight Ciar. ence Darrow said 1t was douotiu' II such steps would be taken.
 But Two Witnesses.
 rs1 ctata called but two witnesses In rahuttal today, notwithstanding MT. Hawley's statement that eight or ten witnesses remained. At the last mo- ment the prosecution decided not to call mine owners or Pinkerton detec- lives. believing this would strengthen their case before the jury. AS re- sult of this decision, Bulkely Wells, Snrmerlv Adiutant General of Colorado and recently elected Railroad Com n,iss,oner in the State of Colorado, left Boise yesterday.
 He was in command of the militia called out during the labor trouples III 1903 and 1904 and was the man who dug up the bomb found where orchard said he placed it at Judge Goddard cate cantaIn James Mcfarland, the Sunerintendent of the Western Division oS the Fullerton detective agency, who it was expected would be one of the
 most picturesque witnesses, was not called Captain Mcfarland has nad charge of the case since the arrest or Orchard The witnesses examined to- day were from Colorado and gave vivid accounts of the conuitiohs eAis'iis around the mines
 O M Sackett employed at the snug pler Union mine at Telluride. had an intimate knowledge of conditions "e- sulting from the struggle between the members of the Western Federation or Miners and the owners of the mines. No amount of severity on the part of Richardson changed Sacketts posi- five assertion that the members of the citizens alliance of the Cripple Creek district took the law into their own hands as last resort and that this organization was mado up of good citizens of the district. He justified the deportation on the ground that they were necessary and because the citizens had reached the conclusion that men who refused to work them selves or permit others to work should be sent away.
 He admitted that some of the de- ported were innocent of wrong doing. but stated positively tha they were allowed to come back when the irius- tice was discovered. Sackett said of his own knoweldge and on informa- ton he knew of a number of murders and outrages committed by the union miners. and the calling out of the mill tia and declaration of martial law was necessary to the preservation of life and property. The last witness Of the day and of the State was William Stuart Scotchman. red bearded and retaining the burr of his native land on his tongue. He was a miner in the Cripple Creek district durng the trou- taII maltreatment at the hands of miners who had warned him that he would have to take the consequences If he went to mork as scab. With native stubborness Stuart went to work, how ever, and today with native wit he told the consequences.
 Thomas P. Stuart was the first wit ness called by the State at the after