The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1907-07-19

Tue QeIenuanC IN Cnelr hands. On the
subject, Judge Wood heard the views
of opposing counsel, who were request
ed to give their opinions as to the ma
teriality of the evidence showing de-
portations and the employment Of de-
tectives by the mine owners and cit
izens of Colorado.
Clarence Darrow was the first to
speak today. His speech was preced-
ed by a brief announcement on the
part Of Senator Borah that the state
would not oppose the striking out OF
that part of Harry Orchards testi-
mony which dealt with his talk with
Steve Adams and Pettibone as to
Adams going into north Idaho and
getting rid of some claim jumpers .
Judge Wood called attention to this
testimony yesterday and Indicated
that he did not believe it had been
connected up in any way whatever
with Defendant Haywood.
I'VE objected to that testimony
when It was admitted declared Mr..
Darrow, for the defense, "and we do
not think that striking it out now will
right any wrong that was done by it.
We will not ask that it be stricken
OUT
But you will not object to the court
instructing the jury with reference to
it?" asked Judge Wood.
mo, sir; we can't do that" replied
the attorney, and while do not at
this time criticise the court for the
latitude it allowed the state, but there
seems to be no disposition to limit
its testimony in any particular as to
some great conspiracy by the Lord
only knows who"
Beginning with the Occur d'Alene
troubles of 1890, Mr.. Darrow called
the courts attention once more to the
fact that VIM. D. Haywood at that
time had nothing to do with the gem
eral organization of the Western Fed
GRAFTON Of Miners, but was an OBJ
scure member Of local union in Sill
yer City, many hundreds of miles from
the scene of the disorders.
AS to the employment of detectives,
Mr.. DarroW declared that most or prac-
tically all of the testimony submitted
was secured by Pinkertons and it
would be impossible to disarrange
them and their methods from the is
sue. Taking up Orchards crimes as
confessed by him, Darrow said the
defendant at the bar was compelled,
in refutation of charge of having
murdered Frank Stuenenberg, to meet
all sorts and conditions Of allegations.
The state was allowed through Or
chard to bring in something about an
alleged attempt to wreck train and
of course this defendant was held up
as the guilty party.
"Was it immaterial for us to show
that the attempt was made and COM
municated by detectives in the en-
| ploy Of the railway company and the
Mine Owners association? I think
not Neither is it incompetent for us
to show that the men who perpetrated
the crime merely wanted to create an
impression or appearance of a train
wreck SO as to trump up another
charge against the Western Fedora
| tion of Miners"
| AS to the Bradley explosion claimed
by Orchard, Mr.. Darrow said it was
entirely incompetent to produce evi.
dence. It was impossible, he said, to
show that the vindicator mine Incl
dent might have been an accident
rather than the result of plot.
Mr.. Darrow charged the Indepen.
dence depot explosion directly to K
C. Sterling, the detective of the Mine
Owners association. Three undisput.
ed witnesses. he declared, had told oi
seeing Orchard "sneak" into Ster
ling's room at night on at least Is
occasions.
The explosion was a part of the
conspiracy. the attorney asserted. oi
the men who were engaged In the
laudab1e act OF driving out every man
Who ever had shown any sympathy
4 n Sxas 5T