The Birmingham age-herald., 1907-06-05

 was responsible for the killing of Steun- enberg."
 Continuing. he traced Orchards move ments In Caldwell and his appearance in company with John L. Slmpklns, was shown. He told of the arrest of Orchard and the unsolicited tender of the ser vices of Attorney Fred Miller of Spokane. He said that the state would show that an unsigned letter received by Orchard was written by George A. Pettibone.
 Remarks Cunning.
 The speaker then told of the confess sion of Orchard to James Mcfarland.
 We will call this gentleman to the stand" he said
 (Which gentleman?" asked MT. Dar- row.
 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"
 T merely asked which gentleman he meant" appealed MT. Darrow to the court.
 'I referred to MT. James MacPartland," shouted MT. Hawley, "a terror to evil doers in this western country-a man whose presence Is a guarantee of good order You have probably encountered him before in defending clients"
 MT. Darrow, who was still on his feet, evidently desirous of answering, but the court told him to sit down and directed MT. Hawley to proceed.
 MT. Hawley said the state would place Orchard on the stand and would show by all witnesses, including Orchard, that such a condition of affairs existed as ba had a1P Vy ley was telling of the capture of train at Wardner, he was interrupted by an objection from MT Darrow, who argued that the incidents in the Occur D'Alene in 1899 had nothing to do with the case now under argument.
 The objection was overruled
 Murder Their Trade.
 MT. Hawley went on to show that he expected to prove that the action of Steunenberg in crushing out the rioters al that time brought on him the enmity of the inner circles of the Western Fedora ton of Miners, and as a result of that enmity, he was killed at the order of the inner circle"
 We will show you gentlemen of the jury MT. Hawley continued, that the inner circle of the Western Federation of Miners composed of this defendant and his co-defendants, gathered about them few choice spirits. Murder was their trade and assassination a means of livelihood. We will show that the in her circle is responsible for some of the most fiendsh crimes ever committed any where, all to carry out the purpose of the circle. We will show you that these men, whose responsibility for the murder of Arthur Collins at Telluride, of Leigh Collins on the streets of Denver"
 At once MT Darrow was on his feet an committed In Colorado had nothing to do with the Steunenberg case.
 Judge Wood overruled the objection, he said he would hear counsel further when 1t came time to object to the testi- mony.
 MT. Hawley went on to say that the inner circle" was responsible for. the blowing up of the Independence depot at Cripple Creek; the blowing up of the Vlndicator mine, and other outrages, he said, that the state would show that Hay wood and his co-defendants had attempt- ed many times to assassinate ex-Goyer- nor Peabody of Colorado in the same way as the murder of Steunenberg was accomplished and for the same reason.
 MT. Hawley coming to the close of his remarks, asserted that the evidence to be adduced would go much further than had been his opening statement He be- lieyed the proof would satisfy the jury. and to the guilt of the accused under the statutes, despite the fact that Hay wood, himself, may not have been in the state of Idaho for years. The attorney closed by thanking the jury for their attention.
 Defense Reserves Opening.
 As he sat down, Attorney Darrow aross and stated that the defense would re- serve It's opening until the states case is finished.
 Judge Wood said he had been requested by the attorneys for the defense to in- struct the jury only that the defendant Is presumed to be innocent until proved guilty beyond reasonable doubt Judge Wood instructed the jury to keep their minds as clear as possible, and to con fine their judgment to the evidence and not to remarks of counsel.
 Wayne First Witness.
 c. F. Wayne then was called as the first witness MT. Wayne formerly resided in Caldwell the home of Governor Steunenberg and lived next door to the Governors place. Wayne said he was working on the Steunenberg place on the night of the explosion. December 30, 1905. He described the explosion and the finding of the Governors body.
 The defense did not desire to cross-ex- anime the witness and he was excused to make way for Dr. J. w. Cue of Calu- well, who attended the dying man. He described in detail the injuries wrought by the bomb. pr. Cue was also excused without cross-examination and John c. Rice. an attorney of Caldwell, was called. He lived near Governor Steunenberg. Rice testified seeing Harry Orchard passing his home almost every day for month pre- ceding the tragedy. He was either go- ing toward or returning from the direc- +I 1
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