The Idaho Republican. [volume] (Blackfoot, Idaho) 1904-1932, 1907-07-26
DEFENSE RESTS
IN HAYWOOD CASE
Fate of Labor Leader Soon
to be Determined by an
Idaho Jury.
Great Mass of Evidence Now Before
the Jury and the Arguments of
Talented Lawyers Begun
barrow Bitterly AssaiIs
Pinkertons.

Boise.--A day of argument on
Thursday on the admissibility Of
points of evidence followed the an
nouncement from the defense that
they had no further witnesses to Of
Ter in behalf of William D. Haywood.
The jury was not brought into court,
Judge Wood having been informed by
counsel of their decision to rest with
out offer of surrebuttal Clarence
barrow spoke for an hour and half
of the morning session. Senator
Borah replied in the afternoon and
was followed by e. F. Richardson.
The point argued was the PROPOSE
ton to exclude from consideration by
the jury the evidence offered by the
defense to show, by proof of deporta-
ton of miners from and the employ
ment of detectives in the Cripple
Creek district of Colorado, that a
conspiracy was formed among the
mine owners and the citizens of the
district to prevent the employment
l.
ton of Miners. The position taken
by the Haywood defense was that
Harry Orchard was employed by the
Mine Owners association through de-
tectives to commit crimes which were
then charged to the federation, and
public opinion aroused against the
union workers, and it therefore fol-
lowed that if Colorado evidence for
the state was admitted the defense
had the right to show counter con
'spiracy. The reply of the state was
that the defense had failed legally to
connect their case in these particulars
and therefore their evidence merly
confusd the issue.
In the absence of the jury the argu-
ment gave counsel an opportunity to
take wide range in commenting on
the methods employed on both sides.
Mr.. Darrow was impassioned and
vituperative. He bitterly assailed
Orchard and the Pinkertons. ne
maintained that Orchards story con-
Meeting Haywood and the Western
Federation with the various crimes to
which he has confessed had not been
corroborated; that the Vindicator
mine explosion was an accident; that
the independence depot explosion,
where fourteen men were killed, was
planned by X. G. Sterling and d. G.
Scott, railroad detectives, and that
the Pinkertons sent men into the dis
trict to join the unions and incite the
members to riot and disorder. Incl
dentally he said the Bradley incident
in San Francisco was due to an explo-
sion of gas as shown by the evidence
for the defense, and that Haywood
had not been connected at any point
with any of the overt acts confessed
to by Orchard except by the discred-
tied testimony of Orchard himself.
Senator Borah confined himself
largely to the legality of the question
of admissibility. He spoke for an
hour, reviewing the evidence and
claims made by the defense, which he
said failed to show by any member
of the alleged conspiracy between the
Mine Owners and the Pinkertons that
any such conspiracy existed. He took
the position and quoted authorities to
show that a conspiracy can only be
considered after the introduction of
direct evidence Of conspirator.
Mr.. Richardson argued that con-
spiracy had been shown by the con-
tIibutory effect of all the evidence in
troduced by the defense and closed
with the statement that ii the court
saw fit to exclude the evidence bear
ing on the Colorado situation intro
duced by the state, counsel for the
defense would be satisfied to see their
evidence barred from consideration.