The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1907-06-20

all fours. Judge Wood wanted TO see
the articles and took a recess from IL
clock until clock to look them
over. After recess he said that he had
decided Co let certain or the articles
go before the jury, and to eXclnde Ger
tain others. He will rule tomorrow as
10 the particular ones that are 10 De
admitted and eNluded.
Wants Magazines in Evidence.
Senator Borah commenced the day
proceedings by offering and specihcallN
naming the articles in the various mum
bers Of the Miners Magazine Ia which he
tion OF each exhibition the defense made
general objection and stated that they
would present specific objection 10 each.
The general objection was that the eNl-
dence failed to connect the defendant
with the murder OF Steunenberg.
The naming and describing of the ar
ticles in the magazine took nearly hair
an hour. The articles themselves viii he
read to the jury later. II the court ad-
mits them as evidence.
H.. +. Richardson presented the arsu-
ment FOR the defense against the admis-
sion Of the magazine articles as evidence.
He maintaned ,ha5 The a articles a 9r1eTsd red
defendant had. through these articles.
contributed ANYTHING that might lead To
the murder Of former Governor Steunen-
berg, He admitred that some OF the
articles were Incorporate in tone bur
were nothing more than Ordinary news
paper abuse Mr.. Richardson, quoted
VS.. the People" and the ruling as TO the
admission OF newspaper articles In the
case OF the Miners Magazine, he said,
the articles did not compare in tone with
the violence Of the articles In the Spies
case. Richardson read at length from
the evidence In the Spies case. The let
ters from Herr Most 10 Spies and other
violent matter published AT the time.
Throughout these letters and other mat
ter, force, dynamite, murder ana whole
ardson pointed out that these letters were
printed in anarchistic newspapers pub
lished by the defendants IN the famous
anarchist trials resulting in conviction
ard execution.
Recalls Criminal History.
Mr.. Richardson. reading OF the
anarchists revolutionary writings in the
eishtes. created a sensation. He gave
declomatory emphayls 20 The fearful ad
vice looking to the wholesale destruction
OF al who stood on the side OF law and
order. II was page from the criminal
jorty Of those present in the courtroom
and the extremity of the language used
by Johann Most in writing 10 Spies and
by the defendants themselves in their
editorials The avowed purpose Of Rich
ardson s exhaustive quotation from the
newspaper publications IN The. anarchist
character OF the evidence offered by the
State In the Miners Magazine
Continuing his argument, Mr.. Rich
ardso said that In none Of the articles
in the Miners Magazine was there direct
or implied connection with the murder
OF Governor Steunenberg. He admitted
HaVvoodS & prejudice against Steunen-
berg, because OF his course in Idaho. but !
he pointed out that tens OF thousands |
and hundreds of thousands OF people ia |
this country condemned or approved the |
course adopted by Steunenbsrg ana that |
those who condemned should not be held |
responsible for the Governors murder.
Senator Borah argued for the State
that the magazines should be admitted |
because they showed the enplity Of an !
organization of which the defendant. Hay |
wood ami the other defendants We're the |
officers. He pointed out that the State
did not offer the articles n evidence. |
relying on ;hem 10 prove their charge Of |
murder. but in order 10 help the jury in
determining. among all the circumstances.
what was the animus OF the Western Fed
Grafton OF Miners, OF which Haywood Is
The secretary and treasurer, and the
Miners Magazine the official organ.
Says Violence Was Advocated
the articles said that these articles did
advocate force and that they advised the
members OF the organization 10 arm
themselves with rifles. He maintained
vas admitted in the Spies case the evil
dencc of articles in the Miners Maga-
zine should be admitted because in both
cases-in the present case not less than
in the case tried twenty years aeo-the |
animus was shown and violence was ad-
vocated.
Richardson closed the argument. He as
serted that in no word contained in the
Miners Magazine was there an advocacy |
of the use Of arms except in self-defense,
q right allowed 10 every citizen, and he
forceiully argued that criticism of po-
ltical opponent could not be construed
as an evidence Of murderous intent
Judge Wood asked for "a schedule OF
the exhibit and said that he would take
the question ~ the admissibiiitY Of the
evidence under advlsement, and would. If
possible, render a decision at o'clock
Court adjourned at II o'clock Judge
Wood said that unless the State had
the case until he had reached a decision
on the very important matter presented
this morning Senator Borah sald that
on the admission OF the Magazine ar
ticles. This necessitated an early adj
journment.
When the trial was resumed at
o'clock Judge Wood announced that he
was not ready TO finally pass upon the
OF the various articles from
The Miners Magazine which the prosecu-
ton desired 10 place in evidence
Court Still in Doubt.
II have had time to make but hasty
examination OF the articles, said the
cided that some OF them may be ad-
rnitted and others must be rejected. there
are some as TO which ] am In debt be-
cause OF the insuffciency Of The memo
render decision until ] have the copy
Of the stenographer's minutes before me
expect 10 have the decision ready by
tomorrow morning"
To corrobornto Orchards testimony as
10 becoming an agent OF the Mutual
Lie Insurance company, the prosecution