Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-07-19
Evidence In Haywood Case
at Last Completed.
Attorney Haw|ey Will Open
States Argument Today.
instruction Of Jury Occupies Courts
Attention Thursday.

rested i'm the Haywood trial Immediate
ly after court opened this morning
The jury was not brought into court.
Judge Wood announced that the
opening argument for the state to the
jury would be made tomorrow morning
by Attorney Jane; Fl. Hawley. The
consideration of Instructions to be CIV
en- to the jury occupied today's session
Judge Wood heard the views of cOun-
sci who We're requested to give their
opinions az to the materiality Of the
evidence showing deportations and the
employment of detectives by the mine
owners and citizens of Colorado.
Senator Borah announced that the
state would not oppose the striking out
of that part of Harry Orchards testi-
mony which dealt with his talk to
Steve Adams and Pettibone as to
Adams going into northern Idaho and
getting rid of some claim jumpers"
We objected to that testimony when
it was admitted" declared Clarence
barrow for the defence" 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"
instructing the jury with reference to
ito" asked Judge Wood.
No sir" replied barrow. land while
H ] do not criticise the court for the lat
itude it allowed the state in this case
there seems To be no disposition to
limit it's testimony in any particular.
I" some great general conspiracy by
the Lord only knows whom"
beginning with the Occur D'Alene
troubles of 1899 Mr.. barrow then de-
clared that William ID. Haywood at
that time had nothing to do with the
general organization of the Western
Federation. but was an obscure mem
Der IF local union in Silver City, hun
drcds Of miles from the scene of the
disorders.
AS To the employment of detectives,
barrow declared that most or practi-
caily all of the testimony in the case
was secured by Pinkcrtons and it
would be impossible to disassociate
them and their methods from the is
sue. Taking up Orchards crimes as
confessed by him, Mr. barrow said tho
defendant at bar was compelIed in
refutation of n charge of having mur.
X,
sorts and conditions of allegations TIL.
Statc was allowed through Orchard TO
prihs III something about an alleged
attempt to wreck train and of course
ms defendant was held up as the
guilty party. Was it immatcrial for us
To show that the attempt was made
by detectives in the employ of the
railway company and the Mine Own
ers' Association? | think not. Neither
IL II incompetent for us to show that
the men who pcrpetrated the crime
merely wanted tn create an impression
or appearance of n train wreck so as
10 trump another charge against the
western Federation of Miners"
AS 10 the Bradley explosion, claimed
by Orchard, barrow said it was en-
,tirely competent To produce Testimony
mat the explosion was caused by gas.
IL was also the proper course. he said
TO show that the Vindicator mine incl
dent might have been an accident
rather than the result of design.
Mr.. barrow spent sometime in dis
GUESSING and citing authorities as 10
the materlality of the evidence. show
ing threats by Orchard against Steun-
"nberg He declared that if there was
any question as to the relevancy of
my of the testimony in the case. the
doubt should favor the defendant.
Mr.. Darow charged the Independence
explosion to X. c. Sterling. the detec
i've OF the Mine Owners Association
i'ree undisputed witnesses, he declar
ii. had told of seeing Orchard .sneak"
into Sterling's room at night on at
east 10 occasions. The explosion was
4 part of the conspiracy. the attorney
asserted. of the men who were ZEN
aged in the laudable occupation of
IRVING out every man who had ever
'hnwn any sympathy with the Western
federation of Miners"
Arguing as to the competency of the
'Nstimony given as to conditions and
operations in Colorado. barrow held
shat the defense should be allowed
4dual latitude with the State.
As to the Pinkerton detectives who
ere placed in the various local unions.
arrow said that the jury should be |
: flowed to take these acts into consid- |
ration.
q They should not be charged W to !