The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-06-19
LIS Made Basis of a Long Argu-
ment at Boise.
MAGAZINE ARTICLES
From the Organ of the Western
Federation of Miners
Are Submitted and Objected to
by the Defense.


murder trial was consumed in hear
ing arguments on the admissibility
as evidence of the Miners Magazine.
official organ Of the Western Fedora
ton of Miners, as to Frank Steunen-
berg and others connected with the
labor troubles of the miners. On
both sides the argument was based on
the Chicago anarchist cases. the de-
fense contending that by no conStruc-
ton could the authority in that case
be made a guide here. and the state
that it covered the very propositions
involved here.
Judge Wood took the articles for
examination and adjourned the trial
at IL o'clock promising 70 rule at
o'clock in the afternoon.
Senator Borah commenced the days
proceedings by offering and specifical-
1y naming the articles in the various
numbers of the Miners Magazine
which he offered as evidence. To the
introduction of each exhibit the de-
fense made general objection and
stated that they would present specific
objection to each. The general OBJ
lection was that the evidence failed
to connect the defendant with the
murder of Steunenberg.
The naming and describing of the
articles in the magazine took nearly
half an hour. The articles them
the court admits them as evidence.
F. F. Richardson presented the ar
gument for the defense against the ad-
mission of the magazine articles as
evidence. He maintained that the ar
ticles offered by the state failed to
show that the defendant had. through
these articles, contributed anything
that might lead to the murder of Gov
ernor Steunenberg- He admitted that
some. OF the articles were intemperate
in tone, but were nothing more than
ordinary newspaper abuse"
Spies Case Cited.
Mr.. Richardson quoted from the re-
cord of the case of "Spies versus the
People," and the ruling as to the ad-
mission 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 letters from Herr Most to Spies
and other violent matter published at
the time. Throughout these letters
and other matter. force, dynamite
murder and wholesale revolution was
counselled. Mr. Richardson pointed
out that these letters were printed in
anarchist newspapers published by the
defendants in the famous anarchist
trials resulting in conviction and exc
cution.
Mr. Richardson's reading of the an
archlsts revolutionary writings in the
declamatory emphasis to the fearful /
advice looking to the wholesale de- |
struction of all who stood on the side
of law and order. 1t was a page from
the criminal history of this country |
unread by a majority of those present |
In the court room and the extremity |
OF the language was used by Johann |
Most in writing to Spies and by the |
defendants themselves in their editor |
ials. The avowed purpose of Richard |
sons exhaustive quotation from the
newspaper publications in the an
archist case was to show the tamely |
abusive character of the evidence Of /
fered by the state in the Miners maga- |
zine.
Continuing his argument Mr.. Richard !
son SAID that in none of the articles in 7
the Miners magazine was there direct |
or implied connection with the murder !
of Governor Steunenberg He admit /
ted Haywood's prejudice against Steun- |
enberg, because of his course in Idaho. |
out ne pointed out that tens of thous-
ands and hundreds of thousands of peo- !
pie in this country condemned or ap- |
proved the course adopted by Steunen- |
berg and that those who condemned !
should not be held responsible for the |
governors murder
Seuator Borah argued for the state
that the Miners magazine should be !
ADMITTED, because it showed the enmity |
of an organization of which the defend |
ant Haywood and other defendants
the state did not offer the articles as |
evidence, relying on them to prove |
their charge of murder, but in order to |
help the jury in determining among all |
the circumstances what was the anirnus /
of the Western Federation of Miners of
which Hayood is the secretary and
treasurer and the Miners magazine the
official organ.
Senator BOrah without quoting from
the articles said that these articles did
advocate force and that they advised |
the members of the organization to arm
themselves with rifles. He maintained
that If the evidence of newspaper arti-
cies was admitted in the Spies case, the
evidence of articles in the Miners maga-
zine should be admitted because in both
caSeS-in the present case no less than
in the case tried twenty years ago
an1inus was shown and violence advo- |
Gated.
Richardson Closes.
Richardson closed the argument |
He asserted that in no word contained |
IN the Miners Magazine was there an |
advocacy OF the use of arms except in
Selt defense a right allowed to every |
citizen and he fOrcefully argued that |
criticism of political opponent could
not be construed as an evidence of
murderous intent
Judge Wood asked fer a schedule
of the exhibit and said that he would
take the question of the aduisibilitv
OF the evidence under asIvisement and
would II possible render a decision at
2 o'clock.
Court adjourned at II O'Clock.
Judge Wood said that unIess the state
mad other witnesses he would not
continue the case until he had reach
"a decision on the very important