Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-07-20
Evidence of Defense Concern
ing the Alleged Conspiracy
Against Western Federation
of Miners Stricken Out,
PRISONER BITTERLY
ARRAlGNED BY HAWLEY
Defendants Denounced as the
Worst Kind of Criminals That
Ever Infested Any Country
Attorneys Clash,

my Morning Journal Special Leased wire.I
Boise. Idaho. July t9.-The field OF
argument both for the prosecution
and defense OF william u. Haywood
has been limited by Judge Wood, who,
In a decision handed down today. re-
moved from consideration by the jury
an evidence bearing on the alleged
conspiracy by mine owners and 9th
ers against the Western Federation OF
Miners Judge Wood decided that the
defense OF Haywood had made no le-
gal connection OF the Mine Owners
association, the Citizens Alliance of
Colorado and the Pinkerton Detective
agency as laying a foundation for the
evidence introduced by the defense to
show that the charge against Hay
wood and his co-defendants Is the out
come Of conspiracy TO exterminate
the federation.
Immediately following the an
nouncemcnt OF this decision argument
commenced Judge Hawley. leading
counsel for the state spoke for two
hours and fifteen minutes OF the aft
ernoon session. the morning session
having been adjourned to enable the
Judge to prepare his decision.
Every seat In the court room was
occupied
Governor Frank Gooding ex-Gov-
ernor Morrison and a number OF the
officers Of the state administration
were present Haywood sat behind
Ms counsel His wife, In her invalid
chair MAS placed on his right, and
his eldest daughter sat beside her
mother. Haywood's half-sister ana
stepfather occupied seats close TO the
defense.
Mr. Howley who has been III. COM
menced his address iu a voice almost
inaudible to any one except the jury.
He apologized for this, however. eX-
planning that he had feared he would
be unable owing to M health to de-
liver prolonged address. Warming
TO his subject. however his voice lost
AN trace Of weakness.
He characterized the case as "the
most important ever given to jury
In the United states" and urged the
jury 90 serious consideration of the
responsibility placed upon them. His
of the defendant and his
as the worst band Of
criminals that ever infested any sec
ion OF this country" was forcefu and
his eulogy OF Ex-Governor Steunen-
berg eloquent In the extreme. Mr.
Hawley described Orchards story as
truthful not only because Of the man
ler I'm which Il was told, but because
[ had been corroborated in every Inn
,ortant detail Then when he found
'eason for the confession In the con-
icience of the criminal stirred by
Of a happy boyhood In
'irtuous home. there was a waver OF
,motion In the pleader's voice and
more than a suspicion Of tears among
lis audience.
Counsel for the defense repeatedly
Mr. Hawley with protests
md objects, but these only seemed To
tlr him TO greater effort. once or
vice he turned 10 DarroW and faced
i'm with roar Of anger, another
ime he said: 1T does not lie in the
mouth Of counsel 10 find excuse for
hese awful crimes"
Mr. HaWley concluded this after
oon with the statement that already
IL had shown enough to convict. and
hat any mryman not willing to con
iCt ON the evidence connecting the
with the blowing up of
he Bunker Hill aud sullivan concern
rator loo 1899 and the explosion at
he Nndicator mine in 1903 alone,
ought only 90 rid himself Of an un-
leasant duty 10 his state"
Mr. HaWley will continue his argu-
lont tomorrow morning when court
icets and Will probably conclude be
,rc adjournment Judge Wood has
utificd counsel for The defense that
e expects argument for them side on
onday
james Mcfarland. the detecti.,
hose name has been mentioned 50
in connection with the se-
iring of evidence against the West
% Federation Of Miners. was iu the
.utt room for the first time since the
ial started. He came To listen to the
gumentS In the case and attracted
usiderable attention.
Hawley is not expected to conclude
lril tomorrow afternoon. The open
< address Tor the defense will ha
lde boy Attorney Richardson on Mon
~ morning.
Hawley Is not expected 10 conclude
ul tomorrow afternoon. The open
< address Tor the defense will be
ade 10y Attorney Richardson on Mon
y morning
To preserve the record Richardson
ain today moved thar the iury he
90 return verdict or mot
IilN' ON the ground that the defend
q Haywood had not been connected
the evidence with the crime al
yed. The motion was formally made
"a formally denied.
The court room was CROW ded 40 the
ors when the afternoon session be
n at q o'clock when Haywood came
found that his wife't Invalid
air had been placed some distance
gm him. re took hold of d himself
q wheeled II into a position immcu,.
aly "a his right
t.dge Wood a. soon as hs had taken
place on tho bench began 10 read
! decision as TO the exclusion OF cell