The Birmingham age-herald., 1907-07-20
Judge Wood Makes His Ruling
 Adverse to Haywood
.HAWLEY BEGINS ARGUMENT
Counsel for Prosecution Delivers Im- pressive and Eloquent Address to the Jury and Denounces De-
 fendant and Others.

| Boise Idaho, July 19-The field for ar i gument for both the prosecution and de- 1 fense in the case of William D. Haywood has been limited by Judge Wood, who iii a decision handed down today removed from consideration by the jury all evil dence bearing on the alleged conspiracy by the mine owners and others against l the Western Federation of Miners. Judge Wood decided that the defense had made no legal connection of the Mine Owners association, the Citizens Alliance of Col | orado, and Pinkerton Detective agency as laying a foundation for the evidence 1 introduced by the defense to show that the conviction of his co-defendants is 10 be the outcome of a conspiracy to ex terminate the federation
 Immediately following the announce ment of this decision argument com menced. Judge Hawley. leading counsel for the state, spoke for two hours and fifteen minutes of the afternoon session, the morning session having been ad- journed to enable Judge Wood to prepare his decision. Hawley commenced his ad- dress in voice almost inaudible to any one except the jury. He apologized for this, however, explaining that he had feared he would be unable owing to iii health to deliver a prolonged address. MT Hawley Is the nestor of Boise. He is man of impressive presence ana az gressive speech. Warming to his subject, he lost all trace of weakness. His ad- dress after the opening tatement in which he explained had no gl>ce of words to constitute an orator." was at times elo quently impressive, but wlthall a plain analysis of the case. He characterized the case as the most important ever given to jury in the United States and urged the jury to a serious consideration Of the responsibility placed upon them. His de- nunciation of the defendant and his conspirators as the worst band of crin'- inals that ever infested any section of the country" was forceful and his eulogy of Governor Steunenberg eloquent in the extreme.
 MT. Hawley described Orchards story as truthful not only because of tho man. ner in which it was told but because it had been eor-oborated in nevery important detail.
 Counsel for the defense repeatedly in- terrupted MT. Hawley with protests and objections but these only seemed to stir him to greater effort. Once or twice he turned to Clarence Darrow and faced him with a roar of anger and an another time he said. "It does not lie in the mouth of counsel to find excuse for these awful crimes"
 Mir. Hawley will continue his argu- ment tomorrow when court meets at 9:30
  journment
 Judge Wood has notified counsel for the defense that he expects argument for their side to commence Monday.
 McPartIand Appears.
 For the first time since the Hay wood trial started, James Mcfarland, the detective whose name has been so often mentioned in connection with the securing of evidence against the Western Of fir,ar i,, room today. He had come to listen to the arguments Tn the case and attracted considerable attention. Judge Wood an nounced at 10 O clock that he would not be ready to rule on &he matter of eX- cluding certain evidence from the consid- edation of the jury and the arguments of counsel until D. m. He instructed James II. Hawley, leading counsel for the state, to be ready to proceed al that time. MT. Hawley is not expected to con clude until tomorrow afternon. The open ing address for the defense will be made by Attorney E. +. Richardson of Dem yer on Monday.
 To preserve the record, MT. Richardson again today moved that the jury be in- structed to return a verdict of not guilty on the ground that the defendant, Hay wood, has not been connected by the evidence with the crime alleged. The mo- ton was formally made and formally de- nied.
 The court room was crowded to the doors when the afternoon session be- gan at o'clock. Governor Gooding of Idaho was present for the first time When Haywood came in he found his wife's invalid chaid had been placed some distance from him. He took hold of it himself and wheeled it into position im- mediately at his right.
 Judge Reads Decision. Judge Wood, as soon as he had taken his place on the bench began to read his decision as to the exclusion of certain evidence He announced that his decision was only a preliminary to the intructions he would give the jury at the conclusion of the arguments The most important phase of the decision was the striking out of all testimony relating to deportation of miners from the Cripple Creek and Telluride districts of Colorado. In the first instance Judge Wood struck out of the record that portion of Orchards testimony relating to what Pettibone told him of a trip in which he had sent Steve Adams to get rid of claim jumpers In northern Idaho. This matter, he said. had not been connected in any way with the defendant Haywood.
 "The next question suggested by the court and argued by counsel" said Judge Wood involves the materiality of evil dence introduced by the defense showing a long series of deportations of miners and other persons and other acts of vio- lence involving the destruction of prop erty belonging to the Western Fedora tion- of Miners, of certain local unions thereof, also to the materalty of other evidence introduced by other defense to show the Pinkerton detective agency had placed it's detectives in various local unions of said Federation of Miners. No Connection In Evidence. "The court suggested the immateriality of this evidence before the conclusion of the states rebuttal and advised counsel that argument would be invited thereon before instructions of the court were set ted This testimony was all admitted on the promise and assurance of counsel that the proper connection would be made showing that some at least of the various acts of violence testified to by the witness Harry Orchard, were either not committed by Orchard or if committed by him. some other person or persons procured him to commit such acts of violence. either of which defenses were legitimate defenses
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