Los Angeles herald., 1907-07-21
ARGUMENTS
COMMENCE
EVIDENCE IN HAYWOOD CASE is
CONCLUDED
JUDGE HAWLEY TALKS TO JURY
EIGHT HOURS
Haywood Is Interested Listener and
Takes copious Notes and Makes
Suggestions to His
Attorneys
BY Associated Press.

hoS ASSoCldteu ETeSS.
BOISE. Idaho, July 20.-James H. Haw-
ley, leading counsel for the state of
Idaho, presenting the first of the argu-
ments to the jury in the case against
William d. Haywood, spoke for nearly
eight hours, distributed over three ses-
sions of the court.
Even when the afternoon session to-
day had extended far beyond the GUS
tomary time limit every seat in the court
room was occupied and remained so until
the last word was spoken.
Outside the sun beat down piteously and
the atmosphere of the room was almost
sitting, the fans and open windows fur
nishing little or no relief.
None listened more attentively to the
argument than Haywood, the defendant,
and none showed less emotion.
From time to time he took copious notes
in a small book and frequently made sug-
gestions to one or other of his counsel
seven of whom were in court today.
Throughout the day Mr.. Hawley used
an almost conversational tone.
Step by step he followed Orchard along
the road the great criminal had selected
after he left the Coeur d Alenes, stopping
at the Vindicator mine and then at the
independence depot to count sixteen dead.
In Denver one more was added to the
list and the analysis of testimony in
contradiction of Orchards story conclud-
ed frequently with the denunciation of
witness after witness as wilful perjurors
or guilty of unintentional falsehood.
Tells of Murder
When he had spoken five and half
hours Mr.. Hawley reached Caldwell,
where at the close of the year 1905 the
preparations for the murder of Steunen-
berg were afoot.
His voice now found a sympathetic
note and as he told of the last moments
of the former governor the court room
was hushed and the jury leaned forward
to catch the speakers every word.
Young Julian Steunenberg, who had
seat inside the railing, watched the
speaker with lips drawn tight and face
quivering. but gave no other sign of emo
ton.
i've.
There was no attempt at any fight of
oratory, but only "a strong note of deep
sincerity and great earnestness when he
pleaded for an honest judgment from
honest men of Idaho.
1--WE will be charged" he said with
making war on this Federation of Miners,
but ask for your honest judgment. do
not seek to hang the scalps of innocent
men to my belt. 1 am here to hunt down
the guilty
Not All Criminals
Mr. Hawley said he did not charge that
a majority or even that many of the
Western Federation of Miners were
criminals but that the evil deeds Of the
officers and of the scum of the organi-
cation had brought discredit on the rank
and file. '
The time had indeed come, he said,
when right thinking men should rise and
make war upon the evil influences that
were the curse of all labor organizations.
1--WE must show the world he conclud-
ed that here in Idaho we are law
abiding and a God-fearing people, who
will deal out even-handed justice to the
criminal accused of the highest crime as
to the tramp charged with some petty
breach of the law.
Hawley first devoted his attention to the
alleged attempt to wreck train on the
Florence and Cripple Creek railroad. This
was one of the incidents of the Colorado
labor troubles testified to by Harry Or
chard.
This matter came out in Orchards
testimony" said Hawley but 1t was alb
solutely immaterial to the issue involved.
But the defense has taken this Incl
dent and has tried to build UP out of it
a conspiracy on the part of mine owners
against the Western Federation of
Miners.
"Orchard admitted that he had reported
the alleged attempt to detectives in the
employ of the railroad and the mine own
ers' association.
1.-THE defense has brought two women
witnesses here to testify that they saw
Orchard in the chief detectives room on
many occasions.
lmpeaches Women
aaJ-I,.z hut
ally over four years ago, but they come
here and swear positively as to Orchards
identity and to the number of his visits.
such eveidence as that speaks for it.
self.
"Orchard undoubtedly was trying to
secure money from all the sources he
could, and l am not going to defend him
for his double dealing in taking money
from both the Western Federation of
Miners and the railroad company.
II am not here to paint Harry Orchard
in anything burt his true colors.
'"There is but one claim that l make
for him, and that is that he has told the
truth.
''This fact has been idelibly fixed by all
the facts in the case
Taking up the matter of the attempted
assassination of Governor Peabody, Mr..
Hawley used much of the testomny of
Orchard as to the plans he laid to kill
Governor Peabody with the bombs or
sawed-off shotguns.
Orchards testimony was amply corro-
borated, counsel declared Mrs. Peabody
herself taking the stand to testify to one
of the most important Incidents.
The attorney told of Governor Pea
body's activities in the Colorado troubles
and declared that the strongest motive
for his taking off rested with the West
ern Federation of Miners. No possible
personal motive, said Mr.. Hawley, could
be attributed to either Steve Adams or
Harry orchard.
Attorneys Pass Lie
While arguing this incident Mr.. Haw-
ley soon precipitated an exciting battle
of words with Clarence Darrow of the
defense, in which "untruth" and "delib-
crate faIsehood" were freely used on both
sides.
.If," said Hawley, there was a word
of untruth in Orchards testimony as to
these attempts on Governor Peabody. he,
of all men, was the best witness to so
testify. A man who is now in the base
ment of this building, man who stood
In the esteem of the leaders of the West