Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-07-20
COURTROOM CROWDED.


Every seat In The courtroom was oc-
cupied. Outside the enclosure reserved
for attorneys and newspaper men were
many persons prominent In public and
private life, and a sprinkling of women
IN summer costumes added color to the
auditorium space Gov. Frank Good
ing. ex-Gov. Morrison, a number of the
officers OF the state administration,
Capt. James Mcfarland. Julian p.
Steuncnberg, u son of the murdered cx-
governor, and d large gathering OF
members Of the bar of Idaho and add
Joining states were present Haywood
sat behind six OF his counsel. His wife
In her invalid chair, was placed on his
right and his eldest daughter sat be-
side her mother. Haywood's half sister
and step-father Occupied seats close 10
the defense group.
Mr.. Hawley. who has been III for
several days as the result of the strain
OF the long trial. commenced his add
dress In a voice almost inaudible TO
anyone except the jury. He apologized
TOR this. however. explaining that he
had feared he would be unable owing
to Ill health to deliver a prolonged add
dress Mr. Hawley Is the Nestor OF the
Boise bar, He Is man of Impressive
presence and aggressive speech Warm
Ing 10 his subject. this afternoon his
voice lost all trace OF weakness His
address after the opening statement In
which he explained that he had none
of the grace OF words that constitute
an orator. was at times eloquently i'm
FASHIONED. but wtthal a plain analysis
or the evidence. He characterized the
case as the most important ever given
to the jury I'm the United States,' and
urged the jury to serious consideration
OF the responsibility placed upon them.
His denuncfation OF the defendant and
MARI I'M he. ~s.f t..,x. 4
of criminals that ever infested any sec
tion OF this country" was forceful and
his. enlogy OF ex-Gov. Steunenberg elo-
quant In the extreme. Mr.. Hawley des-
cribed Orchar's story as truthful not
only because of the manner in which
II was told. but because II had been
corroborated In every important detail
Then when he found reason for the con-
fession In the conscience OF the GRIM
1nal stirred by memories of a happy
boyhod In virtuous home there was a
culver OF emotion In the plendcr's voice
and more than a suspicion of tears
among his audience.
Counsel for the defense repeatedly
interrupted Mr.. Hawley with protest
and objections, but these only seemed
TO stir him to greater effort. Once
or twice he turned TO Clarence Oar
row and faced him with roar OF an
ger and another time he said. ait does
not lie in the mouth OF counsel to find
excuse for those awful crimes
Mr.. Hawley concluded this afternoon
with the statement that already he
had shown enough to convict and that
any juryman not willing to convict on
the evidence connecting the conspira-
tors with the blowing UP OF the Bunk
err Hill and Sullivan concentration in
1899 and the explosion at the yindica-
tor mine In 1908 alone sought only to
rid himself of an unpleasant duty to
his state
Mr., Hawiey will continue his argu-
ment tomorrow when court meets at
$3.50 and Win probably conclude before
adjournment. Judge Wood has notified
counsel for the defense that he ex-
poets argument for their side to COM
mence on Monday.
The courtroom was crowded TO the
doors when the afternoon session be-
gan at 2 o'clock Gov. Goodlng of
Idaho was present for the first time.
When Haywood came in he found his
wifes invalid chair had been placed
some distance from his. He took hold
Of II himself and wheeled II into a pos
sition immediately at his right.
JUDGE WOODS DECISION.
Judge Wood as soon as he had taxi
en- his place on the bench began to
read his decision as to the exclusion,
of certain evidence. He announced
that his decision was but a prelimln-
airy To the instructions he viii give the
jury at the conclusion OF the argu-
ments. The most important phase OF
the decision was that striking out
OF the case all relating to the deportn-
tion OF the miners from the Cripple
Creek and Telluride districts OF Colo
RADIO.
In the first instance Judge Wood
struck out OF the record that portion
of Orchards testimony relating 20
what Pcttlbonc told him of a trip on
which he had sent Steve Adams 10 get
rid OF claim jumpers In northern Idaho
This natter he said, had not been con-
nected up IN any way with the de-
PENDANT Haywood.
MATERIALITY OF EVIDENCE.
THE next question suggested by the