The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-07-20
Judge Woods Decision Rules
Out Counter Plot Evidence
Offered by the Defense in the
Haywood Case.
NOT PROVEN HE SAYS
In a Way to Connect 1t With
Steunenberg Murder.
Hawley Opens the Argument
for the Prosecution.

Boise, Idaho, July 2O.-The trial OF
William D, Haywood, secretary and
treasurer of the Western Federation
of Miners. which has occupied the dis
trict court of Ada county for the last
10 weeks, has entered it's last stage
and James H. Hawley, leading coun-
sci for the prosecution, is now arguing
to the jury that the evidence present
ed by the state proves the guilt OF
Hood as a member. to use his own
words. "of the worst band of con-
spirators that ever infested any sec
ton of this country"
Mr.. Hawley has characterized Or
chard's evidence as a plain story, told
without effort at concealment, with
out boastfuiness and without fear. He
points out that a ss-examination
without parallel in the trial of GRIM
inaI cases failed to change the story
in any one particular. He maintained
that the confession of Orchard was
due to the Saving power of divine
grace"
Quoting the law of conspiracy that
every man connected by the evidence
with conspiracy or combination
must be responsible for every act
done and every word spoken by a
member of the combination. Mr..
Hawley said it was just law, be-
cause otherwise any man might preach
abo nina BILE crime and then fall back
though the foulest crime resulted
from his advice.N
On this, he said is based the charge
against Haywood. that he murdered
Ex-Governor Steunenberg, and on this
was based the affidavit made by the
county attorney in securing extradi-
ton Of Meyer, Haywood and Petit
bone.
ANY statement" said Mr.. Hawley,
that counsel for the defense may
make to you charging that the extra
dition of these men was secured on
perjured afidavit--is false and done
merely for the purpose of distracting
your attention and creating prejudice
against the prosecution. We main
tain that under the plain law of con-
spiracy Haywood is guilty of the muir
der Of Governor Steunenberg.
Reviews the Evidence
Mr.. Hawley has reviewed the evil
dence of the blowing UP of the Bunk
er Hill and Sullivan concentrator at
Wardner for which he maintains the
Western Federation of Miners,
through the acts of its officers, was
responsible and in plain words
charged wilful perjury against a num-
Der of witnesses brought by tie de-
Tense to contradic Orchards story of
the crime.
Throughout Mr.. Hawley's argument
for a motive for Orchards crime or a
motive for any of the crimes other
than that of revenge or a determina-
ton on the part of the Western FEEDER
alton of Miners to terrorize all who
opposed them.
The court room was crowded to the
doors when the Friday afternoon ses-
sion began Governor Gooding of Idaho
was present for the first time. When
Haywood came in he found his wife's
invalid chair had been placed some dis
tance from him He took hold of it
himself and wheeled it into position
Immediately at his right.
Failed to Connect Story.
Judge Wood, soon as he had taken
his place on the bench, began to read
his decision as to the exclusion of GER
question involves the materiality of
evidence introduced by the defense
showing long series of deportations of
miners and other persons and other
acts Of violence involving the destruc-
ton of property belonging to the West
ern Federation of Miners or certain To-
cal unions thereof, also as to the ma
teriality of other evidence introduced
by the defense showing that the Pink
erton detective agency had placed its
detectives in various local unions of
said Federation of Miners
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, Orchard, were either not
committed by the witness, Orchard, or
If committed by him, some other per
son or persons procured him to COM
NIT such acts of violence, either of
which defenses were proper and legiti-
mate, if any evidence could be secured
tending to establish them.
In the opinion of the court no evil
dence was introduced by the defense
even indicating that the acts of vio-
lence testified to by Orchard, if act
ually committed by any one, were COM
mitted by any other person or persons
than as he testified. Neither is there
any evidence from which it might be
inferred that any individual or any
combination of persons procured any
other person to commit these acts of
violence than as he testified. At the
farthest the testimony introduced would
only furnish a motive perhaps for some
one else to commit or procure the COM
mission Of the various acts of violence
involved which were testified to in be-
half of the state.
Deportation ImmateriaI.
But it is clear" said the court that
the motive alone in a third person to
commit an offense for which a party
is being tried, is not admissible in the
absence of other testimony in some way
connecting or pointing to such third
person as the guilty party.
THE witness Orchard has testified
infinitely in detail to the circum-
stances involving the Vindicator ex-
plosion, the explosion at the indie
pendence depot and other acts and at
THE SAEE nEnOCRT