davidaulloa/AmericanStories huggingface dataset:
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-06-22

the line of the motion we have filed
here. But, your honor Is only human as
to separate the judge from the humanity
that controls us all Here is the --LATEST
case ever presented to a court of law If
we leave out the testimony of Orchard. the
criminal whose testimony shows him TO
be the greatest criminal in all the ages
before. Here is a case that has fallen
flat without Orchard and all the testi-
mOny falls to the ground without the aid
of this foul fiend of numbering crime and
this is all the Pinkertons can produce to
US after more than year of work
Il ask your honor to instruct the jury
to sign up a verdict acquitting this de-
PENDANT "
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-06-22
A Lesson in Health.

Healthy kidneys filter the impurities
from the blood, and unless they do this
good healthi is impossible FoIey's
Kidney Cure makes sound kidneys
and will positively cure all forms of
kidney and bladder disease. II
strengthens the whole system. F. ]
Hill Drug Co.. 1.-THE Never Substi-
tutors"
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-06-22
STRIKE OF THE
TELEGRAPHERS
Continued from Page /.

ries which was granted by our company
a few months ago. This we consider ex-
orbitant; it would practically mean a sal
airy of 1924 d month, instead of 500, which
We now paw"
diction as to the length of the strike,
but intimated that if it continued a con-
siderable time operators would probably
be imported to take the strikers places
Asked about a strike bonus, Mr.. StorrOr
said that it would probably be paid later
on, but he was NOT prepared to say how
much il would be.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-06-22
POSTMASTER THOMAS
ALLOWED MORE CLERKS
fspeeiaI to The Heraid.)

J. Especial to The Heraid) I
) Washington, June A.-The post 4
+ master general has allowed the post 4
! master at Salt Lake City ten addi- 4
> tional clerks from July / I
! Timothy L. Sullivan of Eureka and 4
I John A. Jones of Salt, Lake City I
! have been appointed railway mail 4
; clerks. I
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-06-22
DEFENSE WILL HAVE TO
INTRODUCE TESTIMONY
Continued from Page T..

the evidence fails to disclose that he was
present, or that he was either an alder,
abettor or procurer or adviser of any one
connected with, or who committed the al
legged offense which compassed the death
OF the said Frank Steunenberg, in this,
10 wit: that the evidence which tends to
connect the defendant on trial Herewith
IS given solely and wholly by one Harry
Orchard, who admits that he himself was
guilty of the preparation thereof and
without the aid of the testimony of the
said Harry Orchard. the self-confessed
perpetratoT of the said offense. there is
no testimony or evidence which i'm any
wise tends to connect the defendant with
the commission of the said offense and
the said testimony and evidence of the
said Harry Orchard is wholly uncorrobo-
rated. within the meaning and intent of
section 7S1 of the revised statutes of the
state of Idaho.
Asks Court to Instruct.
Wherefore, the defendant, William D.
Haywood asks the court to advise the
jury to return a verdict in favor of the
defendant.
"E. F. RICHARDSON
JOHN F. NUGENT,
PETER BREEN,
FIRED MILLER.
EDGAR WILSON.
Attorneys for defendant, William ID.
Haywood
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-06-22
NEW IDAHO BANK.
(Special to The Herald.)

washington, June 2.-The application
of d. w. Davis, w. H. Philbr.ck, r. B.
Greenwood, T. w. st. John and George
p. McBurney to organize the First Ma
tional bank Of American Falls, Ida, with
s25 900 capital. has been approved by the
comptroller of the currency.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-06-22
BITTEN BY RATTLESNAKE.
Little Girl Meets Horrible Death Near
Colorado Springs.

Colorado Springs. June 2l.-Annie Friz-
yell, the 5-year-old daughter of Mr.. and
Mrs. John Frizzell, of the Woodbury.
ranch south of the city. met a sudden
and frightful death last night as the re-
suit of being bitten by a rattlesnake.
The fangs of the reptile pierced an artery
in the calf of the leg and death resulted
in short time.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-06-22
Situation in Oakland.

Oakland, June 21.-All the operators en-
ployed by the Postal Telegraph company
in this city obeyed the order to strike.
Nearly all of the employees OF the Western
Union obeyed the order, but it is said two
or three oft of the $50 teiegraphers there
remained on duty
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-06-22

hesitate to so rule
The court then explained that he would
rot review the evidence in a written opin-
ION, because there were two more defend
ants to be tried later
Court then adjourned until 10 o'clock on
Monday morning.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-06-22
Notice.

John N. Tagggart, the expert piano
tuner, formerly with the Cham beriain
Music Co., has Joined the Utah-Idahe
Music Co, go s. State street, where he
will receive all orders.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-06-22
Law and Facts.

Now, your honor, ] have shown Won
the law and l have given you the facts
as to the evidence. l have presented this
case with all candor
Iris case has been discussed from one
end of this country to the other-bv the
newspapers and by all people until we
found extreme difficulty in getting a Jury.
II seems TO me that to leave this case to
a jury from this community is to leave if
TO passion and prejudice when the rules
OF law ought to dispose of it here and
now If this were an ordinary case, BE-
heVe no court would be slow to act along
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-06-22

Mr.. Richardson, who had changed his
place 50 as to face the bench and stand
ing Just within the railing, commenced
his argument at once. Mr.. Richardson
opened BY reading from the statute of the
state of Idaho, which says that a convic-
ton cannot be had on the testimony Of
an aecomplice unless &c is corroborated by
other evidence which by itself and with
out the aid of the testimony of the &C
complete tends to connect the defendant
with the commission Of the crime. He
read a length from authorities and Opin-
ions bearing upon this point and upon the
uncorrOboTated testimony of an accom-
plice or CO-COnspiratOr, laying stress
upon the view that the confederation must
connect the defendant with the actual
commission of the offense. Richardson
took the testimony of Miss Cora Peabody
as an instance of the failure on the part
of the state to introduce evidence which
independently of the evidence of the &C
complete was sufficient to permit of an
Inference that the defendant was con-
nected with the offense charged. He drew
attention to the fact that Miss Peabody
merely testified that she had seen two
men near her carriage on certain night.
Orchard had said he was there, but there
was said Mr.. Richardson. absolutely no
INDEPENDENT CorrObOratOn. The two
statements taken together might create
an inference. but Miss PeabOdy's evidence
was worthless without Orchards tesu-
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-06-22

''Bkl Bkl We're cutr'
IL is said in the local office of the West
ern Union that there is a wire from Los
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-06-22
Senator Borah's Argument.

Senator Borah, who in behalf of the
prosecution opposed the motion, began by
congratulating Mr.. Richardson on what
he called his eloquent and moving adj
Cress. He then expressed the belief that
the prisoner would receive a fair trial IN
Boise. Taking up the principles of law
governing the testimony of accompiices,
he argued that the authorities did not &c
as far as the defense contended in dis
crediting accOmplices. He contended tha-
IT was s1Ot necessary that the corrObora-
tive evidence shot Id &C implicitly sustain
the charge. He said that the state alleged
that there existed a general conspiracy in
which tn leaders of the Western Fedora
tion of Miners were the principals. Tho
testimony of Orchard could DE entirely
left out of consideration and it would be
found that tho state had shown the exist
ence of the conspiracy. He contendcd
that, having established the existence of
the conspiracy and that one participant
in the conspiracy had gone to Caldwell. it
was not necessary to show that Haywood
was at Caldwell.
rs is customary in proving a conspir-
acy,' said Borah ito show a number of
acts having a common purpose or acts
and we can eliminate Orchards testimony
and show that the state has established
the existence of the conspiracy by other
proof
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-06-22
The Denver Witness.

There are some 100000 people in Den
yer, as claimed by we people who live
there and yet out Of all these people, they
bring one lone policeman from the beat
to say that he saw Orchard and Hay
wood together not to exceed three times
during all the period over which this con-
spiraey is supposed to have extended.
This is the only man-nO there is one
other. a coIOred man, who this morning on
the. stand said that he saw Haywood and
Orchard together for a few minutes"
The reading of authorities continued for
over half an hour. Once the court inter
rupteu counsel:
IF you have any Idaho authorities, Mr.
Richardson, I'd like to have them
Yes, sir, I am coming to them" said
Mr.. Richardson.
Later he quoted from two Idaho cases
where there was reversal because If the
failure of the state to convict on the tes-
timOny Of an accOmplice.
Passing from his branch of argument.
Richardson said he would pass to the dis
cdSsi0n Of the nature and effect of the
testimony. lie said he would pass over
the Caldwell witnesses and named all
those who had been called 10 prove the
presence of Orchard and Simpkins in
Caldwell and the murder of Steunenberg.
None of tn )se witnesses had in anV way
connected Haywood with the murder of
Steunepberg.
Taking up the San Francisco witnesses.
he went over the testimony of each y It
ness. from Mrs. Sadie Swan, the SER
want in the Bradley house. to the GARY
man who sold the milk. and the chemist
Tho found poison in II ana at the end Of
each ruling of the evidence, Richardson
said:
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-06-22
Motion OverruIed.

Judge Wood Immediately announced his
decision, refusing the motion.
1.-THE court Is thoroughly satisfied that
this cause should be submitted to the
jury. If I felt differently / would not
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-06-22
Sketched the Evidence.

Mr.. barrow sketched through the evil
dence, and, like Richardson, maintained
that without Orchard there was nc evil
denee to show that any officer or member
of the Western Federation of Miners
knew anything about the crimes to which
Orchard testified. The connection of
Orchard with the Vindieator mine, the In
dependence depot, the killing of Lyle
Gregory and the attempts on Bradley
were not supported, Mr.. barrow held, BY
any proof except by the word of Orchard
himself. The crimes had been committed
and Orchard says he is the guilty man,
but there is no one else to prove that
Orchard was there
Where is there a witness in this case
who has ever heard lisp of Haywood
connection with this conspiracy. We have
nothing but the testimony of a man who
is trying to convict three men to save
his own life"
the draft sent to Smpkins on Dec. n
Why he said, IF Haywood had sent 1t,
would he be guilty. Is Gus Paulson gull
ty of the murder of Steunenberg because
according to the evidence produced by the
state, Travelled to Caldwell TO kill Steun-
enbeTg?"
Darrow's Sarcasm.
Now vigorously denoUncing Orchard in
scathing words, now turning to counsel
again discussing the legal aspect of the
case. Darrow was the picturesque figure
of the afternoons argument.
THE state has promised to connect
eonnect-oonnect" he cried and, turning
to Senator BoTah, he sneered, Connect
with what? The rotten thread of the tes-
timony of Orchard. the traitor, the assas-
sin, the informer and the murderer"
In conclusion he appealed to the court
TO withdraw the case from the jury and
dismiss the case.
Motion OverruIed,
Judge Wood Immediately announced his
decision, refusing the motion.
1.-THE court Is thoroughly satisfied that
this cause should be Submitted to the
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-06-22
Many Authorities Quoted.

Richardson mentioned other testimony
for the state, as having utterly failed to
connect Haywood with the commission of
the crime He maintained and quoted
many authorities to support the contention
that the court was authorized and under
certain conditions obliged to instruct the
jury to dismiss when the testimony of an
accomplice was not sufficiently cOrrobo-
rated.
IF the testimony of a witness is as con-
sistent with the innocence of this defend
ant" said Richardson. with marked and
impressive emphasis, IF it is as consist
ent with his innocence as it is with his
guilt Ii will be your honor's duty-no
matter how unpleasant it may be-to in
struet the jury that the evidence is of no
value. The evidence produced here does
not. standing by itself. corroborate the
testimony of the accomplice Orchard, or
connect the defendant with the murder OF
Steunenberg.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-06-22
Argument of Mr.. Richardson.

Attorneys for defendant, William
Haywood"
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-06-22

There may appear some repetition in
repeat because | desire to impress upon
your honor's mind, beyond a shadow
doubt, that in all this mass of matter
there is no basis for the statement that
this evidence connects Haywood with the
murder of Steunenberg.
Truth. [volume] (Salt Lake City, Utah) 1901-1908, 1907-06-08
w. l.. DUNN,
Attorney,
2I2 SOUTH MAIN ST.
SUMMONS.

In the District Court in and for the
Third Judicial District, Salt Lake
County, State of Utah
Alameda Breisford, plaintiff, vs.,
Charles l. Brelsford, defendant
Summons.
The State OF Utah to the said de-
PENDANT:
You are hereby. summoned to APP
pear within twenty days after the
service of this summons upon you,
if served within the county in which
thic action is brought; otherwise
within thirty days after service, and
defend the above entitled action; and
in case of your failure so to do, judg-
ment will be rendered against you
according to the demand of the com
plant which has been filed with the
clerk of said court. This action is
brought to recover judgment dis
solving the bonds of matrimony here
to fore existing between you and the
plaintiff.
w. L. DUNN,
Plaintiffs Attorney,
Address, 2I2 Main Street, Salt Lake
City. Utah.
Truth. [volume] (Salt Lake City, Utah) 1901-1908, 1907-06-08
TRUTH

his right side. What do you suppose
it can be?"
I'll may be appendicitis. | should
feel that it was my duty to call in a
specialist to diagnose the case. Shall
ask Doctor Cutting 70 CALI"
We'll, won't you look at baby's
eye? 1t is badly in1amed."
81 m afraid | should not feel at lib
erty to prescribe, but can safely rec
ommend Doctor Gazzum."
But, doctor, won't you give me
something to stop my headaches?
I've been having them for week or
more
Let me see. Doctor Faynesworth
is an expert in such matters. | will
ask him to call at his earliest con-
venience."
well, doctor, my father, who lives
here with us, got his feet wet day
before yesterday and caught cold.
Will it be necessary to call in a spec
ialist for hjm?"
Truth. [volume] (Salt Lake City, Utah) 1901-1908, 1907-06-08
w. l.. DUNN,
THE DAY OF THE SPECIALIST.

The good old family physician, with
his knowledge of all the aches and
pains from grandfather down to
baby, is rapidly disappearing down
the back entry of Time In his place
comes whole army of doctors
Specialization has its drawbacks, as
Mrs. Easleigh, whose case is reported
in the Chicago Record Herald, found
out.
Doctor" she said, as the family
physician entered, I'm awfully wor-
red about Willie. He has terribly
sore throat, Won't you please step
upstairs and see him."
IF the trouble is with his throat,
it will be best to have specialist
look at him, I'll ask Doctor Probes
leigh to call
And Elsie has swelling in her
ear. Won't you please look at it?'
Doctor Spriggns is an ear spec
iaist. 1t will be best to have him eX-
anime it,
And my husband has been COM
planning for several days of pain in
Truth. [volume] (Salt Lake City, Utah) 1901-1908, 1907-06-08

cause had to give Edith a farewell
lecture before | dared let her go
home alone. She's such a child-at
twelve! She doesn't see why, if a
stranger stares at her, she shouldn't
stare back again as long as he does
and let him see how uncomfortable
it is. Isn't she absurd?
you see, | can't bear to tell her
all the dangers a young girl runs in
city like this, and | wouldn't explain
to her, either, what kind of girls the
ones who stare back again are al
ways judged to be; so | just tried to
make it plain that it's an underlined,
common thing to do. And | took
your name in vain, my dear. told
her that any girl who wanted a model
for perfect behavior in public places
would do well to watch a real lady
like Florence Clifford" - Youths
Companion.
Truth. [volume] (Salt Lake City, Utah) 1901-1908, 1907-06-08
HAMER & BUCKLE,
Attorneys,
5o4 MCCORMICK BLK.
SUM MONS.

In the District Court of the Third
Judicial District of the State of Utah,
County of Salt Lake.
Mary E. Fahy, plaintiff, vs., Law
renee Fahy, ACCOMPLISHMENTS.
The State of Utah, to the said de-
PENDANT:
You are hereby summoned to APP
pear within twenty days after the ser
vice of this summons upon you, if
served within the county in which
this action is brought, otherwise,
within thirty days after service, and
defend the above entitled action; and
in case of your failure so to do, judg-
ment will be rendered against you &C
cording to the demand of the COM
plant, which is filed with the clerk.
This action is brought to cover
judgment dissolving the marriage
contract heretofore existing between
you and the plaintiff
HAMER & BUCKLE,
Plaintiffs Attorney
p. O. Address, 422 Mccormick Bldg.
Salt Lake City, Utah.
Truth. [volume] (Salt Lake City, Utah) 1901-1908, 1907-06-08
A MODEL OFF GUARD.

Florence was looking her prettiest
i'll a dotted muslin gown with white
lilacs dropping from her broad-brim-
med hat She had known for long
time that the well-dressed man who
sat opposite her in the suburban train
was boldly admiring her face in the
mirrod, and at last, in spirit of dar-
ing, she lifted her eyes and met the
reflection of his-fully, steadily
There were mischievous dimples in
her cheeks at first but as he leaned
forward eagerly, something in his
glance scorched her, and she turned
her face away, flushing crimson.
When the train reached the station
size brushed past him with eyes
straight forward, but, as she hurried
down the street, she noticed by the
shadow in the windows that he was
close behind her. 1t was probably
chance, she told herself, until, turn
ing into one of the shops and paus-
ing to make purchase, she saw him
lingering near. She fastened ner-
vously to another department; he fol-
lowed again and waited again, cycling
her always with that long gaze which
changed TO an insinuating smile if
she accidentally looked in his direc-
ton.
Florence began to be not only
ashamed, but frightened. Paul Kings
ley's mother was to meet her at this
counter, and they were to lunch to-
gcther AS she hesitated, remember
ing this, the stranger pres ID nearer,
and with a sudden impulse she turned
to an usher
This man is annoying me- she
said in low tone.
What you mean, sir?' the usher
demanded, curtly.
Ask her what she means the man
muttered under his breath. 81 don't
90 where Pm not invited"
For an instant the usher looked sus-
piciously at the pretty girl Then a
new voice hailed Florence, and the
stranger, after one glance at the tall
MISUNDERSTANDING woman who
had appeared, drew back hastily.
MY dear, I've kept you waiting"
Mrs. Kingsley began, without notic-
ing the men, as Florence promptly
turned away with her. "l'm late be-
Truth. [volume] (Salt Lake City, Utah) 1901-1908, 1907-06-08
GUARDING THE PRIZE PIG.

In 1888 the average price of steel
rails was little over twenty-nine dol
lars ton. In the next ten years the
cost of making rails at the Carnegie
mills declined about fifty per cent;
but the price did not decline fifty per
cent or any per cent whatever.
In 1901 we were told that the Steel
Trust would effect important savings
i'll mill cost. Since then the volume
of trade, as measured by pig iron,
has increased sixty per cent, which
is favorable to lower mill cost But
the price of rails does not fall. The
pool monopoly holds it firm at TWEEN
ty-eight dollars. Prices of other pro-
ducts have rather advanced.
Any steel man will scout the idea
that we do not produce steel cheaper
than the foreigner While producing
cheaper we must still have the tariff,
in some mysterious way, to prevent
fall in wages through competition
with Europes pauperized labor
In 1903, commenting upon Republi-
can defeat, which was attributed
largely to the bloody Homestead
strike of the year before, President
Harrison said the fact that the work
mems wages were the highest in the
world, due to protection, was obs
cured by the passions evoked by the
contest"
But the Homestead strike resulted
in a reduction of these wages. The
great decline in cost of making rails
at the Carnegie mills was due in part
to the readjustmen. of wage scales
which the overthrow of the unions
made possible The tariff did not pro-
tect excessive" wages. 1t merely
protected excessive profits.
We mention these things, incident
ally, because results achieved in the
iron trade in 1906 have been so fond
ly trotted out as indicating high
protection-the most notable of said
achievements consisting of the vast
net profits of the trust.
Saturday Evening Post.