The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-07-18
DEFENSE RESTS.
Testimony Is All in the Case of
w. ID. Haywood
Charged With the Murder of
Governor Steunenberg.
ARGUMENT BEGINS.
ARGUMENT B
On the Character of Instruc.
tiOns to the Jury.
Darrow Makes Vigorous and
ImpassiOned Address.

all in. Analysis and argument begins
tomorrow and within the next seven
days the fate of William D. Haywood
will rest with the jury.
The session this morning was given
| up to Clarence Darrow, who in behalf
OF Haywood, argued that the showing
of the deportation from Cripple Creek
during the strike period and the con-
/ nection of the Pinkerton detectives and
| hired gun men" should be allowed to
go to the jury
/ Mr.. Darrow reviewed the Colorado
| situation. He charged the mine own
! ers and detectives with planning a
! fake wreck on the Florence & Cripple
Creek railway, with blowing up the In
| dependence depot and with fostering
riot and disorder through hired thugs.
Darrow was impassioned and hurled
invectiVe without stint at the detec-
tives and at Orchard. He closed with
a whirlwind appeal for the right to show
a conspiracy against the Western Fed
Grafton of Miners.
The defense rested Immediately after
court opened this morning and without
calling a single witness in sur-rebuttal
Judge Wood announced that the open
ing argument for the state to the jury
would be made tomorrow morning by
James HaWley.
The jury was not brought into court
today, the day being given over to the
consfdera ton of instructions to be
given the IL men who have the life of
the defendant in their hands. On this
subject Judge Wood heard the views OF
opposing counsel, who were requested
to give their opinions as to the ma
teriality of the evidence showing de-
portations and the employment of de-
tectives by the mine owners and citt-
zen. of Colorado.
Clarence Darrow was the first to
speak today. His speech was preceded
by a brief announcement on the part OF
Senator Borah that the state would not
oppose the striking out of that part OF
Harry Orchards testimony, which
dealt with his talk to Steve Adams and
northern Idaho and getting rid OF
some claim jumpers" Judge Wood
called attention to this testimony yes
terday and added that he had not be-
lieved it had been connected in any way
with the defendant Haywood.
Too Late Now.
1--WE objected to that testimony when
it was admitted" declared Mr.. Darrow
for the defense, "and we do not think
that striking it out now will right any
wrong that was done by it. We will not
ask that it be stricken out"
But you will not object to the court
instructing the jury in with reference
to it?" asked Judge Wood.
mo, sir, we can't do that" replied |
Darrow, land while 1 do not at this |
time criticize the court for the lati- |
tude it allowed the state in this case, |
there seems to be no disposition to |
limit it's testimony in any particular
as to some great, general conspiracy |
by the Lord only knows whom"
Beginning with the Occur d'Alene |
troubles of 1899, Mr.. Darrow called het |
courts attention once more to the /
fact that William D. Haywood at that |
time had nothing to do with the gen.
eral organization of the Western Fed
Grafton, but was an obscure member
Of a local union in Silver City, many
hundreds of miles from the scene of
the disorders. AS to the employment
of detectives, Mr. Darrow declared
that most or practically all of the tes-
Pinkertons and it would be impossible
to disassociate them and their methods
from the issue. Taking up Orchards
crimes as confessed by him, Darrow
compelled, in refutation of a charge of
having murdered Frank Steunenberg,
to meet all sorts and conditions of al
legations Continuing he said:
1.-THE state was allowed through
Orchard to bring in something about
an alleged attempt to wreck a train |
and of course this defendant was held
up as the guilty party. was 1t i'm
material for us to show that the at
tempt was made by detectives in the
employ of the company and Mine
Owners association? I think not
Neither is it incompetent for US to
show that the men who perpetrated
the crime merely wanted to create an
|
wreck so as to trump up another
charge against the Western Fedora
ton of Miners"
The Bradley Explosion.
AS to the Bradley explosion claimed
bv Orchard, Darrow said it was en-
tirely competent to produce testimony
that the explosion was caused by gas.
IT was also the proper course, he said,
TO show that the Vindicator mine in
cident might have been an accident
rather than the result of design.
Mr. Darrow spent some time in dis
cussing and citing authorities as to the
of the evidence showing
threats on the part of Orchard against
Governor Steunenberg. He declared
that if there was any question as to
the relevancy of any official testimony
in the case the doubt should be re-
solved in favor of the defendant.
Mr. Darrow charged the Independ- |
ence explosion directly to K. c. Ster-
a association. Three undisputed wit ,
nesses, he declared. had told of seeing
Orchard "sneak into Sterling's room
at night on at least fifteen occasions. !
The explosion was a part of the con- |
spiracy the attorney asserted, of the ,
men who were engaged in the laud-
able occupation of driving out every
thy with the Western Federation of
Miners the men who defied sheriffs
and courts and set themselves up as
the only competent judges"
Sterling sat in the court room for a
week and was not called, said Mr..
Darrow. and this he took as an admiS-
sion of the testimony of three wit
nesses who saw him so frequently in
with Orchard.
At any rate, he added, these wit |