Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-07-18
THE ARGUMENTS TOMORROW
Jury Was Not Brought Into Court
Today.
CONSIDERED THE INSTRUCTIONS
Details Of the Testimony Reviewed by
the Court and Attorneys
on Both Sides.

BOISE, July 1S.-The defense rested in
the Haywood trial Immediately after court
opened this morning without calling a sin
gle witness in sur-rebuttal. Judge Wood
announced that the opening argument for
the state to the jury would be made tomor-
row morning by Attorney James H. Haw-
ley.
The Jury was not brought into court
the day being devoted to the consideration
of instructions to be given the twelve men
who have the life Of the defendant In their
hands. On this subject Judge Wood heard
the views of opposing counsel, VINO were
requested to give their opinions as 10 the
materially Of the evidence showing de-
portations and the employment or detect-
ives by the mine owners and citzens OF
Colorado.
clarence barrow was the first to speak
TO-DAY His speech was preceded by brief
announcement on the part of Senator 30
rah that the state would not oppose tne
striking out of that part OF Harry Orcnaro
testimony which dealt with his tank 70
steve Adams and Pettibone as to Adams
going into northern Idaho and getting RID
of some claim jumpers
Called Attention to Evidence.
1udge Wood called attention to this tes-
t,monv Yesterday and indicated that he did
not believe II ndQ peeli SohihSSeoO 40 >>-'
wav with the defendant Haywood
eve objected to that testimony when 1t
WAS admitted" declared Mr.. barrow for
the Defense land we do not think that
striking it out now will right any wrong
that was done by IT. we VIII not ask 1nat
1t be stricken out"
But you will not object to the court in
structing the Jury with reference to it?'
asked Judge Wood.
NO. sir; we can't do that" replied OAR
row. and while do not at this time crit,
disc the court for the latitude 1t allowed
the state in this case, yet 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 dAlene trou-
bles Of 1899, Mr.. barrow called the court s
attention once more to the fact that Will
liam D. Haywood at that time had moth.
ing to do with the general organization Of
the Western Federation, but was an OBJ
scure member of a local union In silver
City, many hundreds of miles from the
scene of the disorders.
The Employment of Detectives.
AS to the employment Of detectives, Mr.
barrow declared that most, or practically
all. all of the testimony In the case was
secured by Pinkertons. and 1t would be
tmnossible to dissociate them and their
methods from the issue. Taking up
Orchards crimes as confessed by him, Mr.
barrow said, the defendant at bar was
comnelIed in refutation of a charge of hav-
ing murdered Frank Steunenberg, to meet
ali sorts and conditions of allegations.
1.-THE state was allowed through Orchard
to bring in something about an alleged at
tempt to wreck a train, and, of course
this defendant was held up as the guilty
party. Was it immaterial for us to show
that the attempt was made by detectives
in the employ of the railway company and
the Mine Owners ASSOciatiOO3 think
not. Neither is it incompetent for us to
show that the men who perpetrated the
crime merely wanted to create an impress
sion or appearance Of train wreck SO as