The sun. [volume] (New York [N.Y.]) 1833-1916, 1907-07-20
HAYWOOD ARGUMENT BEGUN
ATTORNEY HAWLEY PRESENTING
CASE FOR THE STATE.
Will Continue Address 60 the Jury To-day
court Rules Out Much ef the ENt-
dence Presented by the Defence re
EardiDk Conditions During Strik Q war.

dence Presented by tho Defence re
gsrdiDk Conditions During STRIKE War.
BOISE. July Ie.-Haywood's jury filed
into the court this afternoon to listen to
the first OF the four arguments that will
be made before the fate Of the secretary
Of the Western Federation OF Miners is
finally committed to their keeping.
lawyer Hawley opened for the prose-
cution and was still talking when the court
adjourned for the day.
He got all the time he wanted for the
conclusion Of his argument.
On Monday Lawyer barrow will open
for the defence. being followed by Lawyer
case for the State.
Before the Jury came in Judge Wood
handed Town an opinion excluding from
the case a very large part of.the Testimony
that has been permitted to 80 on the record
H. was the testimony that was made the
subject Of the arguments that occupied
all day yesterday. Both sides suffered
through this opinion. but most OF the testi-
mony that was excluded was offered by
witnesses for the defence. The State had
offered some evidence about a talk Orchard
had with Pettibone in which he told him
Steve Adams had gone into northern Idaho
to help Jack Simpkins. as executive board
member Of the federation, drive out some
timber claim Jumpers.
The Court held that this testimony had
in no way been connected with Hay wood
and therefore must be stricken out.
The opinion then took up the materially
OF the evidence offered by the defence. deal
ing with a long series Of acts Of violence.
deportations Of miners and destruction'of
property OF the unions in Telluride and The
Cripple Creek district. and also with the
employment Of Pinkerton detectives TO get
entrance TO miners unions. all OF which
was admitted on the promise Of counsel
to show that it tended TO prove that the
variou acts which Orchard said he COM
mitted were not committed by him. or il
committed by him we're procured by per-
sons other than the defendants. On this
point the Court said:
In the opinion Of the Court no evidence was
introduced BY The defence even pointing 20
or indicating that the acts Of violence testified
TO by Orchard. II actuhlly committed by any
one, we're committed by another person
than as testified to by the last named wit
ness.
Neither j. there any evidence from which
II might he inferred that any individual asso-
citation or other combination OF persons
procured any other person 10 commit said acts
Of violence. n they were committed. than as
testified to by said witness.
~ the inrlhest me testimony lhir"onceu
would only furnish a mouVe perhaps ror
some one Else 10 coinhh' "r procure 'ne '"i"-
""iyad .hinh wars ,ss,iasd Ia in h.n.If of
the State.
The testimony introduced by the defence In
relation 10 tha danosi,ions The dest ructiou of
n.o,ar,v hoIo,oino 10 ,ha loon, uniops az n.
xss,srn Esdors,inn Of Ninsys and the yarious
cone,c,s bst wsen the union miners and ,heir
zens' Alliance and the Mine Owners Associa-
tion does not point to any one. or even indi-
cate that any particular person either COM
mitted the acts Of violence complained of or
procured Orchard TO commit such acts Of VIC
Isnce And IN the ahsenc. o, snv connec,inv
svidance the Cour, feeis comnelled TO take
,his evidence from The iurv and instruct them
-, ~ III di.rs,ard 4, tn ar1yine at ths,r var
.""S RI aeanS ~. Go, a. ,h,s roa,,ar
ulc'. Ihs acion o. " S ~. ~ w., ~ a.
Is pernaps an unpIeasan. uu.y. ow 70
sponsioilty tnst 'ne Cou,t snoI,snt sn'.
from itself TO the Jury when called upon Tor a
final consideration OF this case.
.Judoe Wood said that counsel for the de-
fence had urged that IL this testimony
sbould be withdrawn from the i,iry the Court
Rhnnl6 also Withdraw all testimony given
hv 0rchard CONCERNING ,be various crimes
he told about. hut added that this should
only he done on the theory that. Orchard
being a coconspirator and accomplice. his
testimony had been found TO be entirely
without corroboration. Judge Wood went
on:
The Court ls clearly OF the opinion that thers
IN suffcient confederation TO necessitate the
submission Of this evidence TO the jury and
that the same reasons for Withdrawing this
evidence do not exist as to the evidence OF de-
portations and other acts Of violence in the
Cipple Creek and Telluride country.
-
MS done inc Sourt oroereo the Jury
brought IN. Sherln hodglns went 70 tine
rear door az the top OF the balcony ano gave
a hail. hey has, ne shouted, addressing
Deputy Sherln beemer. jury.
The twelve men trampeo up the stairs
a few moments later and took their seats.
The court room was by this time crowded TO
the doors. The heat was insufferable and
the flies numerous. All the baldheads
had a bad afternoon
Lawyer Hswley. big. broad shouldered
and dignified. began his Iabors with the re-
quest that the jury would pardon him IL he
he had been under the weather for several