The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-07-20
. tempted acts of violence in the city of


the destroying of property belonging
TO the local unions of the Western
Federation of Miners and the various
CONNECTS between the union miners
and their sympathizers and the Mine
owners association, and the militia
and the various citizens alliances,
does not point to any one, or even
lndlcated that any particular person
elther committed the acts of violence
complained of, or procured Orchard
10 commit such acts of violence. And
In the absence of such connecting evil
dence the court feels compelled to
take this evidence from the jury and
instruct them to totally disregard it
IN arriving a their verdict.
Counsel for the defense urges that
II this testimony is withdrawn from
the jury all evidence involving the
indicator explosion. the Indepen-
dence depot explosion and other acts
of violence and attempted acts OF
violence in the state of Colorado tes-
titled to by the witness, Orchard,
should be withdrawn from the jury.
This evidence the court has no power
to withdraw from the jury unless up
on the theory that the witness, Or
chard, being an accomplice and a CO.
conspirator. his testimony in relation
thereto might be tound to be entirely
without confederation.
States Evidence Connected.
The testimony of the state, for
whatever it may be worth with the
jury, connects the defendant on trial
directly with the various acts of vio-
lence involved in the evidence of the
state, so far as they apply to the
state of Colorado, while the testimony
OF the defense, which will be with
drawn from the jury does not point
TO or indicate that any other person
or persons either committed such acts
sion thereof
The defense noted an exception to
the whole of the decision.
Immediately after the courts decision
had been filed the jury was called in
and the opening argument of the state
was begun by James H. Hawley.
Mr.. Hawley has been ill for a week
past and looked in bad physical condi-
ton as he began his argument in a low
voice He congratulated the jury on
reaching the end of what he termed the
most important criminal case which has
ever passed into the hands of any jury
IN the United States. All that the state
desired, he declared, was that equal and
exact justice should be done.
The attorney plunged almost immed-
lately into the confession of Harry Or
their case He characterized the story
as the most extraordinary recital ever
heard in court room.
Harry Orchard told his story in no
spirit of boastfulness," declared Mr..
Hawley, nor did he tell it in a spirit of
Harry Orchard has no more hope in his
future than he has pride in his past.
He expects no earthly reward. In the
light of an awakened conscience he told
the truth with no desire to shield him
self or anyone else"
Mr.. Hawley asserted that the truth of
Orchards story, instead of being shak-
en-, was strengthened by the cross-ex-
animation. Sin-stained criminal though
he is, Mr.. Hawley asserted that Orch
ards story stood the test of fire, and
left the impress of truth upon all who
heard it.
Touching the ''Kidnaping.''
The state. Mr.. Hawley said, had cor
roborated all of the important details of
orchards testimony. The contra dictions
in the defense came only from witnesses
who had been parties to the confessed
crimes or proven perjurers. He ex-
pressed the belief that Orchards story
would bring to justice the worst set CT
ton of the United States"
Referring to the laws of conspiracy,
Mr.. Hawley said that if combination is
shown to exist every person connected
with it is equally guilty with all the
others for every act, deed. or utterance
out of the conspiracy.
AS to the method of bringing Meyer,
and Pettibone to Idaho from
Colorado. Mr.. Hawley said the course
adopted was the only one open to the
prosecution, and had been passed upon
by the highest court of the land. Coun-
sci for the defense would dwell upon the
matter, he said, but it would merely
be an effort to divert the minds of the
jurors from the real issue involved and
to incite possible i'll will in their minds
against the prosecution or some mem
Der of it.
The Lawyers Clash.
Under the laws of the state of Idaho
an accessory to murder is regarded in
the same light as the murderer himself,
and if absent in body at the time of
the commission of the crime is regard
ed by the law as present in spirit The
presence of the defendants in the state
Of Idaho at the time of the death of
Governor Steunenberg was sworn to by
the county attorney in the light of that
law"
Mr. Hawley, taking up the crimes
confessed by Orchard. went first into
the details of the wanton blowing I'D
Of the Bunker Hill and Sullivan mill in !
northern Idaho in 1898, and the destruc- |
ton Of $Z50000 worth of property No
member of the union ever uttered a |
word of condemnation of that mob. No
word of condemnation ever appeared in |
the Miners Magazine, Mr.. Hawley de- !
clared, and was interrupted by Attor- |
ney Darrow, of the defense, who as |
serted that no such evidence was in the |
record.
There was a rapid exchange of per-
sonalities between Mr.. Hawley on the |
one side, and Richardson and barrow |
On the other, during which the former |
accused barrow of having made asser- |
tons in his opening address to the jury |
which had not been borne out in any |
particular in the evidence
Perjury Freely CHARGED.
Mr. Hawley and counsel for the de- |
tense would endeavor to arouse sympa-
.hy for the men in the military bull |
pen and to incite hatred toward the |
because of the bull pen. It |
was as an outgroWth of this that Frank
5teunenberg lost his life. AS to the |
men who were placed in the stockade, |
Mr.. Hawley proclaimed them fortunate |
hat they escaped ascending the scat
'old.
After dwelling upon the Bunker Hill |
outrage for an hour, Mr.. HawIey final |
y dismissed it with the declaration that |
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