The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-07-18
Prosecution Announces That
Its Evidence Is All In
In the Case of w. ID. Haywood
Charged With Murder.
ARGUMENT FRIDAY.
End of the Trial Is Expected
Within a Week.
Much of the Testimony Likely
to Be Thrown Out.

Boise, Idaho, July 1S.-An exodus of
witnesses in attendance on the Hay
wood trial commenced in earnest today
and by tonight most of them will have
left town. Since the case commenced
IL is estimated that at least 500 have
been in town at different times. The
force of detectives will also be reduced.
The state of Idaho rests content with
the evidence it has introduced to prove
that William D. Haywood, the secre-
tary-treasurer of the Western Fedora
ton of Miners conspired to kill and
therefore murdered Frank Steunenberg.
q former governor of the state. Possibly
some witnesses will be called in sur
rebuttal, but Haywood's counsel an
nounce that the case may close without
further evidence. Judge Fremont Wood
has invited argument on his own pro-
position to eliminate certain evidence
from consideration by the jury and pro-
badly a day will be taken to present
the views of both sides as to the in
structions to the jury. On Friday
morning argument is expected and the
last stage of the trial will have COM
menced. After having dismissed the
jury yesterday afternoon, Judge Wood
stated his opinion that the evidence in
troduced by the defense to prove 4
conspiracy on the part of the mine OWL
ers, by showing the deportation of I'M
ion miners from the Cripple Creek dlS-
trict of Colorado, during the strikes of
1903 and 1904, was not material to the
issue involved and should not be sub
mitted to the jury. On the other hand,
he said, the showing by the state that
Steve Adams was concerned in the kill
ing of two men in the Occur D'Alene
district did not appear to the court 10
be germane and should be eliminated
He announced, however, that the court
would hear arguments on these points.
Further, the court asked that requests
for instructions be submitted at once
Judge Wood has already stated that
by putting counsel on notice in the
main points of which he would in
struct the jury, he hopes to consider
ably shorten the arguments.
Another announcement by the court
was a determination to conclude the
case within the next week. Judge
Wood said he would hold three two
hour sessions daily during the argu-
ments. L. F. Richardson protested
against this but he met with no en-
enlargement
J. H Hawley will open the argu-
ment for the state and E. F. Richard
row will close in behalf of Haywood
and the final argument will come from
Senator BOrah.
The state called but two witnesses in
rebuttal during the day, notwithstand-
ing Mr.. Hawleys statement that eight
or ten witnesses remained. At the last
moment the prosecution decided not
to call mine owners or PinkertOn de-
IeCIlNeS DeneVlnS lnlS would SIrenSLn-
en- their case before the jury. AS a re-
suit of this decision a number of in !
teresting witnesses will not be heard. |
Buckley Wells, formerly adjutant
general of Colorado, and recently !
elected a railroad commissioner in |
that state, left Boise yesterday. He
was in command of the militia called |
out during the labor troubles in 1903 |
and 1904 and was the man who dug !
up the bomb, where Orchard said he |
placed it. at Judge GOddard's gate. |
Captain James MCFARLAND, the super
intendent Of the western division of
the Pinkerton Detective Agency, who, |
it was expected would be one of the |
most picturesque witnesses, was not |
called. Captain MCFARLAND has had |
charge of the case since the arrest of |
Orchard.
The witnesses examined were from
Colorado and gave vivid accounts of |
mines.
The last witness of the day and the
last witness of the state was William |
Stuart. Scotchman, red bearded and |
retaining the burr of his native Ian
guage on his tongue. He was a miner
in the Cripple Creek district during |
the troubles and told a terrible story
of maItreatment at the hands of min |
ers who had warned him that he |
would have to take the consequences |
II he went to work as a "scab." With |
native stubbornness Stuart went to |
work. however, and with native wit |
he told the consequences.
Mr.. Richardson dismissed the wit
ness with the words: That's ALL"
Stuart wheeled out of the witness
chair and as he stepped down he said:
Hump, well. there's more If We want
It," and with this the prosecution
rested