The Colorado statesman., 1907-07-20
EvIDEN CE is I'M
PROSECUTION IN HAYWOOD CASE
BRINGS CASE TO SUDDEN
CLOSE. y
MAY THROW OUT COLORADO
-acs That HawIey and Neville Were
NOT Put on Witness Stand Leaves
Orchards Testimony Pat.


Boise, Ida.-The great case of the
peopie OF Idaho vs. William d. Hay
wood Is slowly nearing its end. The
rosecution unexpectedly closed it's
sase and the defense's sur-rebuttal and
fne Judges instructions should be dis
posed OF quickly, so that the attorneys
VIII probably commence their argu-
ments by Monday morning. These ar
suments will lass six days.
When the state announced that 1t
mad closed, Charles Neville, the young
nan who was with Orchard the night
the latter says he blew up the Inde-
osndence depot; K c. Sterling, the de-
!sctive employed by the Teller county
onne owners and who is charged by
the defense with planning the Indepen-
renee and other outrages; Nelson
FRANKLIN. Clarence Hamlin and A. e.
carlton were all In the chairs reserved
TOT witnesses, waiting to be called. The
tailure to put them on the stand caused
much comment. 1t is said that the
state feared the testimony of more
flnKertons and mine owners would
only hurt its case.
IL has been apparent that the wit
nesses secured by the state for rebut-
49, "SiS hot Audhiu5 d ldNOTdDle I'LL
preston. This was due in a measure
to Mr.. Hawley's handling of them. but
TO greater extent to the gruelling
cross-examination of Richardson.
AS an example of the showing made
by some of these witnesses the testi-
mony of o. M. Sackett, the superin-
tendent of the Telluride Power Com
pany, may be considered. The wit
ness admitted assisting in the deporta-
tion of union miners. I'VE decided to
deport all undesirable citizens from
Telluride" said he. He admitted that
A. H. Floaten was an exemplary citi-
zen. He said ne saw Floaten covered
with blood detained on a vacant lot,
hatless, coatless and shoeless, while
his wife brought him clothes.
He excused the treatment of Floaten
by saying that he made speeches and
harbored the unionists.
Don't you believe in free speech for
everybody" asked Richardson.
Il do, providing their speech is what
1t should be-" said Sackett.
There was derisive laughter at this,
and even Judge Wood turned to the
correspondent with a deprecating
smile
Asked to explain "harboring union
lsts," Sackett said Floaten was giving
them supplies from his store on credit
Don't you know Floaten breaches
the doctrine of non-resistance?" asked
richardson.
Yes"
THAT If struck on one cheek he
turns the other?"
Il never saw him do that" said
Sackett.
Judge Wood announced that he
might strike out all the evidence Of
fered by the defense relating to the
conditions in Colorado. Should he in
sist upon this the defense will be seri-
ously crippled in making it's appeal to
the jury. He will listen to arguments
On this point
The defense will call the jury's at
tention to the states failure to call
Neville and Sterling. Hawley had Ne
Vile sworn but dismissed him before
he could take the stand The chief
prosecutor called Sterling's name once
but there was no response and he
made no attempt to find the missing
witness AS matters now stand the de-
fense's charge concerning the relations
between Orchard and Sterling must go
uncontradicted and there is nothing be-
fore the jury to controvert Friedman's
allegations concerning the methods of
the Pinkertons.