The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-07-17
END is IN SIGHT.
Argument in the Haywood Case
TO Begin Friday
Ii Present Probabilities Shall
Be Realized.
ONLY ONE WITNESS
Was Heard at the Morning Ses-
sion of the Court.
He Told of the Troubles at the
SmuggIer Union.
ONLY ONE WITNESS

/ evidence in the Haywood trial will be
! concluded this afternoon and as the
case now stands it is likely that the
/ defense will also close it's case. Argu-
ments may begin on Friday.
Q. n. -Sackett. one of the officials of
the Smuggler-Unio mine at Tel
luride, Colo. was the one witness un-
der examination this morning. He
gave an interesting account of the con-
ditions existing in Telluride from 1901
to 1904 and leading up to the declara-
ton of martial law. An interesting
piece of documentary evidence intro
agreement entered into in 1901, be-
tween Edward Collins. manager of the
Smuggler-Union mine, and Vincent ST.
John, president of the local union of
the Western Federation of Miners.
Under this agreement st. John agreed
to stop the attacks upon the Snug
Egler-Union mine as agreed between
himself and Mr.. Collins. Under cross
He justified the action of the citizens
in taking the law into their own
hands prior to the arrival of the mill
tia and described the conditions as
loving people.
Sur-rebuttaI to Be Short.
On the opening of court this morn
ing Attorney Richardson notified the
state that the defense desired three of
the state witnesses to remain in town.
Judge Wood announced that prior to
the opening of argument he would
notify counsel as to the main points
in the evidence on which he would in
struct the jury. Clarence Darrow,
rebuttal for the defense would be very
short.
Judge Wood said that while he
would not limit the attorneys in the
re ho h0 h in
crease the court hours so as to get
through as quickly as possible. The
lawyers were inclined to protest
against this, Mr.. Hawley for the state
announcing that he had been anything
but well during the, past few days. He
said he might have to temporarily
abandon the examination OF witnesses
if he felt no better. The matter of
arranging the hours for argument was
finally left in allegiance.
o. NJ. Sackett of Telluride, Col, for
Is years an employe of the Smuggler
Union mine, was the first witness of
the day. He told his personal exper-
fences in the big riot at the Smuggler
Union, in 1901, when he said that he
and several other employees of the
mine were compelled to run perfect
hail of bullets In order to get to the
mine.
'sWho was the head of the union in
Telluride at that time?" asked Haw-
Vincent st. 7JOnn.
The witness next told of negotiating
with ST. John to have the firing stop
ped and reaching an agreement with
him.
The defense .Gtad ,objseGted to s several 11aod Of
Wood sustained them.
Court Drops a Hint.
ST will say" said Judge Wood,
Significantly, that the court regards
as very doubtful the materiality of the
testimony the state is trying to rebut."
Mr. Hawley said he thought as the
tense had been allowed to go into the
matter of deportations etc, from
Cripple Creek and Telluride, the
state should be allowed to make a |
showing on rebuttal.
into Details said Judge Wood.
''In that CASE replied Mr.. Hawley, |
sI will assume what the courts in |
structions will be as to this testi- |
mony 2"
I'VE will see as to that when we
come to it," chfmed in Darrow
The witness was allowed to state |
that as a result of the negotiations he
had with ST. John an agreement be-
tween Edgar A. Collins, assistant man
ager of the mine and st. John of the
union, was drawn up and signed. The
agreement when offered in evidence
was objected to by the defense Judge
for some little time, decided to admit
the naner and it proved probably one of
the most interesting and important ex-
hibits of the trial. 1t was dated July |
3. 1901. in which the miners union
agreed to refrain from violence for
three days" The agreement was in
part as follows:
aft is hereby agreed between the
miners union by V. ST. John. president
and the Smuggler Union M S. COM
Many bv Edgar A. Collins, assistant
that all work on said mine
shall cease for a period of three days
ending Friday, and that sa1d miners
nnion will refrain from violence as to
the person and property for the same
period The said Smuggler Union
mine may employ four guards during
the period.
The Killing of Collins
The witness then told of the killing of
rthur Collins superintendent of the
nine. the disappearance of several min
9rs in the district and various disorders
He said the men were afraid to work,
hat many of these were shot at on
,ause of these conditions that troops
we're brought into the district and mar
tial law proclaimed.
On cross examination Sacketu said the
trouble in 1901 lasted only three days.
Then the agreement went into effect
and the matter was settled.
And everything continued peaceful
n the district until late in 1905. didn't
t?' asked Richardson.
well. there was a sort of armed neu-
.rality.'
I'm the trouble of 1901, do you know
which side fired the first shot?"
II could only give hearsay evidence
Is TO that
Attorney Richardson read to the wit
-