Daily press. [volume] (Newport News, Va.) 1896-current, 1907-07-19
Arguments on The AdmIssIblEly Of
Certain Evidence Follows Clos.
Ing Of The Defdense.
CONSPIRACY BONE OF CONTENTION
Accused Mans Lawyers Want Testi-
mony Produced Which viii Show
Unlawful Acts on the Part of the
Mine Owners observation-disclosures
Gives Orchard Scoring.
nv Associated press.l

DOlSE. IDAHO, July 1S.-Argmcnt
on tho admissibility of points on cy.
dence today followed an announce.
ment of the defense that ii had no
row spoke 70 ran hour and half ut
William ID. Haywood charged with
numbering Frank Steuncnborg. The
jury was not brought into court Judge
Wood having been informed by conn
sci of their decision to rest without
offer of snr-rcbuttal Clarence Oar
row spoke for an hour ana a half OF
the morning session. Senator Borah
replied in the sSternoon ana was fol
lowed by Il. +. Richardson. Judge
Wood Will probably Announce his de-
cision tomorrow The point argued
was the proposal tn exclude from con.
sheraton by the jury the evidence
offered by the defense 10 show the
proof of deportation OF miners from.
and the employment of detectives in
the Cripple Creek region of Colorado:
that conspiracy was formed among
the mine owners and the citizens of
the region to prevent the employment
of members of the Western Fedora
ton OF Miners. The position taken by
the Haywood defense was that Harry
Orchard was employed iy the Mine
owners Association through lhtoc-
tives TO commit crimes which were
| then charged 10 the Federation to
arouse public opinion against the
union workers. and 1t then followed
that If evidence for the state was ad-
mitted the defense had the right Ia
show counter conspiracy Tho re.
ply of the state was that the defense
had failed to fully connect Their case
In the particulars and therefore The
evidence merely confused the issue.
! In the absence OF the jury the argu.
ment gave counsel an opportunity Ia
take a wide range in commenting on
the methods employed by both sides.
barrow Assals Orchard.
Mr.. barrow was impnssionod and
vitnperative. He bitterly assailed
Orchard and the Pnkcrtons. lie
maintained that Orchards connect
ing Haywood and the Western Fed
Grafton of Miners with the various
crimes to which Orchard confessed
had not been corroborated. that the
Vindicator mine explosion was an ac-
cidcnt that the Independence station
explosion where fourteen men were
killed. was planned by *. c. Sterling
and d. c. Scott. railroad detectives.
and that the Pinkcrtons sent men into
the region 10 join the unions and in
cite the members to riot and disorder.
Incidentally he said, the Bradley in.
cident in San Francisco was due TO an
explosion OF gas rs shown by the evil
dence of the defense and that Hay
wood had not been connected at any
point with any of the overt acts con-
fessed to by Orchard except by the
discredited testimony of Orchard him
self.
Senator Borah's Answer.
Senator Borah confined himself
largely to the legality of the question
of admissibllity. He spoke for an
hour forcefully reviewing the evidence
and assertions made by the defense.
which he said failed to show. by any
member of the alleged conspiracy be.
tween the mine owners association
and the Pinkertons that any such con
spiracy existed. He took the posi-
ton and quoted authorities TO show
that n conspiracy can only be con
sidered after the introduction of di-
rect evidence of a consprator.
Judge Wood will decide the point
tomorrow.