The Birmingham age-herald., 1907-07-23
PLEADS FUR LIFE OF W.D. HAYWOOD Attorney Richardson Speaks
 fur Five Hours PERJURY CASE IS HEARD
Orchard Is Placed on the Stand In the McGee Trial and Maintains His Calm Throuehout All-His
 Chilling Examination.

Boise, Idaho. July 22.-For five hours to- day E. F. Richardson pleaded with the jury for the life of William D. Haywood. Under order of the court the hours for the days sessions were changed and in place of sitting in the afternoon court met at o'clock this evening.
 Judge Wood was informed by the jury that the extreme heat of the court room was too trying on some of the jurors and compiled with the request for a late even ing session.
 The preliminary hearing of the case of Dr. l. T. McGee, one of the witnesses for the defense, charged with perjury came up this afternoon and will be continued tomorrow. Orchard was on the stand for over an hour and was given a severe grill ing in the examination by MeGee's counsel. The prisoner witness. however. maintained his characteristic calm throughout. He denied that he was in the Occur d dAlenes at the time McGee swore to d meeting with him at Wallace.
 C. w. Aller. the other witness for. the defense who is under perjury charges. was bound over for trial in the district court
 "The event of December 30, 1905, re- sulting in the death of Governor Frank Steunenberg. cast consternation over the entire civilized world"
 In these words E. F. Richardson be- gan today the opening address for the defense to the jury which holds the fate of William D. Haywood in its hands.
 On account of the heat, Judge Wood announced that he had abandoned the plan of holding three court sessions a day. The views of the jurors were | taken and an agreement with those oi counsel was arranged to hold morning and evening sessions until tho cast | goes tp the jury for final decision. Tn, evening session will continue from till S:30 D. m.
 For fifteen minutes before MT. Rich ardson began to speak the court room had been closed this morning against the throng which sought admittance MT. Richardson plunged directly into the death of Governor Steunenberg in his opening sentence. He declared It was Governor Steunenberg's fortune during his administration to stand in the forehght of a labor war in the Occur D'Alenes. Perhaps. he said, the situation demanded all that the gov ernor did. Perhaps it did not. Bull Pen Established. "I do not know" declared MT Rich ardson, and I shall not attempt to say l but at any rate for the first time in tht | history of the American justice the bul pen was called into being. Men wer' put in this bull pen. perhaps as a mat
 ter of necessity. but certainly without l due process of law. Governor Steunen- bergs course was condemned on the one side and praised on the other. a: | the members of the two hostile camps viewed the matter.
 When the death of Governor Steun- enberg was flash ed to the world, there was the immediate conclusion in near | ly all quarters that there was some connection between the Occur D'Alen, and the bomb which was placed at hi | gate.
 Again hostile camps rose on tn, one side, 1t was said the act must hay, been done by some man in whose breas | personal hatred ranked. The mine owners, however, were strong in theil condemnation of the Western Fedora | tion of Miners. It has been said here that in some quarters there was even an attempt to justify the deed.
 q want to say to you, gentlemen that we of the defense do not believe there is any Justification for such an act We shall not attempt to justify It. We do not believe 1t can be justified from any point of view"
 Caught Rendhanded. MT. Richardson then reviewed the event following the death of Former | .t,ff II.r Orchard was caught almost redhanded in the act Pinkertan detective came | to Idaho and soon had a confession | from man. who to save his own
 worthless neck was ready to place the blame upon others. The matter was taken up by that portion of the press
 which depends on the prosperous and | capitalistic classes and the leaders of the Western Federation of Miners were adjudged guilty without q rearing. Sc l far-reaching was that influence. de- clared MT. Richardson. that 1t extend | ed even to the White House. The at | torney begged the Jurors to lay aside any impression they may have formed 1 from reading the newspapers the past l year and to start with him at the be- | ginning of the case and go through the various events one by one without feeling any prejudice.
 DO this" he exclairned, "so we may ] justly determine In the light of our con sciences. illuminated by high heaven, ii | the man here at the bar and his con | ndants in the cells are guilty. It Is my l intention to carry out my argument
 if | am not overcome by heat in the | following order:
 Order of Argument.
 "l. I shall discuss the law as applied | to ba Ga nd the DTOgGCufinR Wlt | ness
 "2. I shall discuss the history of tht | Western Federation of Miners IS showr
 here in the evidence.
 "3 l shall discuss the general cor ditions which prevailed in the coeui | D'Alenes at the time of the Bunker Hill and the Sullivan mills crimes, anc the Cripple Creek disaster during th' strike in that section
 "4 I shall discuss the series of eyent' relied on by the state to prove a con spiracy against the defendants Hay wood Mover and Pettibone.
 "5. I shall devote myself to the as
 sortment of the public offenses the de
 fendants are here on trial for for re
 member, gentlemen. that while th'
 range of the evidence has covered
 many fields and many crimes, there Il | -
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