, 1907-07-20
LEADING COUNSEL FOR STATE
NOW MAKING ARGUMENT TO
THE JURY ON BEHALF
OF THE PEOPLE.

Roastfulness or Hesitation-SmalI-
pox Breaks Out in County Jail in
Which Former Mayor Schmitz Lies.
Boise, Idaho, July 2O.-The trial Of
William D. Haywood has entered into
its last stage. James Hawley, leading
counsel for the state, is now arguing
to the jury that the evidence presented
proves the guilt of Haywood as a mem
Der, to use his words, "of the worst
band of conspirators that ever infested
any section Of this country"
Orchards Plain story.
Hawley has characterized Orchards
evidence as a plain story, told without
effort at concealment, without boast
fitness, and without hesitation. He
maintained that the confession of Or
chard was due to the Saving power
of divine grace"
Spoke Of Wrecking of Train.
Hawley devoted some attention to
the alleged attempt to wreck the train
upon the Florence and Cripple Creek
railroad. Orchard undoubtedly was
trying to secure money from all sourc-
es he could" declared Hawley, land l
am not going to defend him for his
double-dealing in taking money from
both the Western Federation and the
railroad company. There is but n
claim we make for him, and that is
that he has told you the truth"
Back to the Federation.
Hawley said that Immediately after
the train wrecking incident Orchard
was found again in the Western Fed
Grafton.
Tho Peabody Attempt.
Taking up the matter of the attempt
ed assassination Of Governor Peabody,
Hawley asserted that Orchards testi-
mony was amply c~orroborated. He
told Of Peabody's activities in the Col
orado labor troubles, and declared that
the strongest motive for his taking off
was connected with the Western Fed
Grafton. No possible personal motive
could be attributed to Orchard or
Steve Adams.
Steve Adams Testimony.
"If," said Hawley, there was a
word Of untruth in Orchards testi-
mony as to the attempts on Governor
Peabody, who Of all men was the best
witness to SO testify, the man who is
now in the basement of this building
or Steve Adams? The prosecution
brought this man to Boise; he could
be used by the defense if it so de-
sired"
Attorneys Grew Personal.
II object to that" shouted barrow.
ut is an absolute untruth, as counsel
well knows, and there is no such rec
ord in the case"
truth" replied Hawley, in anger. you
utter a deliberate ~falsehood."
barrow renewed his objection, and
Judge Wood said he would instruct the
jury to disregard all statements made
by counsel not borne out by the evil
dence.
Pettibone Knew, Also.
Hawley continued to the jury: "Ad-
ans is here, and he was brought into
this court room and shown to you. His
appearance in this o gives the lie
to the statement made by counsel that
the facts are not as l have related
them. There is just one other man
who could deny Orchards statements
as to Governor Peabody. That man Is
George Pettibone. If he did not coun-
sci the proposed murder, why didn't
they bring him here to say 500"
Perjured or Absurd Evidence.
Hawley ridiculed the theory that the
Mine Owners association was respon-
sible for the Independence depot out
RACES, and asserted that the evidence
In support of that theory was either
from witnesses shown to be perjurers
or utterly absurd upon its face. Again
Adams was not called to contradict
Orchards statement in this connec.
tion.
Dogs Were Called Off.
Hawley admitted that the dogs sup
posed to be following Orchard from
the scene of the explosion were called
on by a detective OF the Mine Owners
association, but this vas after they
had gone eight miles from the scene.
Why Pettlbone Was Not Called.
Coming to the Bradley explosion
Hawley asked why the defense did moi
put Pettibone on the stand to testify
as to his connection with the matter
OF sending money to Orchard in Sar
Francisco.
o~ispassionate Review Of Evidence.
Hawley's argument was a dispas
sionate review Of the evidence. with
a bold denunciation of the methods Of
counsel and the testimony Of many
witnesses for the defense. At the
noon recess Hawley announced thai
ne would conclude this afternoon.
oecIsion Favor. p~rosAcution.