The White Pine news. [volume] (Ely, Nev.) 1906-1910, 1907-07-19
ARGUMENT AS TO
ADMISSABILITY
OF EVIDENCE
Entire Day In Haywood Trial is
Consumed by Opposing COun-.
sel-Jury Absent.
lBy the Associated Press


BOISE, Idaho, July 1S.--A day
of argument on the admissability
rof points of evidence, followed the
announcement from the defense that
they had no further witnesses to Of
fer in behalf of William d. Hay
wood. The jury was not brought
into court Judge Wood having been
informed by counsel of their de-
cision to rest without further rebut-
tai. Clarence Darrow spoke for
an hour and half at the morning
session. Senator Borah replied in
the afternoon and was followed by
h. F.. Richardson. Judge Wood will
probably announce his decision to-
morrow morning.
The point argued was the PROPOSE
tiOn to exclude by consideration of
the jury the evidence offered by the
defense, so show by proof of depor-
tatiOn of miners from, and the en-
ployment of detectives in the Grip
pie Creek district of Colorado, that
conspiracy was formed among the
mine owners and the citizens of the
| district to prevent the employment
| of members of the Western Fedora
tion of Miners. The position taken
| by the Haywood defense was that
Harry Orchard was employed by the
Mine Owners association, through
| the detectives, to commit crimes
which were then charged to the Fed
Grafton and public opinion aroused
against the union workers, and it
therefore followed that if Colorado
evidence for the state was admitted,
the defense had the right to show
counter conspiracy. The reply OF
| the state was that the defense had
| failed legally to connect their case
| in these particulars and therefore
| their evidence merely confused the
issue.
| In the absence of the jury the
argument gave counsel an oppor-
tunity to take wide range in COM
menting on the methods employed
on both sides. Mr.. Darrow was i'm
passioned and vituperative. He bit
tery assailed Orchard and the Pink
ertons. He maintained that Or
chard's story connecting Haywood
and the Western Federation with the
various crimes to which he has con-
fessed has not been corroborated;
that the Vindicator mine explosion
was an accident that the 1ndepend-
ence depot explosion, where fourteen
IicH WtIe hlIlGu, was DI
K. G. Sterling and D. G.. Scott, rail-
road detectives, and that the Pink
ertOnS sent men into the district to
join the unions and incite the MEM
bers to riot and disorder. Inciden-
tally he said the Bradley incident
in San Francisco was due to an ex-
plosion of gas as shown by the evil
dence for the defense and that Hay
| tn1 nt
point with any of the overt acts con-
fessed to by Orchard except by the
discredited testimony of Orchard
himself
Senator Borah confined himself
largely to the legality of the ques-
ton of admissability. He spoke for
an hour, forcefully reviewing the
evidence and claims made by the de-
tense, which he said, failed to show
by any members of the alleged con-
spiracy between the mine owners
and the Pinkertons that any such
conspiracy existed. He took the po-
sition and quoted authorities to
show that a conspiracy can only be
considered after the introduction of
the direct evidence of conspiracy.
Mr. Richardson argued that a con-
spiracy had been shown by the con-
tributory effect of all the evidence
introduced by the defense, and
| closed with the statement that If the
| court saw fit to exclude the evidence
bearing on the Colorado situation,
5 introduced by the state, counsel for
Y the defense would be satisfied to see
= their evidence barred from consid-
Grafton. Judge Wood stated that in
: all probability, he would decide to-
2 morrow.
= J. II. Hawley will open the argu-
| ment for the state at 10 O'Clock to-
morrow morning. 1t Is expected that
2 he will take the entire day. Mr.
= Richardson, for the defense. will
sneak on Saturday.