Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1907-07-18
His Counsel Do Not Expect to Call
Any More Witnesses.
STATUS OF CERTAIN TESTIMONY
Court Asks for Argument on Portions
He Would Exclude.
THIS WILL OCCUPY ALL OF TODAY
Arguments VIII Begin Friday Morn
ing-HRwIey VIII Open for
state and Richardson for
the Defense.

BOISE, Idaho. July 1.-THE state OF
Idaho rests, content with the evidence
has introduced to prove that William ID
Haywood, the secretary treasurer OF the
Western Federation OF Miners, conspred
to kill and therefore murdered Frank
steunenberg. a former governor Of the
state. william Haywood through his
counsel, will rest his case with the Jury
so far as evidence is concerned. Possibly
some witnesses will be called in sur-re-
buttal but Haywood's counsel annor rnce
that the case may close without further
evidence.
Judge Fremont Wood has invited argu-
ment on his own proposition, to eliminate
certain evidence from consideration by the
jury, and probably a day will be taken to
present the views OF both sides as to the
instructions to the jury. on Friday morn
ing argument is expected, and the last
stage of the trial will have commenced.
After having dismissed the jury this after
noon, Judge Wood stated his opinion that
the evidence introduced by the defense to
prove a conspiracy on the part of the mine
owners, by showing the deportation of
union miners from the Cripple Creek dis
trict of Colorado during the strikes of
1903 and 1901 was not material to the issue
involved and should not be submitted to
the jury on the other hand he said, the
showing by the state that Steve Adams
/ was concerned in the killing of two men in
/ the Couer D'Alenes district did not appear
/ to the court TO be germane and should be
( eliminated. He announced. however, that
/ the court would hear argument tomorrow
/ on these points. Further, the court asked
! that requests for instructions be submitted
! at once and arguments on these instruc-
tions may be expected tomorrow.
! Judge Wood has already stated that by
! putting counsel notice in the main
! points Of which he would instruct the jury
/ he hopes to considerably shorten the argu-
ments.
| Another announcement by the court to-
day was a determination to conclude the
case within the next week. Judge Wood
said he would hold three two-h hour sessions
daily during the arguments. e. F. Rich
! ardson protested against this. but he met
with no encouragement.
! ]. H. Hawley will open the argument
| for the state, and E. f. Richardson for the
defense. Clarence Darrow will close in
behalf of Haywood, and the final argument
will come from Senator Borah.
Conditions in Colorado.
! o. NJ. Sacltett of Telluride, Colo, for 1f-
teen years an employe of the Smuggler
! Union mine. was the first witness OF the
day. He toll his personal experiences in
the big riot at the Smuggler Union mine
In 1901, when he said that he and several
other employees of the mine were COM
PEELED TO run a perfect hail Of bullets in
order to get to the mine.
"Who was at the head OF. the union at
Telluride at that timer" asked Hawley.
Vincent st. John"
Courts View OF Testimony.
The witness next told of negotiating with
st. John to have the firing stopped and
reaching an agreement with him. The de-
fense objected to several OF Mr. Hawleys
questions and Judge Wood sustained them.
"I will say" said Judge Wood, sgnih-
cantly, that the court regards as very
doubtful the materiality Of the testimony
the state is trying to rebut"
Mr Hawley said he thought that as the
defense had been allowed to go into the
matter OF depositions. etc, from Cripple
Creek and Telluride, the state should be
allowed to make a showing on rebuttal.
"'The court will not allow you to go into
details" said Judge Wood.
"In that case" replied Mr.. Hawiey. IT
will assume what the courts instructions
will be as to this testimony"
1--WE will sdt as to that when we come to
IT," chimed In Darrow
The witness was allowed to state that
as a result Of the negotiations he had with
St John an agreement between Edgar A.
Collins, assistant manager 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 Wood, after considering the matter
for some little time, decided TO admit the
paper and It proved probably one OF the
most interesting and important exhibits OF
the trial. It was dated July g. 1901, and in
It the miners union agreed TO refrain
from violence" for three days.
The agreement was in part followsi
2 It is hereby agreed between the miners
, union by V. S. John, president, and the
Smuggler Union Mining and Smelling COM
pany by Edgar A. Collins, assistant man
aEer, that all work on said mine shall cease
Tor a period Of three days ending Friday
e and that said miners union will refrain
from violence as to the person and prop
? erty for the same period The said Snug
gler union mine may employ Tour guards
during the period.
The witness then told of the killing OF
Arthur Collins, superintendent OF the mine,
the disappearance Of several miners IN the
: district and various disorders. lie said the
men were afraid to work, that many Of
I these were shot at on their way TO the
mines.
An Armed Neutrality.
On cross-examination sackett said the
trouble in 1901 lasted only three days. Then
: the agreement went into effect and the
matter was settled.
And everything continued peaceful in the
district until late in 1893, didn't III" asked
Richardson
well, there was a sort of armed neu-
trality."
In the trouble Of 1901 do you know which
= side fired the first shOtY'
' 81 could only give hearsay evidence as to
D that
Attorney Richardson read 10 the witness
J. and jury another agreement entered into
p on July 6, 1901, by the smuggler Union
K mine and the miners union. II set forth
l. that the differences between tho mine amt
: the union had been amicably adjusted the