The Idaho recorder. [volume] (Salmon City, Idaho) 1886-1927, 1907-07-25


The defense at the opening renewed
the motion for am instructed verdict
this morning. Richardson said the
motion was made ut this time for
record. Judge Wood oserrGled the
motion. Judge Wood announced that
he would give his decision ON the
question .araued yesterday at Up. IA.
today, court adjourned until that
time.
For the first time since the trial
started James Mcfarland. the detec.
tive whose name has been SO often
mentioned In connection with the
securing OF evidence against the
Western Federation OF Miners, was
In the courtroom today. He had
to come TO listen 10 the arguments In
the case, and attracted considerable
attention.
Judge Wood announced at ten
o'clock that he would not he ready
! 10 rule on the matter OF excluding
certain evidence from the considera-
tion OF the jury and the arguments
OF counsel until . y. M. lie instruct
ed James II. Hawley, leading counsel
for the state, 10 be ready 10 proceed
at that time. Mr.. Hawiey Is not ex.
pected To conclude until tomorrow
afternoon. The opening address for
ehe defense will he made by Attorney
T.. Il. Richardson OF Denver on Mon
day morning.
| To preserve the recori Mr.. Rich
ardson again today moved that the
Jury be instructed to retnfn verdict
OF not guilty on the ground that De.
fendant Haywood has not been con.
nected Ly the evidence with the
crime alleged. The motion was
formally made and formally denied.
The courtroom was crowded To the
doors when the afternoon session be-
gan at two O'Clock. Gov. Gooding OF
Idaho was present for the FIRST time.
When Haywood came In he found his
wife's invalid chair had been placed
some distance from him. He took
bold OF it himself and wheeled IL into
a position immediately ut his right.
Judge Wood, as soon as he had TAX
en- his place on the bench, began te
read bis decision rs to the exclusion
OF certain evidence. He announced
that his decision was but prelimin
ary 10 the instructions he will give
the Jury at the conclusion OF the ar
lguments. The most important phas,
OF the decision was the striking ouI
Of the case all relation To the depor
tation Of the miners from the CrippI,
Creek and Telluride districts Of Colo
RADIO,
In the tirst instance Judge WOOD
struck out OF the record that portion
OF Orchards testimony relating u
what pettibone told him duriog 4
trip on which he had seht Steve
Adams 10 get rid OF claim. jumpers Ia
northern Idaho. This matter, hs
said, had not been connected up ia
any way with the defendant. fIay
wood.
THE next question suggested bl
the court and argued by counsel, >
said Judge Wood, Involves the ma
teri8lity Of the evidence introduced
by the defense showing a long serIei
OF deportations OF miners and otheI
persons and other acts OF violence ir
yolying the destruction Of property
belonging 10 the Western Federation
: OF Miners or certain local uniopi
thereof; also as TO the Materially o.
other evidence introduced by the de
feDse, showing that the Pinkertor
detective agency had placed It's de
tectives in various local unions o
: said federation of miners.
: The court suggested the immater
iality OF this evidence before the con
clusion OF the states rebuttal an'
2 advised counsel that argument would
be invited thereon before The instruc
J tiops Of the court were settled TbI
testimony was all admitted on tn
: promise and assurance of counse
that the proper connection would b
made. showing that same at least o
I the various acts Of violence testihe'
: TO by the witness, Orchard. ~er
either not committed by the witness
Orchard. or II CONN tilted by him
: some other person OF persons procure'
him 10 commit such acts Of violence
. either Of which defenses were prope
I and legitimate defenses. II any evi
I d"nce could he secured tending .
D esta hIisb such defense.
I
y Boise. July 2o.--James II. HsAley
: leading counsel fer the state OF Ida
J ho. presenting the first Of the srgg
. meot 10 the j1ry in the case aRaIns
e william ID. Haywood. spoke for neal
4 iy eight boars. distributed over thre
I sessions of court.
j Even when the afternoon sessio
i today had extended far beyond "a
customary time limit. every seat !
b the cocrtroom wss occupied, and n
e msined 80 until the last word 81
d spoken.
!. None listened more attentiyely |
a.. -. a