The Idaho Republican. [volume] (Blackfoot, Idaho) 1904-1932, 1907-07-26

Boise, tdaho.--The field for argu-
ment both from the prosecution and
defense of William d. Haywood has
been limited by Judge Wood, who in
a decision handed down on Friday re-
moved from consideration of the jury
all evidence bearing on the alleged
conspiracy by mine owners and others
against the Western Federation Of
Miners. Judge Wood decided that the
defense of Haywood had made no, le-
gal connection of the Mine Owners
association, the Citizens Alliance of
Colorado and the Pinkerton detective
agency as laying foundation for the
evidence introduced by the defense
to show that the charge against Hay
wood and his co-defendants is the out
come of conspiracy to exterminate
the federation.
Immediately following the announce
ment of this decision argument COM
menced, Judge Hawley, leading coun-
sci for the state, spoke for two hours
and fifteen minutes of the afternoon
session, the morning session having
been adjourned to enable the Judge to
prepare his decision
Every seat in the courtroom was oc-
cupied. Outside the Enclosure re-
served for attorneys and newspaper
men, were many persons prominent In
\ pI,b liz nj 10 70 nd
of women in summer costumes added
color to the auditorium space. Cover
nor Frank Gooding, Ex-Governor Nor
Iison, number of the officers OF the
state administration, Captain James
Mcfarland, Julian P. Steunenberg. a
son of the murdered ex-governor, and
large gathering of members of the
bar of Idaho and adjoining states were
present. Haywood sat behind six OF
his counsel. His wife, in her invalid
chair, was placed on his right and his
eldest daughter sat beside her mother.
Haywood's half-sister and stepfather
occupied seats close to the defense
group.
| Opening Address by Mr.. Hawley.
Mr.. Hawley, who has been i'll for
several days as the result of the strain
of the long trial, commenced his adj
dress in a voice almost inaudible to
anyone except the jury. He apollo
gized for this, however, explaining that
he had feared he would be unable,
owing to ill-health, to deliver a pro.
longed address. Mr. Hawley is the
Nestor of the Boise bar. He is man
of impressive presence and aggressive
speech. Warming to his subject Friday
| afternoon, his voice after the opening
/, statement, in which he explained that
he had none of the grace of words
that constitute an orator" was at times
eloquently impassioned, but withal q
plain analysis of the evidence. He
characterized the case as the most
important ever given to the jury In
J the United States" and urged the jury
to serious consideration of the re
sponsibility placed upon them. His de
lnunCldJlOn OF inc uclcIudul anu iie
co-conspirators as the worst band OF
criminals that ever infested any sec
of this country" was forceful and his
eulogy of Ex-Governor SteunenDere
eloquent in the extreme. Mr.. HaWley
described Orchards story as truthful
not only because of the manner In
which it was told, but because 1t had
been corroborated in every important
t detail Then when he found reason
for the confession in the conscience Of
, the criminal stirred by memories OF
, happy boyhood in virtuous home
| there was a waver of emotion In the
t pleader's voice and more than a sus
] picion of tears among his audience.
Counsel for the defense repeatedly
interrupted Mr.. Hawley with protests
r and objections, but these only seemed
) to. stir him to greater effort. Once
/ or twice he turned to Clarence Oar
, row and faced him with roar OF anger
r and another time he said 'it does mo-
! lie in the mouth of counsel to find ex
[ cuse for these awful crimes"