The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-06-05
DEFENSE OBJECTED In VAIN TO THE
STRONG STATEMENT OF MIR. HAWLEY

Boise. Ida. Juns 4.-The courtroom
filled up very quickly this morning with
those who came to hear the opening
statement of the prosecution, and the
first witnesses in the famous case The
jury filed in promptly at $50 o'clock. but
Judge Wood was trifle late in arriving.
1t was also stated that the delay was in
part due 20 the defendant, who was said
TO be none too well
When Mrs. Haywood was wheeled into
court in her invalid chair, she was handed
a large bunch of red roses by Mrs. Steve
Adams. wife of one of the men said to
have been involved IN the alleged Western
Federation OF Miners conspiracy. Hay
wood was a trifle pale as he took his
place near the long counsel table, but de-
clared he felt quite WELL after his brief
illness Of last night. Judge Wood ap-
peared on the bench at $40 o'clock.
Opening of Prosecution.
Mr.. Hawley began his address five min
utes later. He declared he had no in
tenuon of going into the details or the
states case to any great extent. Mr..
Hawley said he chung to the notion that
the jury after all is the best judge of the
effect and the weight of the evidence as
well as any theories The evidence, he
declared, would fully develop the events
the state wished the jury to consider.
Mr.. Hawley then briefly went over the
events Immediately preceding the death
of former Governor Steunenberg, whom
he described as one of the foremoSe fig
ures of the state of Idaho. He told also
of the positions held by Meyer, Haywood,
and Pettibone in the Western Federation
of Miners. He said that Harry Orchard,
who is said to have confessed to placing
the bomb which blew Governor Steunen-
berg into eternity. was also a member of
the Western Federation of Miners, as
was Simpkins, who has never been APP
pretended.
Specific Crime Charged.
Mr. Hawley told the jury that while
Haywood. Pettibone and Meyer are spe-
officially charged in the indictment with
not the purpose of the prosecution to
prove that they were even in the state of
Idaho at the time of the crime. Under the
laws of this state, however, accessories
before the fact are not recognized as
such, but must be charged with the crims
as principals Those who aid, advise, abet
or assist in crime are recognized under
the laws of Idaho, whether present or not,
as principals in the crime.
1T is our purpose" the leading at
torDey for the state went on, TO show
result of a conspiracy, an understanding
and collision between the leaders of the
Western Federation Of Miners and other
persons.
Leaders Responsible.
We claim that the leaders of this union
are responsible for this outrage, and it
VIII be our purpose to prove them So
Mr.. Hawley then went into the forma-
ton OF the Western Federation of Min
ers, saying ii was organized in 1898. The
executive committee, he explained, was
given almost absolute control of the body,
but a few men being in command of the
destinies of the big organization He
said the rank and file of the organization
knew little of what was going on among
these few men. and were guiltless of the
crimes alleged.
But we will show" he said, "that
the leaders of this organization have been
responsible not only for the death of
Steunenberg. but scores of others be-
sides"
Objection of Defense.
Hardly had these words left MIR. Haw-
ley's mouth when Attorney barrow for
the defense was his feet with an OBJ
lection. which indicated the purpose IF
the defense to endeavor TO cOnfine the
Steunenberg. Mr. barrow declared tho
death of scores of others" had nothing
TO do with the case at bar.
The court cannot tell at this time
whether the statement is Objectionable or
not. Digestion overruled," said Judge
Wood.
Judge Wood asked Mr.. Hawley if he ex-
pected to show by evidence the response
biIity OF the defendant in the Western
Federation of Miners alleged unlawful
acts, and received reply in the affirma-
tive.
What State Expects to Show.
II shall not go outside the record"
declared Mr.. HaWley. "Our object will
be TO show that from the very incep-
ton of the Western Federation of Min
ers there has existed conspiracy among
its Ieaders-its inner circle'-the object
of which was not only to perpetuate their
own power and control of the Western
Federation of Miners, but of the govern
mental functions of those sections of the
country wherein the members of the union
were employed. The leaders have en-
ployed desperate criminals from time to
time to do away with those who may have
been selected for one reason or another