The Montgomery advertiser., 1907-06-05

be allowed to make such proof or not until the time comes"
 It was finally agreed that the whole of the address should be considered as accepted @o by the defense.
 MT. Hawlcy, rtsuming, declared tha; the inner oirclt" of the Western Fed- eration of Miners had traded in blood, had hired assassins, as its needs seem ed to require and had raised by assess ment from time to time an emergency fund from which were squandered large sums for personal uses and for the retention of the best legal talent to defend those of its members who were accused of crime"
 The killing of steunenbeg," contin- ued Hawley, was not the primary ob- Ject of the main constiracy. but was merely incidental to it."
 Steunenberg's Murder Described.
 The speaker then passed to the kill ing of Steunenberg. He graphically described the scene at Caldwell when Steunenberg, returning to his home, was killed by a bomb. He told of the hue and cry raised by the explosion and the suspicion directed to Orchard.
 Tt was evident at once." he said, that something more than private vengeance was responsible for the killing of Steunenberg.
 Continuing, he traced Orchards movements in Caldwell and his appear ance in company with John L. Simp- kins was shown. He'll told of the ar- rest of Orchard, and the unsolicited tender of the services of Attorney Fred Miller of Spokane. He said that the state would show that ar unsigned let ter received by Orchard was written by George A. Pettibone.
 The speaker then told of the confess sion to James Mcfarland. i.
 We will call this gentleman to the stand" he said.
 Which gentleman" asked MT. Dar- row.
 You may think those remarks are very cunning" retorted Hawley, but they are out of place here and if you keep them up you will be repaid in kind"
 T merely asked which gentleman he meant. appealed MT. Darrow to the court.
 T referred to MT. James McPart- land," shouted MT. Hawley, "a terror to evil-doers in this Western country. man whose presence is a guarantee Of good order. You have probably en- countered him before in defending your clients"
 MT. Darrow, who was still on his feet, evidently desirous of answering, put the court told him to sit down and directed MT. Hawley to proceed.
 State to Call Orchard.
 MT. Hawley said the State would place Orchard on the stand and would show by all the witnesses, including Orcnard. that such a condition of af- Iairs existed as he had already out hned. When MT. Hawley was telling Of the capture of train at Wardner. ne was interrupted by an objection rom MT. Darrow who argued that the sincldents in the Couer d'Alene in 1899 had nothing to do with the case now under argument
 The objection was oyerruIed
 MT. Hawiey went on to show that he expected to prove that the action of Steunenberg in crushing out the riot CTS at that time brought on him the enmity of the inner circle' of the Western Federation of Miners and as a result of that enmity he was killed at the order of the inner circle"
 We will show you, gentlemen of the jury" MT. Hawley continued, that the inner circle of the Western Fed eration of Miners, composed of this defendant and his co-defendants. gath cred about them a few choice spirits Murder was their trade and assassi- nation q means of livelihood. We will show that the inner circle is respon-- sible for some of the most fiendish crimes ever committed anywhere, all to carry out the purpose of the circle We WiIl show you that these men-were responsible for the murder of Arthur Collins of Telluride. of Leigh Collins on the streets of Denver"
 At once MT. Darrow was>on his feet with an objection, declaring that crimes committed in Colorado had nothing to do with the Steunenberg case
 Judge Wood overruled the objection He said he would hear counsel fur ther when 1t came time to object. to the testimony.
 Mir. Hawley went on to say that the Inner circle" was responsible for the blowing up of the Independence depot at Cripple Creek; the blowing up of the Vindicator and other outrages. He said that the State would show that Haywood and his co-defendants had attempted many times to assassinate ex-Governor Peabody of Colorado in the same way as the murder of Steu- nenberg was accomplished and for the same reasons
 MT. Hawley, coming to the close of his remarks. asserted that the evil dence to be adduced would go much farther than had been his opening statement. He believed the proof would satisfy the jury as to the guilt of tho accused under the statutes, despite the AoSI thdb nay WOOo illLuSclL may HOl have been in the State of Idaho for years. The attorney closed by thank ing the jury for their attention.
 As he sat down, Attorney Darrow arose and stated that the defense would reserve its opening until the States case is finished.
 Judge Wood said he had been re- quested by the attorneys for the de- fense to instruct the jury that the de- fendant is presumed to be innocent un- til proved guilty beyond reasonable doubt. Judge Wood instructed the jury to keep their minds as clear as possible and to conflne their judgment to the evidence and not to remarks of counsel.
 First Witness Called.
 c. F. Wayne then was called as the first witness. MT. Wayne formerly re- sided in Caldwell, the home of Gov ernor Steunenberg, and lived next door to the Governors place. Wayne said he was working on the Steunenberg place on the night of the explosion, De- cember 30, 1905. He described the ex- plosion and the finding of the Govern or's body.
 The defense did not desire to cross examine the witness and he was ex- cused to make way for Dr. J. W. Cue of Caldwell, who attended the dying man. He described in detail the in- juries wrought by the bomb.
 Dr. Cue was also excused without cross examination, and John c. Rice, an