Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-07-20
BOISE PROSECUTION
State Closing Its Case Against
William Haywood.
HAWLEY LEADS ARGUMENT
Declares There Is No Counter Con-
spiracy.
DUPLICITY OF HARRY ORCHARD
Recital of the Case for the Government
Yesterday Made Long, Com
plicated Story.
HAWLEY LEADS ARGUMENT
OF HARRY ORCHARD

| BOISE. Idaho. July 20.-Continuing to-
| day for the state in the case of William
H. Haywood, which after two months
and a half of hearing, is about to be sub
mitted to the jury. James Fl. Hawley,
chief prosecutor first devoted his atten-
ton to the alleged attempt to wreck a
train on the Florence and Cripple Creek
railroad. This was one of the incidents
of the Colorado labor troubles testified to
by Harry Orchard.
This matter came out in Orchards
testimony" said Mr. IIawley. but 1t was
absolutely immaterial to the issue here
involved. But the defense has taken this
Incident and has tried to build up out of
It a conspiracy on the part of the mine
owners against the Western Federation
OF Miners. orchard admitted that ne had
reported the alleged attempt to detectives
I'm the employ of the Mine Owners AS
socjation and to the railroad The de-
Tense has brought two women witnesses
here to testify that they saw Orchard in
one of the detectives rooms on many &C.
casions. These women saw this man but
casually over I'VE years ago, Dut tHey
come here and swear positively as to
Orchards identity and to the number of
his visits Such evidence as this speaks
for itself
orchard undoubtedly was trying to Sc
cure money from all the sources he could,
and l not going to defend him for his
double dealing in taking money from
both the Western Federation of Miners
and the railroad company. l am not here
to paint Harry Orchard In anything but
his true colors
Yesterday Afternoons Proceedings.
Fled for argument. both for the prose-
cuton and defense. was limited by Judge
Wood. who removed from consideration of
the jury all evidence bearing on the al
legged conspiracy By mine owners and others
against the Western Federation of Miners.
Judge Wood decided that the defense had
made no legal connection of the Mine
owners Association, the Citizens Alliance
of Colorado and the Pinkerton detective
agency laying foundation for the evil
dence introduced by the defense 10 show
that the charge against Haywood and his
CodefeudantS is the outcome of conspiracy
To exterminate the federation.
Immediately following this decision argu
mcnt began. Attorney Hawley. leading
and fifteen minutes of the afternoon ses-
sion the morning session having been add
juurned to enable the judge to prepare his
decision.
Immaterial, Says Court.
Judge Wood. soon he had taken
his place on the bench. began to read his
decision as to the exclusion of certain evil
dence. He announced that his decision
was only preliminary to the instructions
l.. nj, no itIry at IN a
the arguments The most important phase
of the decision was that striking out of the
case all relating to the deportation of the
miners from the Cripple Creek and Tel
luride districts of Colorado. In the first
instance, Judge Wood struck out of the
record that portion of Orchards testimony
relating TO what Pettibone told him of
trip in which he had sent Steve Adams to
get rid of claim jumpers In northern Idaho.
This matter, he said. had not been con-
nected up in any way with the defendant
Haywood.
The next question suggested by the
court and argued by counsel" said Judge
Wood involves the materially of evidence
introduced by the defense showing long
series of deportations of miners and other
persons and other acts of violence involv-
Ing the destruction of property belonging
to the Western Federation of Miners or
certain local unions thereof. also as to
the materiality of other evidence intro
duced by the defense showing that the
PinkertOn detective agency had placed its
o
Federation of Miners.
NJ Evidence Of Conspiracy.
The court suggested the immate-iality
OF this evidence before the conclusion OF
the states rebuttal and advised counsel
that argument would be invited thereon
before the instructions of the court were
settled. This testimony was all admitted
on the promise and assurance of counsel
that the proper connections would be made
showing that some. at least, of the vari-
Gus acts of violence testified to by the wit
ness Orchard were either not committed
10y the witness Orchard If committed
by him some other person persons pro-
cured him to commit such acts of violence.
either Of which defenses was proper and
legitimate defense. II any evidence could
be secured tending to establish such de-
Tense.
I'm the opinion Of the court no evil
dence was introduced by the defense even
pointing TO or indicating that the acts of
violence testified to by Orchard. if actually
committed by any one. We're committed by
any other person Or persons than tes-
tilted to by the last-named witness. Neither
Is there any evidence tending to point TO
or from which it might be Inferred that
any individual or any combination of per-
sons procured any other person to commit
snd acts OF violence. II they Were com
mittcd than as testified to by said wit
ness.s At the farthest the testimony in
PRODUCED would only furnish a motive per-
lapS for some one else TO commit or pro-
cure the COMMISSION OF the various acts or
violence involved which were testified to
Ia behalf OF the state
Did Not Employ Orchard
But il Is clear that the motive alone
in third person To commit an offense
for which d party is being tried is not
admissible in the absence of other testi-
mony In some way connecting or pointing
To such third person the guilty party.
The witness Orchard has testified minutely
and in detail to the circumstances involv-
ing the indicator explosion the explosion
OF the Independence depot and other acts
and attempted acts of violence in the city
Of Denver
The testimony introduced by the de-
Tense in relation to deportations the de
strOying OF property belonging to the local
unions OF the Western Federation of Miners
and the various conflicts between the union
miners and their sympathiZers and the
Mine Owners Association and the militia
and the various citizens alliances does not
point to any one. or even indicate that any
particular person either committed the acts
of violence complained of or procured
orchard to commit such acts OF violence.
And in the absence of such connecting evil
denCe the court feels compelled to take this
evidence from the jury and instruct IL
totally to disregard IL in arriving at its