The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-07-19

Orchards trail, Senator Borah said
more than thousand people had been
around the depot before the dog arriv
ed. and Orchard mounted horse about
a mile from the depot.
The dog seemed to overlook this
fact" said the senator, for he was
eight miles from the scene when called
OFF"
Let the jury say as to what they be-
lieve as to the dog interrupted Attor-
ney Richardson.
"Oh. no." said Borah. IT am going
to have something to say as to that
right now. There was a time when the
testimony of bloodhounds was accepta-
BILE. but that was before Abraham Lin
coin signed the Declaration of indie
pendence."
pie of laughter in the crowded court
room. Evidently intent upon his argu-
ment, he did not see the mistake for
some moments. Then he laughed, too.
Il should have said the proclamation
of emancipation" he explained but
all the same it was declaration of in
dependence to some 10000, 900 people,"
Reading from authorities as to the adj
instability of the action of blOodhounds,
Senator Borah quoted from one which
said that while the testimony of such
dogs had sometimes been acted upon by
mobs, 1t had been accepted in a court of
law only once-in Alabama-and then
as expert testimony, the foundation for
which had been laid by a thorough
qualification of the dogs as to what, they
had done in the way of tracking per-
sons. The dog put on the trail after the
independence depot affair was not quail
flied by the defense --s-s-'-- -s.....,s.=
Teaching Pinkertons.
With regard to the Pinkertons' con-
nection with the case, Senator Borah
said there was absolutely nothing in the
testimony of Witness Friedman. or in
the documents he stole from the ar
chives of the Pinkerton office, to con-
meet the detectives with any of the
crimes under investigation. Friedman
admitted that the Mine Owners associa-
ton was not client of the Pinkertons
Some individual mine owners were cli-
ents but that was all.
THE defense makes much of the fact
that Pinkerton Operative Riddell went
down TO Telluride and Joined the union,
and talked anarchy. He did not go there
until after Arthur Collins had been
killed, and two men had disappeared
and the more he talked anarchy the
higher he climbed in the union. Riddell
talked because he believed in doing
what the Romans did. But where is
there one bit of evidence to show that
Riddell was connected in any way with
any crime here given or any crime
whatsoever"
Senator Borah said the state did not
wish to strike out any of the evidence
introduced by the defense as to Brad
ley or the Vindicator incidents, as he
believed it legal, but he said there was
nothing in support of the contention
that the Mine Owners association had
been responsible for any of the crimes
alleged.
Upon Senator Borah's conclusion At
torney Richardson arose to make the
closing argument for the defense.
He said very little had been heard in
the case of the actual issue involved
the assassination of Governor Steunen-
berg If there had been evidence to
w fI,e
Colorado troubles would have never
been heard Of But the state was re-
duced to the claim that the killing of
Steunenberg was but a mere incident
of the giant conspiracy and in an effort
to prove conspiracy had to go to Col
orado and get hold of widely separated
circumstances.
Richardson Closes.
Orchard was not a member of the
conspiracy set Np by the state, Rich
ardson declared. but all he claimed was
that he was the instrument selected
from time to time to carry out some
individually given instructions.
Orchard said Haywood mad employ
ed him to do certain things and the
state attempts to connect MIN by a set
of circumstances Haywood comes in
and says / will show a set of stronger
circumstances against some one else. I
claim and urge it upon your honor that
all of this evidence should get to the
jury or none of it. You cannot con-
Wet these men of the killing of Steu
nenberg for what happened in Color
ado"
Coming at the time 1t did, Richard
son said the independence depot ex-
piosiou meant suicide to the Western
Federation of Miners in the Cripple
Creek district-it meant life to the Mine
Owners association in their fight
against the federation, was what they
desired and all they could wish for
but it was the most unwise, the most
foolish thing that anybody with the
federation could advise.
Leaving Orchards uncorroborated
testimony out of the proposition, he
said the circumstances indicated a far
stronger motive on the part of the Mine
Owners association than the Western
Federation of Miners.
Mr. Richardson concluded at 1886.
Judge Wood announced that he might
be prepared to decide the matter this
morning. Court then adjourned until
$3.50 today.
Meet me at the Chautauqua.
Frvervhodv reads The State Journal