The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-07-19
HAWLEY To LEAD.
Opening Argument of PrOsecu-
ton in Haywood Case.
Is Expected to Extend to End
of the Week.
DEFENSE ON MONDAY.
Mr.. Hawley Will Be First to
Address the Jury.
A Motion to Acquit Again
Denied by the Court.

Boise, Idaho, July 19.-For the first
time since the Haywood trial started
James MCFARLAND. the detective whose
name has been so often mentioned in
connection with the securing of evil
dence against the Western Federation
of Miners, was in the court room to-
day. He had come to listen to the
arguments in the case and attracted
considerable attention. Judge Wood
announced at 10 O'Clock that he would
not be ready to rule on the matter OF
excluding certain evidence from the
consideration of the jury and the ar
guments of counsel until p. m. he
Instructed James H. Hawley, leading
counsel for the state, to be ready to
proceed at that time. Mr.. Hawley Is
not expected to conclude until tomor-
row afternoon.
The opening address for the defense
will be made by Attorney E. F. Rich
ardson of Denver, on Monday morning.
To preserve the record Mr.. Richardson
again today moved that the jury be in
structed to return a verdict of not
guilty on the ground that the defend
ant, Haywood, has not been connected
legged The motion was formally made
and formally denied.
n Day of Argument.
Boise, July Ex-senator Borah began
his address in reply to Mr.. barrow In
the Haywood case at lao p. m. Thurs
defense, in his opening address to the
jury, claimed that a conspiracy existed
between the Pinkerton detectives, the
Mine Owners association and the Ctti-
zens' Alliance to drive the Western Fed
Grafton of Miners out of Colorado, ana
that many of the crimes charged to the
Western Federation of Miners were in
fact committed as incidents of the con-
spiracy to get rid of the union miners
But when we come to sift the mat
ter" continued Senator Borah, what
do we find? That the conspiracy had
nothing to do with the Vindicator ex-
pIosion in which Beck and Mccormick
were killed. That was an accident. The
conspiracy had nothing to do with the
attempt on Bradley. That was a gas
explosion. The conspiracy had nothing
to do with the death of Steunenberg.
That was the personal revenge of Harry
Orchard. The conspiracy had nothing to
do with the death of Lyle Gregory. That
was the result of personal difficulties.
The conspiracy had nothing to do with
the attemptsc on Justice Gabbert and
Governor Peabody. They were the re-
suits of political feeling.
Suppose we admit for the sake of ar
gument that a conspiracy existed. That
fact has not been shown here by any
competent evidence under any rule of
law. I am not going to argue this case
on the lines laid down by Mr.. Darrow,
that they have not the right to prove 4
counter conspiracy-I am not going to
oppose the principle that they nave
right to prove it-but what contend is
they have not proved it. Let them put
some member of the conspiracy on the
stand and prove that the conspiracy is
responsible for the crimes complained of.
Testimony as to a conspiracy must come
at first hand and cannot be accepted
from third party who knows only by
hearsay."
After quoting at some length from au-
thorities on conspiracy law, Senator
Borah continued:
Let us admit for the sake of argu-
ment that K. c. Sterling was the
member of a conspiracy What has the
Aefense shown as to his connection with
me independence depot affair? That
Orchard was seen to go to his rooms;
that after the explosion Sterling was
said to have called the dogs off the
trail because he knew who committed
the crime-that it was Steve Adams.
ssThere is nothing to show what Or
chard and Sterling talked about. All
we have is the statement of a third
party that he heard Sterling make
declaration that he knew who commit
ted the crime. There Is no threat. no
confession, no admission of having
committed crime"
Bloodhounds Not Qualified.
As to the probability that the blood
hounds called OF by Sterling were on