Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-07-20

He has testified. although All accom-
plicc and n co-consprator, TO az on
| these acts Of violence and has either
| before ~ after connected this .defcnu-
/ ant Herewith. The court Is clearly or
| the opinion that there Is SUFFICIENT cor
| oboration TO neccsstate the submission
| of this evidence 10 the jury, and thnt
| the same reasons for Withdrawing TINS
| evidence do not exist as to the evidence
OF dcportniions and other acts or vio-
| lence In the Cripple Creek and Tellu-
| ride country.
DEFENDANT INVOLVED.
ohio testimony Of the state,for what
| ever il may be worth with the jury,
| connects the defendant on trial Directly
| with the various acts OF violence ~
| yolved In the evidence OF the state, ="
| far MS they apply to the state OF Colo
| RADIO. while the Testimony Of the defense
| which will be Withdrawn from the jury
| does not point TO or indicate that any
| other person or persons either commit
| ted such acts of violence. or procureu
| the commission thereof. For these rea-
sons Inc court will instruct the jury
| when arriving AT It's verdict TO disre-
| gard all evidence, introduced by the de-
| Tense and upon rebuttal, relating 10
| deportations OF miners ana other pur-
sons from Cripple Creek ana tne "
| clnity of Telluride and all the evinehce
localities between the Western Feder-
alton of Miners and their sympathizers
on the one side and the military Or
ganizatIon. detective associations ana
mine owners associations and individ-
nals In the same localities on the other.
Counsel for the defense nave re-
newed their motion az made at the con-
rh,sion of the case first made by the
state. that the court advise the jury "
return a verdict in favor of the DEFEND
ant for reasons given In said fnotioH'
and this motion viii he denied
The defense noted an exception TO tne
whole of the decision. -
Immediately after the courts deeis,
ion had been filed the jury was caileu
in and the opening argument OF the
state was begun by James II. Hawiey'
HAwLEY's ARGUMENT.
Mr. Hawley has been III for q week
past and looked in bad physician conul-
ton as he began his address IN wv
voice. He congratulated the jury upon
reaching the end of what ne tetilieu
the most important criminal case when
has ever passed into the hands or any
Jury in the United States All tnat
the state desired, he declared, was tnat
| equal and exact justice shouiu pe
| done.
The attorney plunged almost imnned-
| lately into the confession of Harry Or
| chard. upon which the people present.
| cd their case He characterized the
| story as the most extraordinary reci.al
ever heard in courtroom. Ihere was
no attempt d, coneesilment. ana liie
story was told in way wh'cn mn
pressed one with its truth ana carrieu
| conviction.
"Ha,ry Orchard told his story In no
| shirt OF bostfulncss,' declared MI.
! Hawley. NOR did he tell 1t In q spirit
| of revenge. | say to you gentletneis
| that Harry Orchard has no more hope
| in his future than he has pride IN ms n
! mast. He expects no earthly reward.
| In fine light of an awakened conscience
| he told the truth, with no desire u
| shield himself or any one else.
| Mr. Hawley ASSERTED that the truth
| ~ orchards story, instead or peins
shaken was strengthened by the cross
| examination OF Atty. Richardson OF nv
/ defense A cross xamination uhnar
| alleled in its fierceness and lehglh; sir
| stajned criminal though he Is MT fiaw
| lev asserted that Orchard story stoo.
| the test OF fire and left the impress y,
| truth upon all who heard it,
The state. Mr.. Hawley sain, nau
| corroboratad all of the Important Us Me-
| tells Of ONchards testimony. INC
| CONGRATULATIONS from the defense came
| only from witnesses who had peeh
| narties to the confessed crimes or
| raven periurers. He expressed the
belief that Orchards story would
| bring to Justice "the worst set OF
| conspirat9rs that ever infested any
section OF the United States
peferring to the laws of conspiracy,
Mr. Hawley said that II combina-
| ton Is shown to exist. every person
| connected with 1t Is equally guilty
win the others for every act, deed
| or utterance growing out OF the con-
| spiracy.
| AS To the method of bringing Meyer,
| uavwood and Pettibone to Idaho from
| colorado, Mr.. Hawley said the course
| adopted was the only one open TO
| the prosecution and had been passed
| upon by the highest court or the iand-
| Counsel for the defense would dweh
| upon the matter he said. but II
could merely be an effort TO divert the
| minds of the Jurors from the real
issue involved and to incite possible
| ill-will in their minds against the
prosecution or some member OF IT.
| Under the laws of the state of
Idaho. an accessory to murder is
regarded In the same light as the
murderer himself. and. II absent in
body at the time of the commission
| of the crime. is regarded by the law
as being present in spirit. The pres
| ence OF the defendants In the state OF
1 Idaho at the time of the death OF
! Gov. Steuenberg was sworn to by the
| county attorney In the light of that
law.
EXCHANGE OF PERSONALITIES
Mr.. Hawley, taking up the crimes
confessed to by orchard went first
into the details of the wanton blowing
4 up of the Bunker Hill and sullivan
mine In northern Idaho in 1898 and
| the destruction of S2ho,000 worth of
property No member OF the union
ever uttered word In condemnation
OF that mob. No word of condemna-
ton ever appeared in the Miners
Magazine, Mr. Hawley declared, and
was interrupted by Atty. Darrow OF
the defense. who asserted that no zach
evidence was in the record. There
was a rapid exchange OF personalities
] between Mr.. Hawley on the one side
and Richardson and barrow on tho
other. during which the former accus-
cd Mr.. Darrow of having made as
scrtions in his opening address to the
jury which had not been borne out IN
any particular In the evidence
Mr. Hawey grew eloquent In the
dcnunciation OF the perpetrators of
the Bunker Hin mine outrage. He
said counsel for the defense would
endeayor to AROUSE sympathy for the
men put In the military bull-pen
! and to inoite hatred toward the prose-
cution because of the bull-pen II
was through an outgrowth of this that
Frank Steunenberg lost his life. AS TO
the men who were placed In the stock
AIDE. MIR. Hawley proclaimed them for
tunate indeed that they escaped ass
a t..as agtaff al