The Birmingham age-herald., 1907-06-05

4kA U
 
 prove that they were even in the state of Idaho at the time Under the laws l of the state, however, accessories be- l fore fact are not recognized as such but must be charged with the crime prin- cipals
 Result of Conspiracy.
 Tt is our purpose" the leading att torney for the state went on, Ito show that the death of steunenberg was the result of a conspiracy and understand 1 ing and collusion between the leaders of the Western Federation of Miners and other persons.
 1 we claim the leaders of this union are responsible for this outrage, and it will | be our purpose to prove them so. We will show he said, that tho leaders of this organization have been re- | sponsible not only for the death of Steun- l enberg, but scores of others besides" | Hardly had these words left MT. flaw l leys mouth when Attorney Darrow, for | the defense, was on his feet with an ob- 1 jection which indicated the purpose of 1 the defense to endeavor to confine the prosecution absolutely to the death of | Steunenberg. MT. Darrow declared the death of "scores of others" had nothing to do with the case at the bar.
 "Tha court cannot tell at this time whether the statement is objectionable or not. Objection overruled," said Judge Wood.
 1 Judge Wood asked MT. Hawley if he expected to show by evidence the re- sponsibility of the defendant In the West ern Federation of Miners alleged unlaw- ] full acts and received a reply fin the af- | 1rmative.
 Employ Desperate Criminals. q shall not go outside the record declared MT. Hawley. Our object will be to show that from the very inception of the Western Federation of Minerss there has existed a conspiracy among Its leaders-its inner circle-the object of which is not only to perpetuate their own power and control the Western Fed eration of Miners but of the govern mental functions of those sections of the country wherein the members of the union were employed. The leaders have employed desperate criminals from time to time to do away with those who may have been selected for one reason or an- other for disappearance and who have run counter to their interests
 Again Attorney Darrow was on his feet objecting to the states address and de- nouncng it as mere piece rhetoric"
 MT. Darrow vehemently protested that MT. Hawley's remarks were thrown in soley for the purpose of prejudicing the jury.
 Tt is nothing of the sort" retorted MT. Hawley. Tt is a part of the evil dence and basis of this case"
 "The court will not permit an argu- ment," said Judge Wood but the attor ney may proceed with a statement of thu states case"
 Won't Stand for Interruptions.
 'I krow what I am about" said Mir. Hawley, glaring at MT. Darrow across the counsel table
 'It doesn't look like it." declared MT. Darrow.
 Quick as flash Hawley turned on his opponent and with anger bristllng in his yoce, shouted q don't care what 1t looks like to you. I am not running this case according to your ideas, thank God, and l don't propose to stand for those constant interruptions
 'I would like to suggest to the court said MT Darrow, that l have no desire to call counsel to task"
 q object to any suggestions to the court from the counsel" Hawley shouted. "Oh, don't be so particular" called MT. Darrow, in a drawl, to the excited attor- ney.
 Don't you be so particular about in- terrupting me-" retorted Hawley.
 'I will interrupt at any time the in- terests of my clients demand 1t" said Mr. Darrow. If the attorney will be calm for a minute I want to make ar engagements to except to the statement. and I want to cooperate for an orderly trial"
 Darrow Objects.
 We will meet you half way in that" said Hawley.
 Now" said Darrow to the court, I've insist that the state has no right 10 make proof in this trial in all the dis orderly or unlawful acts of the Western Federation of Miners, which have ex- tended all over the western country. We are not trying any one here but w. D. Haywood and the charge Is the mur- der of Former Governor Steuenberg"
 "The court" said Judge Wood, can not tell whether the prosecution will 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 excepted to by the defense.
 Traded In Blood.
 MT Hawley resuming, declared that the inner circle' of the Western Fed eration of Miners. had traded in blood, had hired assissins, as its needs, seemed to require and had raised by assessment 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 it's members who were accused of crime"
 Describes Killing.
 "The killing of Steunenberg," contin- ued Hawley twas not the primary object of the main conspiracy, but was merely incidental to it."
 The speaker then passed to the killing of Steunenberg. He graphically described the scene at Caldwell when Steuenberg returning to his home, was killed by bomb, he told of the hue and cry raised by the explosion and the suspicion di- rected to Orchard.
 It was evident at once" he. said. ''that