The San Francisco call., 1907-06-21


when the Denver lawyer starts out
% object to a question he very rarely
concludes until he has brought in every
available ground on which by any con-
sideration. the matter sought to be in
troduced may be found to be inadmiss-
ibie. But as a rule he contents himself
with merely stating his objections with
out going on TO argue in support OF his
contention. He apparently proceeds on
the theory that the statement is clear
enough TO suffice for argument On the
objections that Richardson has made in
this trial court fighter like Dolphin
Delmas would have put in hours and
days Of talk.
Senator Borah had Just completed his
preliminary examination of Stuart and
had shown his Importance as chief en-
gineer of the Blaine mine at Silver City
in 1899 when Richardson began to fight.
Having laid the foundation for the
question Borah asked Stuart IL in 1893
he had heard Haywood talk about Gov
ernor Steunenberg. Richardson was
on his feet in an instant protesting.
He declared that the matter sought
10 be brought out would not connect
Haywood in any way with the murder
OF Steunenberg. which is the only
crime with which he here stands
charged: that il did not tend to con-
meet EldA " OOu OF DOQH else Win
that or any other crime. and that in any
event criticism of Steunenberg uttered
in 1899, nearly six years before the
murder. could not me material to COM
mission Of that crime.
There is nothing as yet to show that
there was any criticism of Steunen-
berg" said Judge Wood. "It has not
appeared that the prosecution intends
10 prove by the witness"
vr-a Daurof b.a exaeo+aJ - matt
until the answer has been given before
we make our objection retorted Rich
ards1n. and then he went all over the
ground again. When he had been
overrUled Stuart replied that he had
heard such a talk by Haywood, and
Senator Borah told him to state what
il was. Again Richardson objected
and was Overruled.
DEFENDANT MAKES THREAT
7 cannot give the whole conversa-
ton" said Stuart 1T was only the
remark made by Haywood which at
tracted my attention. There were sew
eral men in a group talking and
heard Haywood say that Governor
Steunenberg was a tyrant and a mon
ster and should be killed"
Stuart paused there, and after think
ing a moment went on to say: That
is not the expression he used, but that
is the idea I got from what he said"
We'll. hold on" cut in Richardson;
eve object to your conclusion; we want
HaywOods words. not an idea of them
Il am not positive about it," said
Stuart, but I think it was that
Steunenberg should be exterminated.
I think exterminate was the word he
used"
That was all Of the direct examina-
tion.
There was a little conference be-
tween Richardson, Darrow, Nugent and
Haywood before Richardson took up
the cross examination. 1t had been
quite apparent that the testimony was
very unpleasant for them all Haywood
had listened to it with jaws hard set
and cheek muscles working as if he
were grinding his teeth. His ex-
preston was very serious when Rich
ardson began to question Stuart. Hay
wood leaned forward and stared hard
at the witness, watching him with cat
like attention. The jurors, who had
been bored stiff by the reading of the
Colorado court decision in the morn
ing, had been picked up again by this
testimony and were all alert to hear
every word Of it.
HAYWOOD A "MODEL CITIZEN"
Stuart told Richardson that the con-
versatiOn had occurred in the timber
shed Of the Blaine mine, he thought at
the noon hour, but he could not be posi-
tive. He was going through the shed
and saw the group Of men talking and
overheard just this expression of Hay
woods. He made no complaint to any
Of the authorities about il, and really
had not regarded it very seriously. He
took it as an indication that Haywood
felt outraged at Steunenbergs action
regarding the Occur dAlene situation,
and did not regard il as q threat
against Steunenberg's life or as any
thing more than an expression of Hay
woods sense of outrage
Richardson asked for other details
Of the conversation, but Stuart could
not give them.
We'll. there was no reason for your
remembering Haywoods expression,
particularly" asked the attorney.
Yes. there was" replied Stuart, to
the evident surprise of Haywood and
all his lawyers. Il had always looked
on Haywood as a model citizen. and
that surprised me. have always re-
nembered it"
The expression model citizen" gave
Richardson chance which he pro-
ceeded at once TO make the most of.
He wanted to know how and why Stu
art came to have that opinion of Hay
wood Stuart said that he had never
seen anything about Haywood to give
hlm any other impression until he
heard this talk, but after that irst
expression he had heard Haywood talk
in a similar vein several times. He
repeated his statement that he remeal-
bered such talk from Haywood because
II surprised him.
TELLTALE MONEY ORDERS
Richardson went into the usual Pin
keFton examination then and brought
out the fact that Stuart had been asked
TO come here to testify by a Pinkertop
man, who had given him so for ex-
penses. Haywood whispered TO the
lawyer a moment, and Richardson
asked some questions as to why Hay
wood had not been working at the
Dewey tunnel in Silver City that sum-
lner. and not at the Blaine mine.
Stuart didn't know about that, but he
r