The San Francisco call., 1907-06-05
HAWLEY UNFOLDS
THE GRIM TALE
Of CONSPIRACY
Prosecutor In Haywood Case
Makes Lengthy Opening
Statement
UNSPARING IN WORDS
Declares That the Plotters
Traded In the Blood"
of Enemies
TESTIMONY IS BEGUN
Witnesses Tell of Explosion
That Caused Death of
Steunenberg
TESTIMONY is BEGUN
BY Oscar King Davis


BOISE. Idaho. June As an
oratorical effort the speech of jim
Hawley In opening the prosecution of
William D. Haywood for the murder
Of Ex-Governor Steunenberg this morn
ing was far from justifying the reputa-
ton Of the chief prosecutor as a jury
pleader. but as a time consumer 1t was
distinguished success. 1t was fine
exhibition of ability to skirt around the
edges of the states case without getting
sufficiently near to details TO permit
the defense TO derive any benefit from
what was disclosed
To be sure Hawley talked conspiracy.
He hammered at that most OF the time
and occasionally in severe terms. He
talked about the choice 5. s.iis of the in
ner circle Of the western federation of
miners to whom murder became
trade and assassination a means Of liv-
ting" He promised TO show how this in
aer circle had grown up. how it had
planned to perpetuate itself in power
through crime and terrorism and how
4 had traded in human blood" But
all this was in the broadest impress
sionist style
Again and again Clarence Darrow
protested that there was no statement
Of facts by which the state would at
tempt TO prove their assertions. At
every interruption Hawley merely
promised the court TO make the proper
connections when the evidence was in
troduced and so gained permission to
go on. Only on two OCCASIONS did his
references TO the conspiracy charged by
the state touch matters which have not
been the subject of general talk in
Boise for weeks. Then, when he got
away from the conspiracy and talked
Of the killing of Steunenberg, he grew
minutely detailed.
LAWYERS TACTICS APPARENT
On that point, however, there will be
little controversy. and what he said was
Of no use TO Darrow and his Is col
leagues for the defense. But IL the
opening speech did not reveal much as
TO the line OF evidence which the pros
ecution will introduce II did disclose
something Of the character Of the fight
that Hsywood's multitudinous lawyers
viii have TO put up. Il was to be taken
for granted that they would contest
every possible point all the way, but
this mornings session showed that so
far as Richardson at least was con-
cerned there was no intention to limit
themselves 10 means Of unquestioned
fairness. 1t was at the close OF the
opening speech that Richardson made
this clear. The Judge took that occa-
sion to instruct the jurors out of usual
order as to the legal presumption Of
innocence on the part of the defendant
When he concluded Richardson rose
and put in a little speech of his own.
He asked the court 10 instruct the Jury
also that the opening speech was not
evidence but only a promise and as
such had no weight.
Well" said the Judge. Il think that
they understand that"
Richardson sat and covered his
mouth with his hands as II to hide a
smile They do now" he responded
with a satisfied smile
DAHROW VERY BUSY
Before that Darrow had given an in
teresting exhibition of ability to get
on both sides Of a proposition and to
object from each. Hawley had begun
TO recite some of the crimes with which
the inner circle of the western fedora
ton was charged by the state besides
the Steunenberg murder. He had named
two or three when Darrow broke in with
q hot protest. declaring that they were
entirely immaterial and irrelevant. had
nothing whatever to do with the