The sun. [volume] (New York [N.Y.]) 1833-1916, 1907-07-18
HAYWOOD TESTIMONY ALL IN
COURT LIKELY no RULE OUT
MUCH or DEFENOE'S EVIDENCE.

Lawyers VIII To-day Argue the Relevancy
Of the Many stories OF oub &C
colorado s-Orchard Sustained
ON the ono Point That Was I'm Doubt.
BOISE. July i7.-With the exception Of
the arguments OF counsel. the case against
William ID. Haywood. secretary and treas
urer Of the Western Federation of Miners
IL practically closed.
When the State finished its rebuttal this
afternoon, counsel Cor the defence an
nounced that they would probably not
wish to offer any more witnesses and not
more than n in any event. This means
that there will be no effort to meet the
striking contradictions which the States
witnesses rave made Of the evidence given
by several men who testified for the de-
fence and two OF whom are now under
perjury charges.
just before the adjournment OF court
this afternoon Judge Wood made an an
Douncement that seems bound to have a
most important bearing on the case. Weeks
have been consumed by the defence in
introducing evidence OF the conditions that
prevailed during the labor war in Colorado
before the occurrence Of the crimes in
cluded in the conspiracy charge against
the Socialist labor leaders. All these wit
nesses told OF the deportation Of the union
miners by the mine owners and other citi-
gems opposed to them. described the riots
that occurred, the mob attacks IN union
property. the arrests without warrant. Of
law and in general pretty well covered the
field Of lawlessness 80 far as il was occupied
by the enemies Of the Federation.
All fhia waa baaad npon tho npaninu
statement Of Lawyer barrow that the
defence would prove that the mine owners
and the Pinkertons were engaged In a
counter conspiracy against the federation
leaders and that the present attempt to
convict Haywood. Meyer and Pettibone
a result OF that conspiracy.
A, Had 1t not been for this testimony this
rase would have been over weeks ago.
1t was admitted by the Court on the under
standing that subsequent evidence would
connect the different elements into a chain
sufficiently strong to justify the jury in
considering it as proof OF a conspiracy.
From the beginning it has been definitely
understood that II the proper connection
should not be made the Court would order
it to be stricken from the record and in
struct the jury not to consider it in arriv-
ing at q verdict. The ammo uncement made
by Judge Wood makes It appear highly
probable that this will be done. The Judge
said:
AS indicated by the Court. much Of the
testimony produced by the defence relating
to the deportations alleged to have taken
place In Telluride and its vicinity in relation
70 the conflict there between miners and
citizens. and considerable Of the same testi-
mony 30 far az It relates to transa ctions in
Cripple Creek, appears to the Court TO be
immaterial. But bafore passing on that
point the Court will hear counsel further
regarding It. You will. therefore. please
he prepared to que it tomorrow morn
ing.
AS to the States case, there Ia some
doubt In the Courts mind about sufficient
testimony having been submitted to au-
the Court to submit to the Jury the
evidence given by the witness Orchard
regarding what Pettibone said with refer
ence to the doings Of Stephen Adams In
northern Idaho"
The reference to Adams had to do with
Orchards statement that Adams nae gone
tive board member of the federation. drive
some claim jumpers OF his property. Adams
has onoe been tried for numbering one of
these claim jumpers and will be tried again
on the same charge. 1t would not much
iniure the States case should all that testi-
mony be stricken out. but the signifiCanceof
the statement regarding the counter CON-
epiraoy testimony OF the defence ia both
deep q apparent. 1t means that the de-
fence has in the opinion of the Court, COM
pletely failed to make out a counter con-
spiraoy n that VIII I the mine owners may
have done TO the union men before the oc-
currence of the crimes Orchard charged TO
the latter has not been showl % have any
relation to the present case.
This argument on this point tomorrow il
sure to be long and hot. and IL is therefore
highly probable that the closing arguments
to the Jury will not begin until Friday. When
they do begin Lawyer Hawley will h1et
argue for the State. He will be followed by
barrow and Richardson for the defence and
Senator Borah will close for the State.
The moment court opened this morning
the defence got back at the State on the
perjury side of the case. Counsel ask ed
for an order f%orbidding ID. g. Scot and
Sheriff Rutan Of San Miguel county. Col.
20 leave the courts Jurisdiction at present.
h order was promptly granted. II was
plainly minated that the defence will make
perjury charges against these two wit
nesses. but there is small lik elihood that
that plan will be carried out.
SCOTS testimony gave the lie TO one Of
the defence's witnesses. but IL was strongly
o~orroborated by two other witnesses and
eeoms safe from attack. Rutan's testimony,
90 far as il had any effect at all. was in favor
Of the defence, though the State called him.
The State produced a witness to-day who
really knew about the union miners attack
on the non-union miners at the SmugRler
Union mine at Telluride in July. 1901. This
vas O.. VI. Sacketts. who bossed the tram
ways at the mine when the attack was
made He told Of the n%on-union miners
being fred on by the union men and said
the attacking party made its headquar-
bers at the union store in Telluride.
Vincent st. John. now under indictment
for murder at Goldfeld. New. was then
president Of the local union at Telluride,
and the operations of the attacking force
that day were under his direction.
An objection from Richardson called out
an argument from Hawley. whereupon the
Court for~eshadowed the announcement
made later with more formality Judge
Wood said:
The Court will state. Mr.. Hawley. that
az this time IL appears to the Court that
much of the evidence introduced along
these lines by the defence, and which you
nre now seeking TO rebut. appears to the
I ourt 10 be immaterial. and IL now seems
probable that the jury will be instructed
not to consider it,"
Sackett's examination was then con-