The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1907-07-19
SARCASM LEADING FACTOR
Case Cannot GO to Jury Until Court Rem
ders Decision Trial Nearing End.

Boise, Ida, July 1S.-A day Of ar
gument on the admissibility OF points
of evidence followed the announce.
ment from the defense that they had
no further witnesses to offer in be
half of VIM. d. Haywood. The jury
was not brought into court, Judge,
Wood having been informed by coun-
sci of their decision to rest without
offer Of sur-rebuttal. Clarence Darrow
spoke for an hour and a half at the
morning session. Senator Borah re.
ported in the afternoon and was fol-
lowed by r.. f.. Richardson.
Judge Wood will possibly announce
his decision tomorrow morning. The
point argued was the petition to ex-
clude from consideration by the jury
the excuse offered by the defense to
show, by proof of deportation of min
ers from and the employment of de-
tectives in the Cripple Creek district
Of Colorado, that conspiracy was
formed among the mine owners and
the citizens of the district to prevent
the employment of the members Of
the Western Federation Of Miners.
The position taken by the Haywood
defense was that Harry Orchard was
employed by the mine owners, through
detectives, to commit crimes which
were then charged to the federation
and public opinion thus aroused
against the union workers, and the evi-
dence from Colorado and the state was
admitted. The reply Of the state was
that the defense had failed legally to
connect their case in these particu-
lars.
In the absence of the jury, the ar
gument gave counsel an opportunity
to take wide range in commenting
on the methods employed on both
sides. Mr.. Darrow was impassioned
and vituperative. He bitterly assailed
Orchard and the Pinkertons. He
maintained that Orchards story con.
Meeting Haywood and the Western
Federation of Miners with the various
crimes to which he, has confessed had
not been corroborated; that the Vim
dicator mine explosion was an acci.
dent; that the Independence depot ex-
plosion, where "a men were killed,
was planned by X. G. Sterling and D.
G. Scott, railroad detectives, and that
the Pinkertons sent men into the dis
trict to join the union and incite the
members to riot and disorder. Incl
dentally, he said the Bradley incident
in San Francisco was due to an ex-
p1osion Of gas as shown by the evi-
dence, and that Haywood had not
been connected at any period with
any of the overt acts confessed by
Orchard except by the discredited tes.
timony Of Orchard himself
Senator Borah confined himself
largely to the legality Of the question
OF admissability. He spoke for an
hour, forcibly reviewing the evidence
and claims made by the defense which
he said failed to show by any member
Of the alleged conspiracy between the
mine owners and the Pinkertons that
any such conspiracy existed. He took
the position and quoted authorities to
show that conspiracy can only be
considered after the Introduction OF
evidence Judge Wood stated that
although he was feeling badly he
would preside tomorrow.
j. J. Hawley will open the argu'
ment for the state at 10 o'clock tomor
row morning II Is expected that he
will take the entire day. Mr.. Ricn'
ardson, for the defense, Will SPEAK
Saturday.
The defense in the Haywood case
rested Immediately after court opened
this morning and without calling q
single witness in sur.rebuttal. Judge
Wood announced that the opening ar
gument for the state TO the jury would
be made tomorrow morning by Attor.
ney James H. Hawley.
The jury was not brought into court
today, the day s,ging given over to the
consideration OF instructions to Be
given the 10 men VINO have the life oI