The White Pine news. [volume] (Ely, Nev.) 1906-1910, 1907-07-20
JUDGE HAWLEY CHARACTERIZES
CASE AS MOST IMPORTANT
EVER GIVEN TO JURY.
FIELD FOR ARGUMENT LIMITED
Alleged Conspiracy by Mine Owners
Against Federation Not to BE
Considered by Jury.
(By the Associated Press. }

BOISE, July 19.-The field for ar
gument, both for the prosecution and
defense of VIM. Haywood, has been
limited by Judge Wood, who in a de-
cision handed down today removed
from consideration of the jury all
evidence bearing on the alleged con-
Spiracy by mine owners and others
against the Western Federation of
Miners. Judge Wood decided that
the defense of Haywood had made
no legal connection of the Mine Own
ers' association, the Citizens Alliance
of Colorado, and the Pinkerton de-
tective agency as laying a foundation
for the evidence introduced by the
defense to show that the charge
against Haywood and his co-defend-
ants is the outcome of a conspiracy
to eXterminate the federation.
Immediately following the an
nouncement of this decision argu-
ment commenced. Judge Hawley,
leading counsel for the state, spoke
for two hours and fifteen minutes of
the afternoon session, the morning
session having been adjourned to en-
able the judge to prepare his deeis-
ion.
Governor Frank Gooding, ex-Gov-
ernOr Morrison, a number of the Of
ficers OF the state administration,
Captain James MCFARLAND, Julian
Steunenberg, a son of the murdered
ex-governor, and large gathering
of members of the bar of Idaho, and
adjoining states were present
Mr.. Hawley, who has been ill for
several days as the result of the
strain of the long trial, commenced
his address in voice almost inau
dible to anyone except the judge.
Warming to his subject this after
noon, his voice lost all trace of
weakness. His address after the
opening statement, in which he eX-
planned that he had none of the
grace of words, that constitute an
orator." was at times eloquently i'm
passioned, but withal plain analysis
of the evidence. He characterized
the case as the most important ever
given to any jury in the United
States" and urged the jury to a Sc
rious consideration of the RESPONSE
bility placed upon them them. His
denunciation of the defendant and
his co-conspirators as the worst
band of criminals that ever infested
any section of this country" was
forceful, and his eulogy of eX-Gover
nor Steunenberg, eloquent in the ex
treme. Mr.. Hawley described Or
chard's story as truthful, not only
because of the manner in which it
was told, but because it had been COR
roborated in every important detail.
Counsel for the defense repeatedly
interrupted Mr.. Hawley with protest
and objections, but these only seemed
to stir him to greater efforts. Once
or twice he turned to Clarence Dar-
row and faced him with roar of
anger, and another time he said, sit
does not lie in the mouth of counsel
to find excuse for these awful
crimes"
Mr.. Hawley concluded this after
noon with the statement that already
he had shown enough to convict and
that any juryman not willing to con-
vict on the evidence connecting the
conspirators with the blowing up of
the Bunker Hill and Sullivan concen-
traitor in 1899, and the explosion at
the Vindicator mine in 1903 alone
sought only to rid himself of an un-
pleasant duty to his state"
Mr.. Hawey will continue his argu-
ment tomorrow. Judge Wood has
notified counsel for the defense that
he expects argument for their side to
commence Monday