Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-07-20


the evidence of the state. so far as they
apply to the state of Colorado. while the
testimony of the defense which will be
withdrawn from the jury, does not point
or indicate that any other person or per-
sons either committed such acts Of vio-
lence or procured the commission thereof.
For these reasons the court will instruct
the jury when arriving at its verdict 10
disregard all evidence introduced by the
defense and upon rebuttal relating to de-
portations of miners and other persons
of Telluride and all evidence in relation
to the conflicts in the same localities be-
tween the Western Federation of Miners
and their sympathiZers on the one side
associations and mine owners association
and individuals in the same localities on
the other
Says Orchard Told the Truth.
Immediately after the courts decision
had been filed the jury was called in. and
the opening argument of the state was
begun by James H. Hawley. The attorney
plunged almost instantly into the confession
of Harry Orchard. on which the people
presented their case. He characterized the
story as the most extraordinary recital ever
heard in courtroom. There was no at
tempt at concealment The story was told
in way that impressed one with the
truth, and it carried conviction.
Harry Orchard told his story in no spirit
L
old h, tell it in a spirit of revenge. l say
to you. gentlemen, that Harry orchard has
no more hope in his future than he has
pride in his past. He expects no earthly
reward. In the light of awakened con-
science he told the truth with no desire TO
shield himself any one else"
Mr.. Hawley asserted that the truth of
Orchards story. instead of being shaken,
was strengthened by the cross-examnation
of Attorney Richardson of the defense-a
cross-examnation unparalleled in its fierce
ness and length. Criminal though he is. Mr..
Hawley asserted, Orchards story stood the
test of fire and left the impress of truth on
all who heard it.
The state. Mr.. Hawley said. had cor
roborated all important details of Orchards
testimony. The contradictions in the de-
Tense came only from witnesses who had
been parties to the confessed crimes or
proved perjuries. He expressed the belief
that Orchards story would bring to Justice
1.-The worst set of conspirators that ever in
tested any section of the United States"
Referring to the laws of conspiracy Haw-
ley said that if a combination Is shown to
equally guilty with all the others for every
act deed or utterance growing out Of the
conspiracy.
LAS to the method of bringing Meyer,
orado." Mr.. Hawley said. the course was
the only one open to the prosecution, and
had been passed upon BY the highest court
of the land.
blam6S Cuc r cUcTdIlOu
Mr.. Hawley grew eloquent in denuncia-
ton of the perpetrators of the Bunker Hill
mine outrage He said counser for the de-
Tense would endeavor to arouse sympathy
for the men put in he military bullpen and
to incite hatred toward the prosecution be-
cause of the bullpen. 1t was as an out
growth of this that Frank SteunenberS lost
his life. AS to the men who were placed
in the stockade. Hawley proclaimed them
eSclDet
Scaffoldr
we expected" said Hawley. that Bill
Davis, Bill Altman, Bill Easterly and all
the others Implicated by Orchard in grave
crime would come here and deny the
charges And In my heart. gentlemen
cannot blame them for perjuring them
selves 1t is human nature for man to lie
to save himself under such circumstances.
But Bill Davis told a falsehood when he
Wardner the day ne Bunker Hill was
blown up. 1t was absolutely absurd in view
of the testimony which has been here ad-
duced."
After dwelling on the Bunker Hill outrage
for an hour. Hawey dismissed the subject
with the declaration that it certainly could
the part of Orchard The Western Fedora
ton of Miners. and only the Western Fed
Grafton of Miners, had the motive. and was
Teek story
to the indicator mine explosion, in which
Mccormick and Beck were killed. Hawley
said, mad been amply cOrroDOTdteu. even u
the unexpected testimony of witness on
rebuttal, who testified to finding a bomb
In the Vindcator coal bunkers, where Or
chard said he and Owney Barnes had ar
ranged to have 1t placed. brought out In
the cross-examination of the man who act
ed powderman in the mine
Death Of Steunenberg.
AS to the theory of the defense that the
Vindicator explosion was an accident. Haw-
ley admitted that this was true as far az
Supt Mccormick and Shift Boss Beck were
concerned.
The leaders of the strike did not intend
to kill those two men," said the attorney.
Their taking off was not what they had
planned The bomb was placed there to
blow into eternity some fifty non-union men
who were about to go to work in the level
where the explosion occurred"
The defense could urge personal mo-
tive on the part of Orchard or any one but
the Western Federation of Miners. so they
resorted to the subterfuge of accident.
The only witness they could find to give
testimony tending to bear on the theory
was Thomas Wood. who had been employed
In the mine only a day and half. Haw-
ley denounced Wood as a faiSitier, who de-
lberately lied to assist the defense The
testimony in rebuttal. ne Sald showed TINS
conclusively.
Hawley said that the indicator explo-
sion clearly showed the responsibility OF
Haywood and his subordnates for the
crime And men, Hawley asserted,
who would conspire to commit such an act
as this who would. If they could, have sent
a carload of unprepared men to death.
would not hesitate to murder the former
governor of Idaho, if it suited their pur-
pose or assisted In carrying out their