Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-07-19
TRIAL NEARS ITS END
Argument of the Prosecution
May Close Tomorrow.
DISCHARGE MOTION DENIED
Richardson Of Denver for the De-
tense.
ONLY SHORT SESSION TODAY
Detective Mcfarland Was in Court
for the First Time During the
Long Trial
'NLY SHORT SESSION TODAY

oolSEi, July l3.-F'or the first time since
the Haywood trial started James Mozart
land, the detective, whose name has been
SO often mentioned in connection with the
securing Of evidence against the Western
Federation of Miners, was In the courtroom
today. He had come to listen to the argu-
ments IN the case and attracted consider
able attention.
Judge Wood announced at 10 o'clock that
he would not be ready to rule on the
matter of excluding certain evidence from
the consideration Of the jury and the argu-
ments of counsel until pm. He in
structed James H. Hawley, leading counsel
for the state, to be ready to proceed at that
time Mr.. Hawley Is not expected to con-
clude until tomorrow afternoon. The OPEN
ing address for the defense will be made
by Attorney E. F. Richardson Of Denver
on Monday
To preserve the record, Mr.. Richardson
again today moved that the jury be in
structed to return verdict of not guilty
on the ground that the defendant Haywood
mas not been connected by the evidence
with the crime alleged The motion was
adjourned until pm.
Yesterdays Proceedings.
After long day Of argument about the
SASAoSioA VI " the jury 8 COQSlQ-
Grafton Of the evidence adduced by the
defense dealing with the conditions of vio-
lence in Colorado, the riots and the raids
that were made by the miners on the mine
owners property and by the mineowners
and other citizens on the property of the
miners. Clarence barrow was the first to
speak for the defense. He spent some time
In discussing and citing authorities as to
the materialty of the evidence showing
of hor1
GOV. Steunenberg. He declared that If
there was any question as to the relevancy
of any Of the testimony in the case the
doubt should be resolved in favor of the
defendant.
Mr.. barrow charged the Independence
explosion directly to K. c. Sterling, the
detective of the Mineowners' Association.
Three undisputed witnesses, he declared.
had told of seeing Orchard "sneak" into
Sterlings room at night on at least fifteen
occasions. The explosion was a part of the
conspiracy, the attorney asserted, of the
men who were engaged in the laudable
occupation of driving out every man who
had ever shown any sympathy with the
western Federation of Miners. The men
who def1ed sherins and courts and set
themselves up as the only competent
Judges"
Sterling sat in the courtroom for "a week,
ana was not called. said barrow, and this
he took as an admission Of the testimony
Of three witnesses who saw him SO fire.
quently in consultation with Orchard
AT any rate" he added, 'these wit
nesses have not been arrested for perjury
on the word of the most perjured villain
who ever came into a courtroom-Harry
Orchard"
Pinkertons Called vermin.
AS to the Pinkerton detectives who were
placed in the various local unions, Mr.
barrow said the jury should be allowed to
take these acts into consideration.
rnf ha nh
union. these men who melted the act of
violence, and the union should not be held
wholly responsible for them. They were on
the payroll of the Pinkertons, these mis-
cradle cradle. agents who made incendiarry
Haywood for responsibility for these YER
min, who have even invaded this court
house and tried to get upon the witness
stand as our witnesses?
THE jury should have all the facts that
this case has developed. We objected to the
state going to Colorado to convict these
men Of q crime in Idaho"
I'VE did not want to go into all these de-
tails, but the state was allowed to place
before the jury every jot and TITLE every
isolated circumstance, every bit Of testi-
mony that could in any way tend to cor
Are they to be allows to show every fact
which might connect these defendants with
any responsibility and we to be denied the
right to present contradictory facts In or
who was guilty and who responsible? Let
the twelve men weigh the evidence. We
shall rest content
Borah Dissects Conspiracy.
When Senator Borah began his address
In reply to Mr.. barrow he said that coun-
sci for the defense In his opening address
to the jury claimed that conspiracy ex-
listed between the Pinkerton detectives, the
Nine Owners Association and the Citizens
Alliance to drive the Western Federation
Of Miners out of Colorado, and that many
of the crimes charged to the Western Fed
GRAFTON of Miners were, in fact, committed
as incidents of the conspiracy to get rid of
the union miners.
But when we come to sift the matter
out" continued Senator Borah, what do
we find? That the conspiracy had nothing
to do with the Vindicator explosion in
That was an accident. The conspiracy had
pothing to do with the attempt on Bradley.
That was a gas explosion The conspiracy
had nothing to do with the death of Steun-
Harry Orchard. The conspiracy had moth
ing to do with the death of Lyte Gregory.
That was the result Of personal difficulties.
the CONSPIRACY nad nothing to 90 with the
feeling.
Suppose we admit. for the sake Of argu-
ment. that a conspiracy existed, that fact
evidence under any rule of law. am not
going to argue this case on the lines laid
down by Mr.. Darrow that they have not
the right to prove a counter conspiracy-1
am not going to oppose the principle that
they have right to prove it-but what I
contend is they have not proved It. Let
them put some member Of the conspiracy
Is responsible for the crimes complained
of. Testimony as to conspiracy must
come at first hand and cannot be accepted
from third party, who knows only by
hearsay."
Independence Depot Affair.
After quoting at some length from au-
thorities on conspiracy law, Senator Bo-
rah continued:
Let US admit for the sake Of the argu-
ment that K. c. Sterling was the member
Of a conspiracy. What has the defense
shown as to his connection with the In
d dor o. ir2 H.