The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-07-19

- - ieiSs on conspiracy law, Senator Boz
Let US admit for the sake of argu-
ment that X. c. Sterling was the member
OF conspiracy. What has the defense
shown as to his connection with the In |
dependence depot affair? That Orchard
was seen to go to his room: that after
the explosion Sterling said to call the dog
OH a tran because he knew who com
mitted the crime-that It was Steve Ad-
ans. There is nothing TO show what Or
chard and Sterling talked about All we
nave is the statement of a third party
that he heard Sterling make declara-
ton that he knew who committed the
crime Here is no threat no confession, J
no admission of having committed a
crime.
AS to the probability that the blood
hound called off by Sterling was on Or
chards trail, Senator Borah said tina,
more than LEGO people had been around
that Orchard mounted a horse about
mile from the depot.
The dog seemed TO overlook this fact"
said the senator, for he was eight miles
from the scene when called off,
Let the jury say as to what they be-
IeVe as TO the dog interrupted Attorney
Richardson.
Rorah Makes A Slip.
"Oh, no. said Senator Borah Il am
going to have something to say as to that
right now. There was a time when the
testimony of bloodheunds was acceptable
signed the Declaration of Independence.
Inc senator was Interrupted by a ripple
OF laughter in the crowded courtroom.
evidently intent upon his argument he
did not see the mistake for some mo-
ments. Then he laughed. too.
Il should have said the proclamation Of
emancipation he explained, but all the
same it was a declaration of independence
to some 4,000, 600 people"
Reading from authorities as to the ad-
instability of the action of boodhounds,
Senator Borah quoted from one which
said that while the testimony of such dogs
had sometimes been acted upon by mobs
IL mad been accepted IN "a l~c,Irt of law
only onee-in l&s65all.a-and then as fx-
Pe FL & M ~, the foundation for which
nau peeh laid by a thorough qualification
their way of tracking persons. The dog
put on the trail after the independence
depot affair was not qualified by the de
Tense.
With regard to the Pinkertons' connec-
ton with the case. Senator Borah said
there was absolutely nothing in the testi-
mOny of the witness Friedman or i'm the
documents he stole from the archives of
the PinkertOn office anything to connect
the detectives with any of the crimes I'M
der investigation Friedman admitted that
the Mine Owners association was not a
client of the PinkertOns. Some individual
mine owners were clients, but that was
all.
Defense of RddeII
THE defense makes much of the fact
that Pinkerton operative Riddell went
down to Telluride and Joined the union
and talked anarchy. He did not go there
until after Arthur Collins had been killed
and two men had disappeared and the
more he talked anarchy the higher he
climbed in the union. Riddell talked be
cause he believed in doing what the RO-
mans did. But where is there one bit of
evidence TO show that Riddell was con-
nected in any way with any crime here
under given or any crime whatsoever"
t Senator BoraR said the state did not
wish to strike out any of the evidence in
troduced by the defense as to Bradley or
the VindicatOr incidents as he believed 1t
legal but he said there was nothing in
support of the contention that the Mine
Owners association had been responsible
for any of the crimes alleged.
Upon Senator Borah's conclusion Attor-
ney Richardson arose to make the closing
| argument for the defense.
Richardson's Plea.
d. He said that very little had been heard
in the case of the actual issue involved
the assassination of Governor Stcunen-
berg. If there had been evidence to di-
rectly connect with this Offense the Colo
RADIO troubles would never have been
heard of. But the state was reduced to
the claim that the killing of SteunenbeTg
was but a mere incident of the giant con-
spiracy and in an effort to prove con-
spiracy had to go to Colorado to get
Orchard was not a member of the con-
spiraey set up by the state, Richardson
declared, but all he claimed was that he
was the instrument selected from time
to time to carry out some individually CIV
en- instructions.
Orchard said Haywood employed him
to do certain things and the state at
! tempts to connect him by set Of circum-
/ stances. Haywood comes in and saws l
will show a set of stronger circumstances
| against someone else. | claim and urge
! it upon your honor that all of this evil
/ dence should go to the jury or none of IT,
You cannot convict these men of the
/ killing of Steunenberg for what happened
! in Colorado
Benefited the Mine Owners.
| Coming at the time it did. Richardson
/ said the independence depot explosion
| meant suicide to the Western Federation
/ of Miners in the Cripple Creek district
/ it meant suicide to the Mine owners as
/ socation ia their fight against the fede-
/ ration was what they desired and all
/ they could wish foT-but it was the most
/ unwise. the most foolish thing that any
| body connected with the federation could
| devise.
| Leaving Orchards uncorroborated tes-
/ timonv out of the proposition, he said.
| the circumstances indicated far stronger
motive on the part of the Mine Owners
| association than the Western Federation
| of Miners.
| Mr. Richardson concluded at 1886. Judge
| Wood announced that he might be pre-
pared to decide the matter i'll the morn-
/ ing Court then adjourned until tOmor-
/ row morning at $780,