Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-07-18
State Closes Confident Guilt of
Accused Federation Leader
Is Proven to Satisfaction of
Jury.
JUDGE OUTLINES SCOPE
OF THE ARGUMENTS
Declares Evidence to Show
Mine Owners Conspiracy
ImmateriaI; Famous Trial
Draws to Close,
IB, Morning journal special Leased wIrel

IB, Morning journal Special Leased Wire.l
Boise. Idaho. July 1.-THE state Of
Idaho rests content with the evidence
Il has introduced to prove that Will
liam d. Haywood. the secretary treas-
urer of the Western Federation of
Miners. conspired 10 XIII and there
fore murdered Frank SteunenberS.
Tomorrow Haywood VIII rest his case
with the jury so far as the evidence
is concerned. Possibly some witnesses
viii be called in sur-rebuttal. Judge
Fremont Wood has invited argument
on his own proposition to eliminai'
certain evidence from consideration by
the Jury. After having dismissed the
Jury this afternoon Judge Wood stated
his opinion that the evidence intro
duced by the defense to prove con
spiracy on the part of the mine own
ers was not material to the issue m
VOWED and should not be submitted -
the Jury. on the other hands, he SAID
the showing by the state that Steve
Adams was concerned in the killing 4
two men in the Occur d'Alene district
did not appear to the court To be ger
name and should be eliminated. lie
announced, however, that the cour,
would hear argument tomorrow On
these points.
Judge Wood has already stated that
by putting counsel on notice in ne
main points OF which he would q
.trdct -the jury he -A.-r-s 20 o. 0sid''F E.
ably shorten the arguments.
Another announcement by the court !
today was a determination to con-
clude the case within the next week.
J. H. Hawley will open the argu- |
ment for the state and T.. +. Richard |
son for the defense. Clarence barrow
VIII close Il for Haywood and the final
argument will come from senator Boz |
lah.
The state called but two witnesses in |
rebuttal today. At the last moment |
the prosecution decided not 70 call /
either the mine owners or the Pinker. |
ton detectives. Captain James Me- /
Partland the superintendent of the |
western division OF the Pinkerton de-
tective agency. who II was expected |
would be one Of the most picturesque !
Witnesses was not called.
The Witnesses examined today were
from Colorado.
G. NJ. Sackett, employed at the |
Smugglcr Union mine at Telluride. had /
am intimate knowledge of conditions
resulting from the struggle between
the members of the Western Fedora
tiun and the owners of the mines. N
amount of severity on the part of J..
r. Richardson changed Saskctts posi-
tive assertion that the mob of the cit'-
zenS alliance OF the Cripple Gre
district took the law into their own
ndnNS as a last ltNhlt anu AuhA A+tN
organization was made up of good t..-
izeus Of the district. He justii
the deportations 10y saying that a. ''
were necessary because the citizen.
had reached the conclusion that men
who refused To work themselves or
10 permit other people to work should
De sent away.
The last witness of the day and the
last witness of the state was William
Stuart a Scotchman, red bearded ami
retaining the burr Of his native Ian
guage on his tongue He was miner
la cripple Creek, and told terrible
story of mal-treatment at the hands
of miners who had warned him that
he would have to take the cons~-
quenccs II he went to work as a'scab.
Stuart went 30 work. however
.i.. Ei,ital G.Da dismissed ~" VT
ness with the words
That's all"
stuart wheeled out Of the witness
chair. and as he stepped down he said
quietly
"Hnmph. well there is more if ye
want g."
And with this the prosecution rested.
The attorneys Tor the defense in the
Haywood ease. who are representing
g. W Aller. one % the Colorado Wit
uesses charged with perjury. argued
today before the justice of the peace
for dismissal on the ground that the
IlMNUA WIS on Ml lNlAliAAAfl ihl punt a
Tho justice took The matter under adj
fi-ement. ,
ON the opening Of court this morn
ing Attorney Richardson notified tht
state that the defense desired three of G
h- states witnesses 90 remain in z
town.
Judge Wood announced that prior % "
the opening OF the argument he would Z
notify the counsel as 10 the mann
points iu evidence ON which he would "a
Instruct the jury. Darr0w. for the de- .
.ruse. announced that the surrebuital Cd
Tor the defense would be very short. .
% NJ Sackett Of Telluride Col. for i
hueeu years an emplOye Of the Snug \
slrf Union mine. was the first witne-s !
.f the day. tie told his personal eN- ,
.'rri-nces in the big riot at the SNUG
s.er Union IN 1901. when he said lie
ind several other Smuggler Union ems
.layes were compelled 90 run through y
perfect hal ~ bullets in order % get g
% the mine. "
He said that Vincent st. John was n
.he head of the Telluride union at thAf %
tme- The witness next told ~ nega 81
iating with St John 90 have tha fir t
nE stopped, and said he reached an 4
igreement with him.
Sackett said that a. q result nf the
i-F'tiatipnE h. had with -. John. an .
isreement between Edgar a. Collin,
-si-tanf manager of the mine and s. d.
i"hn af the union. was drawn up and .
itnrd- The agreement was offered in y
fiurnce and although the defense nr- i
-.lea. the judge allowed 90 90 D. filed z
rms Agreement was dated luly 3, q