The Hope pioneer. [volume] (Hope, N.D.) 1882-1964, 1907-07-25
AAWLEY ENDS Speech
IN haywood TRIAL.
DEFENDS ORCHARDS TEsTl.
MoNY AND SAYS 1T WAS DUE
TO "DlVlNE GRACE"
CHARGES PERJURY
AGAINST MINERS

The Court Excludes the Evidence Pre-.
sented Tending to Show Conspi-
racy on the Part of the Mine
Owners.
Boise, Idaho, July 22.-The trial Of
William D. Haywood, secretary and
treasurer of the Western Federation
of Miners, which has occupied the
district court of Ada county for
the last ten weeks, has entered it's
last stage and James H. Hawley, lead
ing counsel for the prosecution, is
now arguing to the jury that the evil
dence presented by the state proves
the guilt of Haywood as a member,
to use his own words, "of the worst
band of consiprators that ever in
tested any section of this country"
Attorney Hawley began his argument
Friday afternoon after the court had
rendered it's decision excluding a large
portion of the testimony of the de-
Tense bearing on the alleged con-
spiracy of the mine owners to wreck
the Western Federation of Miners.
Continuing Saturday the chief
prosecutor first devoted his attention
to the alleged attempt to wreck a
train on the Florence & Cripple Creek
railroad. This was one of the Incl
dents of the Colorado labor troubles
testified to by Harry Orchard. .
Defends Orchards Story.
Mr.. Hawley Friday and Saturday
has characterized Orchards evidence
as a plain story, told without effort
at concealment, without boastfulness
and without fear. He points out that
a cross-examination without parallel
in the history of criminal cases failed
to alter the story in any one particu-
lar. He maintained that the confess
sion Of Orchard vas due to the power
of Divine grace"
Quoting the law of conspiracy that
every man connected by the evidence
with a conspiracy or combination
must be responsible for every act done
and every word spoken by a member
of the combination, Mr.. Hawley said
it was a just law, because otherwise
any man might preach abominable
crime and then fall back, claiming
that his hands were clean, though the
foulest crime resulted from his ad-
vice. On this. he said, is based the
charge against Haywood that he muir
dered ex-Gov. Steunenberg, and on
this was based the affidavit made by
the county attorney to secure the ex.
tradition of Meyer, Haywood and Pet
tibone.
No Perjury in Extradition.
"Any statement" said Mr.. Hawley,
that counsel for the defense may
make to you charging that the extradi.
ton of these men was secured on a
perjured affidavit is false and done
merely for the purpose of %distracting
your attention and creating prejudice
against the prosecution. We main:
tain that under the plain law of con
spiracy Haywood is guilty of the muir
der of Gov. Steunenberg."
Mr.. Hawley has reviewed the evidence
of the blowing up of the Bunker Hill
and Sullivan concentrator at Ward
ner, for which he maintains the
Western Federation of Miners
through the acts of it's officers, was
responsible, and in plain word charged
willful perjury against a number Of
witnesses brought by the defense tc
contradict Orchards story of the
crime.
Arguments Are Anticipated.
He repeatedly anticipated the prob
able argument of counsel for the de
Tense, which he said would be direct
ed toward exciting hatred agains,
some persons connected. with the
prosecution. you WILL" he said
hear charges brought against the
murdered governor who did his duty
no more, no less, when he established
order in the Occur d'Alenes and called
out soldiers wearing the uniform O
the United States army to insur,
peace"
Mr.. Hawley said that. the state ex
pected Easterly and Davis and Cop
ley and Haywood and Meyer to swea,
that they had nothing to do with an.
of the crimes charged against them
He said he did not blame them TO-
perjuring themselves when they wer,
charged with great crime.
Turning to Colorado, the counse
referred to the evidence of Thoma,
Moore. who swore for the defense il
their showing that the explosion a
the Vfndicator mine was due to al
accident. The killing of Mcconnell
and the accident at the Vindicator b,
referred to as a heinous crime, blu
said a more awful crime was contem
plated because the intention was t,
blow a whole carload of n%onunio1
men to eternity without warning.
Mr.. Hawley produced a plan of tn,
mine and with a pointed cane showe'
the errors in Woods testimony. H
brought out photographs to show tina
the conditions Wood described wer
popovSctopf ond fpo11y ~ ,houa L