Albuquerque evening citizen. [volume] (Albuquerque, N.M.) 1905-1907, 1907-07-19
TESTIMONY CONCERNING
DETECTIVES IS
RULED OUT
Judge Decides Against Evil
denCe Regarding VlndiCa.
tor and independence
Explosions.
M'PARlAND PRESENT
FOR THE FIRST TIME
Famous Sleuth Listened to Argu
ments TOday--DefenSe Not
Pleased With Part of Rul-
ing but Compensated
by Remainder.

Boise, Idaho, July 19.-Judge
Wood announced this afternoon his
decision, withdrawing from the jury
all evidence bearing on the deporta-
ton of miners and employment of
detectives in Colorado. He admitted
the evidence as to the Vindicator
mine and Independence depot explo-
sons.
In the Haywood trial today James
Mcfarland, the detective whose
name has been mentioned SO fire.
-quently in connection with the Sc
curing of evidence against the West
ern Federation of Miners, was in the
court room for the nrst time since
the trial started. He came to listen
to the arguments in the case and at
tracted considerable attention.
Judge Was Not Ready.
Judge Wood announced at 10
o'clock this morning that he would
not be ready to rule on the matter
of excluding certain evidence from
consideration and argument of coun-
sci until p. m. He instructed James
II. Hawley, leading counsel for the
state, to be ready to proceed at that
time.
Hawley is not expected to conclude
until tomorrow afternoon. The open
ing address for the defense will be
made by Attorney Richardson on
Monday morning.
10 preserve tne record tt1CnaTQSOn
again today moved that the jury be
instructed to return a verdict of mot
guilty on the ground that the de-
fendant Haywood had not been con-
nected by the evidence. with the
crime alleged. The motion was for
mally made and formally denied.
Defense Compensated.
Attorney Darrow was not pleased
with the ruling of the court in re-
gard to the detectives part in pro-
ducing the trouble in the mining dis
tricts, but he was compensated by
the ruling on the Vindicator and In
dependence matters.
Benefit of Doubt.
In his argument as to admisability
of evidence yesterday, Mr.. Darrow
spent some time in discussing and
citing authorities as to the materially
of the evidence showing threats on
the part of Orchard against Govern
or Steunenberg. He declared 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.. Darrow charged the Independ-
ence explosion directly to X. c. Sterl-
ing. the detective of the Mine own
ers' association. Three undisputed
witnesses, he declared, had told OF
seeing Orchard "sneak" into Sterl-
ing's room at night on at least fifteen
of the conspiracy the attorney as
serted, of the men who were "engag-
ed in the laudable occupation of driv-
ing out every man who had ever
shown any sympathy with the WeHt-
ern Federation of Miners, the men
who defied sheriffs and courts and
set themselves up as the only compe-
tent judges"
Sterling sat in the courtroom for 6
week and was not called, said Mr.
Darrow, and this he took as an ad-
mission of the truth of the testimony
of three witnesses who saw him SC
frequently in consultation with Or
chard.
AT any rate" he added, "thest
witnesses have not been arrested fol
perjury on the word of the most per
jured villain who ever came into
courtroom-Harry Orchard"
Arguing as to the competency o.
the testimony given as to conditions
and deportations in Colorado, Mr.
Darrow held that the defense should
be allowed equal latitude with th'
state.
Jury to Fix Value.
"a man defending his life" he ex
claimed, Should have even wide
latitude than is given to those VIII,
are seeking to send him to his death
We claim the crimes charged agains
Haywood, Meyer and Pettibone wer
committed by others, and we mus
be allowed TO show evidence, condi
tons and circumstances which ten,
10 bear us out. All that the min,
owners did-the deportation of men
the defiance of law, the forbidding o
merchants to sell food and supple
10 the families of the men driven ou
of the state-all that they did in fur
therance of their criminal conspirac
To destroy the Western Federation o
Miners is competent testimony, an
it should be left to the jury to deter
mine its value
As to the Pinkerton detectives VIII
were placed in the various lOca
unions. Mr.. barrow said, the jur
should be allowed to take their act
into consideration.
"They should not be charged u
to the union, these men who incite
the acts of violence, and the unio
should not be held wholly responsible
for them. They were on the payro
of the Pinkertons, those miserabl
agents who made incendiary speech
es. Are we going TO convict Bill Hay
wood of responsibility for these veI
min, who have even invaded thi
court house and tried To get upon IN
witness stand as our witnesses"
VNnnrfn...