New-York tribune., 1907-07-19
BOISE DEFENCE RESTS.
DAY SPENT IN ARGUMENT.
Admissibility Of EUidence Question
Considered by Court

Boise. July 1S.-Argument the admissibility of
points of evidence to-day followed announcement
from the defence that it had no further witnesses
to offer in behalf of William d. Haywood, charged
with numbering Frank Steunenberg The jury was
not brought into court, Judge Wood having been
Informed by counsel of their decision TO rest with
out offer of sur-rebuttal. Clarence Darrow spoke
for an hour and a half the morning session
Senator Borah replied in the afternoon and was
followed by z. f. Richardson. Judge Wood will
probably announce his decision tomorrow
ing.
The point argued was the proposal to exclude
from consideration by the jury the evidence Of
fered by the defence to show. by proof of deporta
ton of miners from and the employment of detec-
tiVes In the Cripple Creek region of Colorado, that
conspiracy was formed among the mine owners
and the citizens Of the region 10 prevent the en-
pIoyment of members of the Western Federation
OF Miners. The position taken by the Haywood
defence was that Harry Orchard employed by
the Mine Owners Association through detectives
10 commit crimes which were then charged to the
federation TO arouse public opinion against the
union workers and 1t therefore followed that if
Colorado evidence for the state admitted the
defence had the right to show conspir-
acy. The reply of the state that the defence
had failed legally to connect their case in the par
ucuars and 'herefore the evidence merely confused
the issue.
In the absence Of the jury the argument gave
counsel an opportunity take a wide range in
commenting on the methods employed by both
sides Mr.. Darrow mpassioned and vitupera-
tive He bitterly assailed Orchard and the Pnker-
tons. He maintained that Orchards story con-
Meeting Haywood and the Western Federation of
Miners with the various crimes to which Orchard
confessed had not been Corrohorated that the
Nindicator mine explosion an accident, that
the Independence station explosion where four
teen men were killed, planned by x. g. Ster-
llng and d c. Scott. railroad detectives and that
the Pfnkertons sent into the region 10 Join
the unions and incite the members TO riot and dis
order. Incidentally. he said. tho Bradley incident
in San Francisco was due to an explosion of gas
as shown by the evidence for the defence and that
Haywood had not been connected at any point with
any OF the overt acts confessed 10 by Orchard ex-
cept by the discredited testimony Orchard him
self
Senator Boreh confined himself largely the
legality Of the question OF admissbity. He spoke
for hour. forcefuIly reviewing the evidence and
assertions made by the defence. which he said,
failed 10 show. by any member of tho alleged con
spiracy between the mine owners association and
the Pinkertons that any such conspiracy existed.
He took the position and quoted authorities TO
show that a conspiracy be considered only
after the Introduction OF direct evidence Of CON
spirator
Mr. Richardson argued that a conspiracy had
been shown by the contributory fact that all the
evidence introduced by the defence and closed
with the statement that # the court fit ex-
cude the evidence bearing the Colorado situa-
ton introduced by the state. counsel for the de-
fence would be satisfied their evidence barred
from consideration. Judge Wood stated that IN all
probability he would decide tomorrow.
]. H. Hawley will open the argument for the
state tomorrow morning. 1t IS expected that he
will take the entire day. Mr.. Richardson. for the
defence, will speak on Saturday.