Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-06-05

for their use. They will be given every
comfort, but will not be allowed to read
accounts of the case or to communicate
with anyone except by permission OF
the court. Their correspondence Will be
censored by some person appointed by
counsel. They have their own cook ana
servants and take regular exercise.
The jury filed in at $50 o'clock. Hay
wood was a trifle pale as he took ms
Mace near the counsel table and de-
cIared he felt "uuite Well after his
brief Illness Of last night Judge Wood
aoptared at $40 O'Clock. Mr.. HaWley
began his address five minutes later.
He declared he had no intention Of go
ing into the details Of the states case
to any extent. The evidence would full
" develop the events the state wished
the jury TO consider.
Mr.. Hawlcy I'trn briefly went over
the events Immediately preceding the
death If Former Governor Steunenbcrs
whom i, ;7.st~:bn-d ;.s one of the fore
most n.G.t,. VIZ ru, ~t.tc 0f Idaho He
said tn; !ia,l: Orchard. who is said
tc hav" r,af,':.s. d.t, placing tn" bomb
y hich killed SteuncnDerg, was mem
her Of the Western Federation Of Min
ers as was JACK Simpkims, who has
never been arpre hended.
Mr. Hawley said that while Hay
wood. Pcttibune ana Meyer are sp"ci-
fically charged in the Indictment with
having thrown or exploded the bomb
it is not the purpose of the prosecution
to prove that they were in the state Of
Idaho III the time Of the crime. Under
In Of Ma .t.t ia I'm
SORES Lefore the fact are not recog-
nized as such. but must be charged
with the crime as principals. Those who
ala. advise. abet or assist in crime are
recognized under the laws of idaho,
whether present or not, as principals in
the crime.
ut is our purpose" the leading at
torncy for tn" state went ON. 'tO show
that the death Cf Steuncnberg was the
result Of 4 conspiracy, IN understand
ing ana collision between the leaders of
the Western Federation of Miners and
other persons"
Mr. Hawley said the rank and file Of
the organization were guiltlcss Of the
crimes alleged.
But we will show" he said, "tlIat
the leaders of this organization have
been responsible not only for the dealt!
IF StcunenberS, but scores Of others
besides"
Mr.. barrow for the defence prompt
~ objected, indicating the purpose Of
the defence to endeavor to conline the
prosecution absolutely to the death of
Steun"nDerg.
Mr. barrow declared the death of
nf ,tJ 4 a,
with the case.
The court cannot tell at this time
whether the statement is objectionable
or not. objection overruled," said Judge
Wood.
Judge Wood asked Mr.. Hawley if lie
expected to show by evidence the re
spnnSibility Of the defendant in the
Western Federation of Miners alleged
unlawful acts and received reply in
tt" affirmative
The leaders," said Mr.. Hawley,
''havc employed desperate criminals
from time to time to do away with
those who may have been selected for
one reason On another for disappear
ancc ana who have run counter to their
interests"
Again Mr.. barrow was on his feet
objcctirg to The states address and de-
noEncing ii as a ''mprc piece Of rhetOr-
IT,"
\ heated argument followed. Mr.
HaVlay Objccting to the repeated in
trrruptions. Finally he said to Mr..
barrow:
Il am not running this ease accord
ing to your ideas. thank God. and I
II.
Interruptions"
'Now, finally" said Mr. barrow to
the court: we insist that tn" state has
~ right to max" proof in this trial Of
all "f the alleged disurdcrly Or unlawful
acts OF the Western Federation of Min
c"s which have extended all over the
Western country. We are not trying;
anyon" here bit ". y. Haywood ana
tn" charge is tn" murder of Former
GOV. StrUncnbcrg."
The court" said Judge Wood. "can-
not tell whether iii" prosecution will ~
allowed to make such proof or not until
the time comes"
it WAS iinaH! agreed that tn whole
IF the address should BE- considered ;:5
-Ncepted ~ the ,!crcnce.
MIR. II.IWlry reSuming said:
The killing of Stcunenhcrg was not
the primary act Of the main conSpir-
acy Int merely incidental t. it,"
The speaker then passed to the kill
ing of St"unen0crg. He graphically
described the scene at Caldwell when
Steunenbcrg. returning 10 his home
was killed by a bomb. He told Of the
suspicion directed to Orchard.
1t was evident at once" he said,
that something more than private
vengeance" "as responsible for the kill
in- OF Steuncnbcrg.''
lie traced Orchards movements in
Caldwell and his appearance in COM
pany with John l.. Simpkins was
shrWn. He told of the arrest Of Or
chard ard the unsolicited tender of the
services Of Attorney Fred Miller of
Spokane. He said that the state
would show that an unsigned letter
received by Orchard was written by
Pettibon".
The speaker then told Of the confess
sion ~ orchard 70 James Mcfarland,
both OF whom lie would call to the
stand.
Nr. Hawlrv went lack to 1893 to
show tic reasons leading up 70 the