The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-06-21
ITS CASE IS MADE
The State Is About Through
With Presenting Evidence
In the Case of w. ID. Haywood
Charged With Murder.
PLAN OF THE DEFENSE
LIS to Ask the Court to Instruct
the Jury to Acquit.
This, of Course, Is Merely a
Matter Of Form.
PLAN OF THE DEFENSE

/ will be occupied with the evidence
filling in the gaps left open because
of the absence of witnesses or docu-
ments
The defense will not attempt to deny
or contradict Orchards statements
that he is many times a murderer or
that he is guilty of the crimes of
which he stands charged, but they
maintain that their client Haywood
had no connection with them. Today
or tomorrow they will move that the
charge against Haywood be dismissed
because the state has failed to show
his connection with any of the crimes
of which Orchard has told or to con-
meet him with the specific crime of
which he stands charged.
If the action of the defense to dis
msis is denied the defense will COM
mence its innings on Monday next.
Clarence Darrow of Chicago will make
the opening speech and will present
the case for the defense. Then will
follow the evidence. The defense will
| be conducted by Mr.. barrow and he
intimates that there are surprises to
come.
The real struggle begins with the
opening of the case for the defense
and the outlining of it's case.
Thursday Afternoon.
Boise, June 21.-The reading of the
Miners magazines continued through
a great part of Thursday in the Hay
wood trial, Judge Wood naming each
exhibit and announcing at the same
time that an objection by the defense
to it's admission would be overruled
and an exception noted.
Senator Borah read each article as
the exhibit was called He made no
attempt at defamation and in fact
called out a protest from Clarence
oe graphic writing said jokingly: 'It
you have any more like that, I wish
you'd let US read them
The matter introduced cover
ed a wide range from political COM
ment to extreme denunciation of
Steunenberg. Peabody and Goddard
coming in for the greater share of the
more violent language The dates ran
from 1900 to the end of 1905, but
Judge Wood ruled out all the matter
offered from the magazines and APP
pearing in the numbers issued after
the death of Steunenberg.
Ed Boyce, the former president of
the Western Federation of Miners, now
a wealthy mine owner of this state,
was a constructive witness during the
reading, although he was not actually
on the stand. He had been introduced
by the state to testify that the Miners
magazine was the official organ of the
Western Federation of Miners. At the
conclusion of the reading, the defense
announced that there would be no
cross examination of Mr.. Boyce.
Judge Wood here allowed the state
to introduce a decision by the supreme
court of Colorado declaring unconsti-
tutional the eight hour law. Judge
Goddard participated in the decision.
The defense insisted that the de-
cision be read in entirety, Senator
Borah being at the task for nearly an
was taken until o'clock.
State Nearly Through.
Senator Borah announced that the
state would undoubtedly close today.
After recess Senator Borah offered in
evidence a decision of the supreme
court of Florida in the case of Charles
H. Meyer, denying a writ of habeaS
corpus to the president of the Western
was written by Chief Justice Gabbart
and was identified for the purpose of
sh owing alleged animus of the fedora
ton against the jurist, whose life was
attempted by Harry Orchard. The
reading of the decision of the court
was dispensed with for the time being
to enable the state to call to the stand
James Kirwan, acting secretary of the
Western Federation of Miners in the
absence of Haywood.
Kirwan detailed the duties of the Of
flee he now fills. He was asked about
the membership of the executive board
in different years, the object being to
show that Jack SimpkinS implicated by
Orchard in the first attempt upon Gov
ernor Steunenberg, was member of
the board in 1904 1905 and 1905. Kir-
wan said this was true. He said the
president and secretary and treasurer
are ex-Officio members of the board.
Money from the treasury of the or
ganization is paid out on order of the
president and secretary and treasurer
This was all that was desired of Mr..
Kirwan and he was released without
cross-examinatton.
Said He Ought to Be Killed.
4 iTiG nf
ker City, Ore, formerly chief engineer
of the Trade Dollar mine at Silver
City, was called to testify to a con-
versation he had with Haywood in
1889. The defense objected to this tes-
t:mony on the ground that any critic
ism of Steunenberg during the Occur
D'Alenes trouble could not have any
thing to do with fixing the RESPONSE
bility for his death. 1t was also ar
gued that in 1899, Haywood was but
working miner. holding no office what
ever in the Western Federation of
Miners. Judge Wood allowed the tes-
timony.
Mr.. Haywood said Governor Steunen-
berg was a tyrant and monster and
ought to be killed. believe extermina-
ted, was the word he used.'' said the
witness.
Cross examined by Richardson. Stew
art said that criticism of Governor
miners at Silver City, because 1000
miners were in the bull pen" at the
time and were held without trial. Ask
ed how it was he remembered what
Haywood said, Stewart replied;
81 had always looked on Mr.. Hay
wood as a model citizen and was sur
prised to hear him say what he did"
Haywood made several such utter
ances thereafter but so far as his con-
duct was concerned, he remained a
model citizen.
Stewart said several other men were
present when Haywood made the state
rent regarding Steunenberg. He could