The Birmingham age-herald., 1907-07-18
Arguments VIII PrOqab|y Begin
 Friday Morning
VIVID TESTIMONY GIVEN
Last Two Witnesses Called by the Prosecution Give Accounts of the Conditions In Colorado Durinq
 the Period of Strife.

Boise. Idaho July 17-The state of Ida ho rests, content with the evidence 1t has introduced to prove that William D. Hay wood the secretary treasurer of the Vest ern Federation of Miners conspired to kill ex-Governor Frank Steunenberg. a former governor of the state. w. D. Haywood, through his counsel, will probably rest his case tomorrow with the jury so far as evidence Is eoncernea Possibly witnesses will he calezt in sn97 ; ai az pf F mo9d'- Hatse atn,uHH t me case may close without fnstscf , evidence.
 Judge Wood has invited argument to eliminate certain evidence and probably day will be taken to present the views of both sides to the instructions to the jury.
 On Friday morning argument Is expect ed and the last stage of the trial will have commenced. After having dismissed the jury this afternoon Judge Wood stated his opinion that the evidence introduced by the defense to prove d conspiracy on the part of the mine owners by showing the deportation of union miners from Cripple Creek district of Colorado during the strikes of 1908 and 1904 was not ma | terial to the issue involved and should not be submitted to the Jury. On the other hand he said the showing by the | state that Steve Adams was concerned In the killing of two men In the Occur d Alenes district did not appear to the court to be germane and should be elimi- mated. He announced, however, that the court would hear argument tomorrow on these points. Further, the court asked l that requests for instructions be submitted at once and arguments on these instre- lions may be expected tomorrow.
 Arguments to be Shortened. Judge Wood has already stated that by putting counsel on notice in the main points of which he would instruct the jury he hopes to considerably shorten the arg umentts.
 Another announcement by the court to- day was a determination to conclude the case within the next week. Judge Wood said he would hold three two-hour ses- sions during the arguments. k. F. Rich ardson protested against this but he met with no encouragement.
 J. W. Hawley will open the argument for the state and k. F. Richardson for the defense. Clarence Darrow will close in behalf of Haywood and the final arg ument will come from Senator Borah.
 The last day of the states innings in the trial opened with the statement by Richardson that he desired the court 10 order D. C. Scott, William Dewey and c. D. Rutan, witnesses who have testified In rebuttal for the state, to remain with in the Jurisdiction Of the court. This was afterwards explained on the ground that counsel for the defense was considering the adyisabllty of issuing certain war rants charging states witnesses with per- jury. Nothing was done during the day, however. and late tonight Clarence Dar- row said 1t was doubtful if such steps would be taken.
 sacketfs Strong Story.
 The state called but two witnesses in rebuttal today, notwithstanding Mir flaw leys statement that eight or ten wit nesses remained. At the last moment the prosecution decided not to call mine owners or Pinkerton detectives, believing this would strengthen their case before the jury. As d result of this decision Bulkeey Wells, formerly adjutant general of Colorado and recently elected a rail- road commissioner fin the state of Colora- do, left Boise yesterday.
 He was in command of the militia called out during the labor troubles in 1903-4 and was the man who dug up the bomb found where Orchard said he placed it at Judge Goddard's gate. Captain James Mozart land the superintendent of the western division of the Pinkerton detective agency. who IL was expected would be one of the most picturesque witnesses. was not call ed. The witnesses today were from Colo rado and gave vivid accounts of the con- dltions existing around the mines.
 O. M. Sackett, employed at the Smuggler Union mine at Telluride. had an intimate knowledge of conditions resulting from the struggle between the members of the Western Federation of Miners and the owners of the mines No amount of se- verity on the part of Richardson changed Sackett's positive assertion that the mem bers of the Citizens Alliance of the Grip pie Creek district took the law into their own hands last resort and that this organization was made up of good citizens of the district. He justified the deporta- ton on the ground that they were neces- -->~-------------
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