The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-07-20
Of DEFENSE
SHORN BY JUDGE WOOD
Jury in Haywood Case VIII Not Consider Con-
spiracy Of Mine Owners and
Detectives.
Opening Address of Mr. Hawey Who Claimed Orchards Story
Had Been CorrobOrated

Boise, Ida, July lathe field for argu-
nlent both from the prosecution and de-
Tense Of William ID. Haywood has been
limited by Judge Wood, who in decision
handed down today removed from consid-
GRAFTON of the jury all evidence bearing
on the alleged conspiracy by mine own
ers and others against the Western Fede-
ration of Miners. Judge Wood decided
that the defense of Haywood had made
no legal connection of the Mine Owners
association. the Citizens Alliance Of Colo
RADIO and the PinkertOn detective agency
as laying a foundation for the evidence
introduced by the defense to show that
the charge against Haywood and his CO
defendants is the outcome Of a conspiracy
To eXterminate the federation
Immediately following the announcement
of this decision argument commenced.
Judge Hawley, leading counsel for the
state, spoke for two hours and fifteen
minutes Of the afternoon session, the
morning session having been adjourned to
enable the judge to prepare his decision.
Court Room Crowded.
Every seat in the courtroom was occu-
pied. Outside the Enclosure reserved for
attorneys and newspaper men, were many
persons prominent in public and private
life and a sprinkling of women in sum-
mer costumes added color to the auditor
jun space Governor Frank GOOding, ex-
Governor Morrison, a number of the Off
GERS of the state administration, Captain
a son of the murdered ex-governor, and
large gathering Of members of the bar of
Idaho and adjoining states were present.
Haywood sat behind six of his counsel.
His wife in her invalid chair, was placed
on his right and his eldest daughter sat
beside her mother. HaywOods half-sis-
ter and stepfather occupied seats close
TO the defense group.
Hawley's Address.
Mr.. Hawley, who has been i'll for several
days as the result of the strain of the
long trial commenced his address in a
voice almost inaudible 10 anyone except
the jury. He apolOgized for this, how
ever. explaining that he had feared he
would be unable owing TO Hl-health to de-
liver prolonged address. Mr. Hawley is
the Nestor Of the Boise bar He is man
of impressive presence and aggressive
speech. Warming to his subject this af-
teTnOon, his voice lost ali trace Of weak
ness. His address after the opening state
ment, in which he explained that he had
none Of the grace of words that consu-
tute an orator. was at times eloquentiy
impassioned, but withal a plain analysis
Of the evidence. He characterized the
case as the most important ever given
to the jury in the United States" and
urged the jury to a serious consideration
Of the responsibility placed upon them.
His denunciatiOn Of the defendant and his
co-conspirators as the worst band of
criminals that ever infested any section
Of this country was forcetul and his
quent in the extreme. Mr.. Hawley de-
scribed Orchards story as truthful not
only because of the manner in which it
was told. but because il had been COrrO-
borated in every important detail. Then
when he found reason for the confession
in the conscience of the criminal stirred
10y memories of happy bOyhoOd in a viz
tuous home there was q waver OF emo
ton in the pleader's voice and more than
a suspicion of tears among his audience.
Many Interruptions.
Counsel for the defense repeatedly inter
rupted Mr.. Hawley with protests and OBJ
jectiOns. but these only seemed to stir
him TO greater effort. Once or twice he
turned to Clarence Darrow and faced him
with a roar of anger and another time
he said 1T does not lie in the mouth of
counsel to find excuse for these awful
crimes"
Mr. Hawley concluded this afternoon
with the statement that already he had
shown enough to convict and that any
juryman not willing to convict on the eVi-
denCe connecting the cOnSp1ratOrs with
Sullivan concentration in 1889 and the ex-
plOsiOn at the indicator mine IN 1903
sought only TO rid himself of an -un-
pleasant duty to his state
Mr.. Hawley will continue his argument
tomorrow when court meets at $3.50 and
will probably conclude before adjourn
ment Judge Wood has notified counsel
for the defense that he expects argument
Judge Wood announced a 10 o'clock that
ne could not be ready TO rule on the mat
ter of excluding certain evidence from the
consideration of the jury and the argu-
ments Of counsel until ? p. m. He in
struCted James H. Hawley, leading couu-
sci for the state. to be ready to proceed
at that time. The opening address for the
defense will be made by Attorney +. F.
Richardson of Denver on Monday morn
ing.
Motion of Defense Denied.
To preserve the record Mr. Richardson
again today moved that the jury be in
structed to return a verdict OF not guilty
on the ground that the defendant Hay
wood has not been connected by the evil
dence with the crime alleged. The motion
was formally made and formally denied.
The courtroom was crowded to the
doors when the afternoon session began
at O'Clock. Governor GOoding of Idaho
was present for the first time When
Haywood came in he found his wife's in
valid chair had been placed some distance
from him. He took hold of 1t himself
and wheeled it into position Immediately
at his right.
Judge Wood as soon as he had taken
his place on the bench began to read his