Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-07-19
Attorneys for Defense Contest
for Same Latitude Allowed
State in Evidence to Show
Conspiracy,
JUDGE WOOD EXPECTED TO
RENDER DECISION TODAY
Bitter Denunciation Of Pinker-.
ton Detectives and Their
Methods BY Mb Danow the
Feature Of the Session,

Feature of the Session.
IBy Morning journal Special Leased Wirel
Boise, Idaho, July 1S.--A day Of ar
gument on the admissibility of points
of evidence followed the announce
ment from the defense that they had
no further witnesses to Offer in behalf
of William d. Haywood. The jury
was not brought into court, Judge
Wood having been informed by coun-
sci Of their decision to rest without
offer of sur-rebuttal testimony. Clar-
ence Darrow spoke for an hour and q
half or the morning session. Senator
Borah replied in the afternoon and
was followed by p. f. Richardson.
Judge Wood will probably announce
his decision tomorrow.
The point argued was the effort "
exclude from consideration by the jury
the evidence offered by the defense t)
show, by proof of deportation of min
ers from and the employment OF de-
tectives in the Cripple Creek district
of Colorado that a conspiracy was
formed among the mine. owners and
the citizens of the district TO prevent
the employment of members OF the
Western Federation Of Miners and the
postum TAKEN Uy lIe AAd , NoOu w
fense that Harry Orchard was em-
ployed by the Mine Owners .associa-
ton through detectives, to commit
crimes which were charged to the fed
Grafton. and public opinion aroused
against the union workers and II
therefore followed that If the conspir-
acy evidence for the state was admit
ted the defense had the right to show
a counter conspiracy.
In the absence Of the Jury the argu-
ment gave counsel an opportunity 70
take a wide range In commenting on
the methods employed on both sides
Mr. Darrow was impassioned and vi.
Imperative He bitterly assailed Or
chard and the Pinkertons.
Senator Borah confined himself
largely to the legality Of the question
Of admissibiiity lie spoke for an
hour, forcefuliy reviewing the evidence
Ind claims made BY the defense which
he said failed to show by any member
Of the alleged conspiracy between the
mine owners and the Pinkertons thai
any such conspiracy existed.
Mr.. Richardson argued that con
spiracy had been shown by contrib
utoiy effect of all the evidence intro.
duced BY the defense and closed witt
the statement that If the court saw n
to exclude'the evidence bearing on thu
Colorado situation. introduced by ths
state. counsel for the defense wOult
be satisfied to see their evidence
barred from Introduction
J. H. Hawley will open the argu
ment for the state at 0 o'clock 70
morrow morning. It Is expected n 3
he will take the entire day.
Darrow was the first TO speak ,
day. After referring TO the latitu
.tI.tnad the afa - tV the rpuTt DHFrt
took up the Coeur dAlene troubl
saying that Haywood at that time WI
an obscure member of a local union o
the federation hundreds of miles fron
the scene Of the disorder.
Darr0w spent some time discussinl
and citing authorities as to the mater
iaity Of evidence showing threat
against Governor Steunenberg on tn
part Of Harry Orchard. He charged
the Independence depot explosion L
Detective Sterling. he charged ais
that Pinkerton detectives had joine
unions and fostered riot and disorder
He closed with a whirlwind appea
for the right to show the alleged CON
spiracy against the Western Fedora
ton To the employment OF detec
tives Darrow declared most or practl
cally all of the testimony IN the cas-
was secured BY the Pinkertons, and
would be mnossible to disassOciat
them and their methods from the y
sue.
re said thatthe defendant was CON
pelled In refutation Of the charge {
the murder Of Governor Steunenberl
To meet an sorts and conditions Of a
legations The state was allOwc
through Orchard to bring In somethln
about an alleged attempt to wreck
train. and Of course this defendant wa
held up as the guilty party
WAS It lmmaterial for us to sho
that an attempt was made by dete'
lives IN the employ Of the railroa
company and mine owners assoclatio
10 cause this WreckY i think no
Neither was II incompetent Tor us
show that the men who perpetratt
the crime merely wanted 20 trump q
another charge against the Westei
Federation"
A. 10 the bradley explosion. Darro
said Il was entirely competent 10 pr
duco evidence that the explosion w
caused BY gas Il was also proper
show that The Nlndieator inclde
might have been an accident rath
than design
senator Borah hogan his address
repiy 10 Mr.. Darf0W Al 1910 p m. ~
said that counsel fer the defense
his opening address to the ju
claimed that a conspiracy existed b
tween the PIukfffon detectives q
Mine Owners association and the Ci
zen9 alliance la drive the Westc
Federation Of Miners out Of Colora
and that many aT the crimes chnre
lo The Western Federation Of Mine
we're ii fact committed - incidents
the conspiracy 70 81 rid Of the uni
eRuf when xs came 70 sit the ms