New-York tribune., 1907-07-20
BLOW All BOISE DEFENCE
TESTIMONY RULED OUT.
Dir. Harcley Begins Arguments for
HQy1UO0d Prosecution.

Boise. July 10-Iudge Wood announced in the
afternoon session OF the Haywood trial to-day a
ruling against most of the testimony of the do
fence and sustaining the story told by Orchard.
Mr., Hawley later opened the arguments for tho
and is not expected TO finish until tomorrow
afternoon Tho opening address for the defence will
be made by Mr. Richardson Monday morning. To
preserve the record Mr.. Richardson again moved
to-day that the Jury be instructed to return a
verdict of not guilty. on the ground that Hay
wood has not been connected by the evidence
with the crime alleged The motion was formally
mede and formally denied.
Judge Wood announced early in the morning
session that he would not be prepared TO an
nounce his ruling TO the adnissibility of Ger
tain evidence until afternoon, and adjournment
wes taken until o'clock.
The courtroom was crowded when the afternoon
session began. Governor Goodin8 OF lGtho was
present for the first time When Haywood came
IN he found HIS wifes invalid chair had ooen placed
some distance from him. He took mold Of II him
self and wheeled II into position ininediate'y at
/ h.s right
on the bench, began TO read his decision as 70 tAe
exclusion Of certain evidence. He announced that
h!a decision only preliminary to the instruc-
tons he viii give tho jury al the end or the arsu-
Iuentr The most important phase Of the decision
was striking of the cass all testimony relating
N tba dsnoratton OF the miners from the Cripple
/ CrSok and Telluride districts OF Colorado. In tho
first instance Judge Wood struck out Of the record
| that portion OF Orchards testimony relating Ia
what PetGbOne told hlm OF Trip III WiCh 10 t1soA
sent Steve Adams 20 got rid OF claim Jumpers III
/ Northern Idaho. This matter. he said. Rad not
| beer connected in any way with Haywood
| ''Tha next question suggested BY the court and
/ ARGUED ty counsel" said Judge Wood. involves
the .uater!allty OF evidence introduced ny ule ue
| fence showing n long series OF deportat!ons OF
r,'rare and other persons and other acts OF Vio-
lenoe involving the destruction OF property beons-
! t-,- ~ +ba yVcstern Federation of Miners GER
tain local unions thereof also as TO the Uaterfaty
OF other evidence INTRODUCED by the defence sho"
| ing that the Pnkerton Detective Agency h hai
placed detectives in various local uionS Oh Sao
| ..I,he court suggested the Imnatertality Of this
| c,1deuoa before the conclusion OF the states re-
| buttal. and advsed counsel that argument %ouIo ~
no in,ated thereon before the instructions or the
| court wero settled This testimony was , AL az
| mitted tho promise ana assurance oI Coui.se
| hat tho proper connection would 90 mace ei!oW-
ing that somo Mt least OF tho various acts OF Vlo
enoe testified by the wines. orchard were ellor
NOT committed by the witness. Orchard or II COM
nfted by him. some other person or persons pro-
c1,re him % commit such acts of violence. either
| - ~yyfrh defences was proper and legitimate, II
! anv evidence could be secured t"Edlns TO estaoAS
- tSn opinion Of the court no evidence in
,roduoed by the defence even pointing 70 OF indl-
| eating that the acts OF violence test!ned 10 oy
| C-cLs-l n actuaIly committed by any one. We
ooynntttnd by any other porson or persons than az
testified to by the last named witness Mother Is
tnAre any evidence tending TO point 10 or from
which II might 10 nforred that any lholVlHuS4 OF
i,noy combination OF persons procured any oLlSr
person to commit sah acts Of violence " thsy
were comrn'ttSd. than es testInod 10 OS So
ness At the furthest the testimony introduces
would only furnish motive. perhaps Tor some
one elsa 70 commit procure the COMMISSION VI
,,o ,,arlous acta OF violence involved which We're
testified 10 IN behalf Of t!.e state
E,,t q is clear that the motive alone. in third
,,arso, 10 commit an offence FOR which n party Is
6atng tried is not admissible in tho absence OF
other testimony In some way connec'lhs OF po1-s' ~
,rg ~ such third person the guilty party. Aht
1 ,rt1,.as orchard has testified mlnutely and In de-
tail to the circumstances involving the NHld' ~ ~: 49,
explosion the eA2loslon at the tIcs n
and other acts and attempted acts OF "oion'' Il
the city OF Denver -, ,..o In 70
The testimony introduced by tho defenoo la 80
1,+,o, 20 deD0rt atlons the destroying OF PFoPo
. Ia,ors,ne 70 the local unions Of the Western ~
Grafton Of Miners and the various coIiIlc'o - ~,
! ,bn union miners aud their symeathiz-rs anu W r
HI,ra Ooner,' Association and the militia ana 'h'
/ ,,sr5ous citizens alliances does not point 10 az
one or even indicate that any partlcuI&I 80,
.,,bor committed tho of violence coIipl.Aio'
-, or nrocured Orchard commit such "cts y
= violence And In tho absence OF such conn
,,1.nco the court feels compelled 70 taAe TINS 'El
denco from the Jury and instruct ClenA .,o,
dlsresard it IN arriving at their VerdIct AHo ~ -
Of tho court tbs metter Is perhaps ''4 t 80 .
duty but II Is n responsibility that the CO.. t ~
,gbt N shift from itself 10 the jury when ca1le'
non for rnaI consid sraton OF this cage 4,
counsel for the defence urges that II TINS 'es''
-, ,s ,yrhdrav,n from the jury all evidence IN
,.oi,,rs the Vindcator explosion, the lhaepehuelI
depot explosion and other acts OF po'eS9 'tll
t,v,ted acts of violence IN tho state OF CoIoraao
to.ttGad - by tho witness Orchard, should DO WIN
drawn from the jury. This evidence tle court i'H
80, ,owsr 70 withdraw from the jury unlSSs upoi
- +baor,- that the witness Orchard, Delns an ac
conplico and co-conspirator his tesuinohy III ie
latiou thereto might be foulo 'o DO eN''0'' wiz
= ont corrObO. alton ,
..rIa has testified, although an accompice and
co-conspirator, all OF these acts OF violence AM
has either before or after conneC'ed uns oeien ,.
ant herewith The court is clearly Of the opinion
that there is sufficient corrohoratlon 70 necessau
tho submission OF this evidence TO the jury AM
that the reasons for Withdrawing nus eEi
deno, do not exist to the evidence Of deporta
ti,ns ana other acts OF violence in tho Crippt
Creek and Telluride country.
The testimony OF the state for whatever 1t ma
be worth with the jury connects ths eeLeloan' -, ~
trial directly with the various acts OF violence IN
volved in the evidence OF the state SO FAR as the.
nppIy to the state OF Colorado wle the tss
of the defence which Will be Withdrawn IroiA III
i,,r,, loas not point Indicate that any othe
person or persons either committed such 1cts ,
violence or procured the commission theIoo4'
tbase reasons the court will instruct the jury Wue
arriving its verdict 10 disregard an eVieIiTo
troduced by defence and upon reouttfl, re4It.l
10 denortntions OF miners and other persons iFoI
Crippe Greek end the vicinity OF IelAuEl'o, H41 g
,-i5tnca i'm reIat ton to the conflicts IN the sam
1ocalities between the Western Federauon ~, y
nr,nara and their sympathizers on one side ana III
uit,rv ORGANIZATIONS detectives associations an
- oy,nars' associations and individuals IN TN
, Same localities on the other. -, Ito y
Tho defence noted exception to the whoie
the decision 49,, ...s s.c,eon had bee
eIad the fury was called in, and then the opeii ~
orr,rnent of the state was begun oy i Jaiie ~
Hawley. Mr. Hawley has been III ior b hogan hi
he looked in bad physical cohulOio" N9 ~
argument in low voice -, -, IN rae chin
| Mr. Hawley congratulated the jury oiA ,r.t. :,
l the end of what he terIneu l'o n -, en- hand
~ anv 1ury in the United States. All uIsI , ~ ~
state desired. declared. was that ~ equ i,,rSa %
act justice should he done Ile sssion of HaTr
, aImcst Immediately into the confesslol pt "a, 80,
Q orchard on which the people pTesehteu me- ,
Ee characterized the story as the mus % ne
dinary recital ever heard In q courtroom, Ane, @
v was no attempt at concealraent. INC '''A'
| told In O. way that carried o"hVioeoA-