The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1907-07-27


Wood announced that he would be
prepared to decide the matter.
large crowd had gathered
Friday morning expecting to hear
Mr.. Hawley make his opening state
ment to the jury. but they were
doomed to disappointment for that
session at least for Immediately on
converting and after approving the
record of yesterdays proceedings he
announced that he would render his
decision ON the matters argued yes
terday at o'clock and recess was
taken To that time. Judge Wool an
nounced when court convened in the
afternoon that he would give his de-
cision. 1t removes from considers
ton by the jury all evidence intro
duced by the defense bearing on the
alleged counter conspiracy by mine
owners and others against the West
ern Federation of Miners. Judge
Wood decided that the attorneys de-
Tending Haywood had utterly failed
to make any legal connection of the
Mine Owners Association, the Cit
liens Alliance of Colorado and the
Pinkerton Detective Agency as lay
ing a foundation for evidence intro
duced by them to show that the
charge against Haywood and the CO.
defendants is the outcome of con-
spiracy to exterminate the Fedora
ton, and that nowhere had the de.
Tense introduced any testimony to
show that the crimes confessed by
Orchard, If committed, were commit
ted by anyone other than himself or
that he had been employed to com.
nit by any other persons than he
had confessed employed him. After
Judge Wood had announced his deci-
sion the jury was Immediately called
in and Mr.. Hawley began his argu-
ment The case he said had caused
the eyes Of the world to turn toward
Boise. Teh case marks an eooch IN
the history of the world and 1t is an
important duty the jury has to per-
| form. History is being made and all
the State of Idaho Is asking is that
| equal and exact Justice be done and
| the attorneys for the prosecution
were representing no one but the
State of Idaho. He said larger num-
Der of witnesses had been examined
than were ever examined in this court
before; he placed the number at 10.
He asked the careful consideration of
not only himself but also of the at
torneys for the defense. He then
went into a review of the case. He
described Orchards story as truth
full not only because of the manner
in which it was told but because II
had been corroborated in every i'm
portant detail. He said, Harry Or.
chard will be fiercely attacked in the
arguments of the attorneys for the
other side. They will insist his story
is immaterial, that he could not have
told the truth. But gentlemen, there
Is some mysterious but powerful
influence back of this confession
I'll tell you what l believe 1t was
1t was the saving power of divine
grace working upon his soul ant
through him to bring to justice on
of the worst criminal bands tina
ever operated in this country. Or
chard's faith Is now In God He |
, a Christian. He has told his stor
, that justice may reign and he full
expects to bear the punishment tn
law demands. Orchard told you wit
/ tears In his eyes, with voice hushet
that he told his story because h
knew 1t was duty he owed to Got
himself and humanity" Mr.. Hav
I ley, after reviewing the events of o.
( chard's confession and testimony 6
far as the Bunker Hill and Sulliva
Q Mill in 1899 and the Vindicatt
e mine explosion in 1908, conclude
4 his argument for the, afternoon
saying that he had already show
enough to convict unless a juryma
sought only to rid himself of an u
e pleasant duty to his state. Cou
o adjourned until Saturday at $3.50.
e Even despite the extreme he
i when court opened on Saturday Il
1t court room was fully occupied al
o remained during the entire two sc
Is sions of the court. Mr.. Hawley +
IF from being in first class physical co
10 dition. handicapped by a severe .
It tack of stomach trouble, spoke alt
T. gether for nearly eight hours. d.
tributed over three sessions of coul
m Throughoutsthe day, Mr.. Hawley us
ii am alomst conversational tone on
Is at intervals becoming enthused al
| I'D bxyt h. oAnCfAS