The Washington herald., 1907-07-20

Boise, July I9-Judge Wood this after
noon ruled that Orchards testimony has
been sufficiently corroborated to give II
to the jury, and that much Of the testi-
mony offered TO prove conspiracy against
the unions failed 10 substantiate the de-
fense's contention. and was, therefore,
ordered excluded
After the ruling, the jury flied back into
the courtroom to listen to the first Of
the four arguments that will be made
before the fate OF the secretary of the
Western Federation Of Miners is finally
committed TO their keeping. Lawyer
Hawley opened for the prosecution, and
was still talking when court adjourned
FOR the day. He was allowed all the time
he desired for the conclusion OF his argu-
ment On Monday Lawyer Darrow viii
open for the defense. being followed by
Lawyer Richardson. and Senator Borah
will close the case for the State.
Judge Woods opinion excludes from the
case a very large part of the testimony
that has been permitted to go on the
record. It was the testimony that was
made the subject of the arguments that
occurred all day yesterday. both sides
suffered from this opinion. but most OF
the testimony that was excluded was
offered by witnesses by the defense.
Much Testimony Thrown out.
The stare had offered some evidence
about a talk Orchard had with Pe-tibons
in which he told him Steve Adams had
gone into Northern Idaho 10 help Jack
Simpkins, as executive board member OF
the Federation, drive out some timber
claim Jumpers. The court held that this
testimony had in no way been connected
with Haywood. and. therefore. must De
stricken out.
The opinion then took up the material
ity Of the evidence offered by the defense
dealing with long series Of acts OF vio-
lence. deportations Of miners. ana de-
structlon Of property Of the unions in
Telluride and the Cripple Creek district.
and also with the employment Of Pinker-
ton detectives 10 get an entrance to
miners unions, all Of which was ad-
mitted on the promise OF counsel TO show
that it tended TO prove that the various
acts Orchard said he had committed were
not committed by him, or, if committed
by him, were procured by persons other
than the defendants. On this point the
court said:
In the opinion Of the court no evidence
was introduced by the defense. even
pointing 20 or indicating that the acts Of
violence. testified to by Orchard. If actu-i
ally committed by any one, were COM
mitted by another person than as testified
TO by the last named witness.
Materially of Evidence Not shown.
Neither is there any evidence pointing
to, or from which it might be inferred.
that any individual association OF other
combination Of persons procured any
other person to commit said acts Of vio-
lence, if they were committed than as
testified to by said witness. At the far
thest the testimony introduced would
only furnish a motive, perhaps, for some
one else to commit or procure the com
mission of various acts Of violence in
volved, which were testified TO in behalf
Of the State. But it is clear that motive
alone, that a third person to commit an
offense for which third party is being
tried. is not admissible in the absence OF
other testimony some way connecting or
pointing to such third person as the
guilty party The witness. Orchard. has
testified miuutely and in detail to the
circumstances involving the Vindicator
explosion. the explosion at the Independ-
ence depot and other acts and attempted
acts Of violence in the city of Denver
Counter Conspiracy Unproven,
"The testimony introduced by the de-
fense in regard to the destruction Of prop
erty belonging to the local unions of the
Western Federation of Miners and the
various conflicts between the union
miners and their sympathizers and the
militia and the various citizens alliances
and the Mine Owners Association does
nor point to any one, or even Indicate
that any particular person either commit
ted the acts of violence complained Of or
procured Orchard to commit such acts Of
violence And in the absence Of any con-
Meeting evidence, the court feels com
PEELED TO take this evidence from the turv
and instruct them to fully disregard # in
arriving at their verdict The action OF
the court in this matter is perhaps an
unpleasant duty, but it Is a responsibility
that the court has no right TO shift from
itself to the jury when called upon for
final consideration of this case"
Confession Goes to the Jury.
Judge Wood said that counsel for tba
defense had urged that if this testimony
should be Withdrawn from the Jury the
court should also withdraw ali testimony
given by Orchard about the various crimes
he told about but added that this could
only be done on the theory that Orchard
being a co-cOnspirator and aecomplice. his
testimony had been found to be entirely
without confederation.
The court is clearly of the opjnIon -
Judge Wood went on, that there is suffi- !
clent corroboration to necessitate the sub
mission OF this evidence to the jury, and
Continued on Page 3, Column 4.