The Glenwood post., 1908-07-11
Bible STORIES
TOLD ADAMS
Defense Accuses MCFARLAND
Of Winging Confession
= From Noted Prisoner
AUTHORITIES ARE CITED

Grand Junction, July 9.-Ad-
mitting that he told Biblical sto-
ries, supplied Adams with cigars
and related to the prisoner how
the men implicated in the Molly
Mcguire troubles of Pennsylva-
MIA had secured immunity by
turning states evidence, James
Mcfarland, superintendent of the
Pinkerton detective agency, who
obtained the famous Harry Or
chard confession, yesterday told
with Bowery accent how he had
obtained the confession from
Steve Adams, now on trial in the
district court for the murder of
Arthur Collins, manager of the
Smuggler Umonn mine at Tellu-
ride in November, 1902.
Mcfarland was the first witness
called yesterday morning, when
the fight over the admissibility of
the alleged confession was opened
before Judge Shackelford in the
absence of the jury. After hear
ing Mcfarland, Bulkeley Wells,
Deputy Warden Mills of the Ida
no penitentiary, Chief Clerk
Huebner of the same institution
} and Stenographer j. W. Hopkins,
who took down the confession,
gave their evidence. The atten-
tion of the court was then taken
up with the citation of authori-
ties. Attorney Ralph Esteb, the
brilliant young Wyoming lawyer,
who is associated with the de-
fense, occupied an hour and a
half reading statutes and rulings
of courts throughout America and
England in support Of the conten-
ton of the defense that conf IS
sion obtained through threat oc
promise of favor punishment is
involuntary and cannot be admit
ted. Attorney Esteb's argument
was plain but forceful. He con-
fined himself strictly to the legal
side of the question without at
tempting to indulge in any ora
tory or advert from the issue, and
made a strong address.
In the following American cas-
es, Esteb said the language in
each was held to be an induce
ment sufficient to exclude con-
fession or statement made in con-
sequence thereof:
"Yeu have got your foot in it.
and somebody else was with you
now, if you did not break open
the door, the best thing you can
do is to tell all about it, and to
tell who was with you, and to tell
the truth, the whole truth and
nothing but the truth"
Another:
81 don't think the truth viii
hurt anybody. 1t will be better
for you to come out and tell all
you know about it, if you feel
that way"
Another:
cit will be better for you to
confess"
The defense holds that McPar.
land in his own testimony said
that he told Adams it would be
better for him to confess and
that in view of this the confession
should be excluded.
At the close of Mr.. Esteb's ar
gument and citations District At
torney Selig occupied almost two
hours in presenting authorities il
behalf of the states contention
that the confession was the fre'
and voluntary act of Adams ant
should be admitted. Court ad
journed with the authorities no
all submitted, and Congressman
H. M. Hogg will continue for tn
state this morning, followed b!
Attorney Hilton for the defense
Railing Likely To-day.
A ruling by the court is expect
ed today. It is said that if tn
court allows the confession to g
to the jury, the jury must the
give it Whatever weight it ma!
se> IT: but that il the confession