Evening capital news. (Boise, Idaho) 1901-1927, 1919-11-11
M,KAlG GREETS
Continued from Pake One.)

league and the /. w. w. strenuous
! direction was imposed by the plain
! .IIIs, Mr.. Gooding was asked con-
corning David c. Coats and testified
ehat ne knew him and in the same
court room where he was now sitting,
| neard MIN testify that he was one of
| .ne organizers of the l. w. W. He
/ aiso tesufied Haywood was an !. w.
". Asked as to what he discovered
ABOUT the work of Ray McKaig in Ida
no during the last election, was OBJ
1ected to and sustained by the court.
The defense contended a right to show
| ,hat Mekaig had gone over the state
ana stirred up class hatred at time
"hen the government sought to have
unison of purpose, among the citizens
or the country.
Considerable time was used up in
an argument back and forth as to
| whether the political connections and
associates of McKaig could be shown
Glowing the reading of number Of
lfeferneces. the court ruled as follows:
SHOULD ADMIT EVIDENCE
think that In order to help the
jury resolve the conflict in the evil
dence and decide whether plaintiff ex-
pressed sympathy and regard for Mrs
y Hare, the court should admit evil
dence as to his political connections,
associates and employers, their polit-
ical Affiliations or connections. This
would be admissible under the plea of
justification in helping the jury to
decide what probably happened when
he met Mrs. O'Hare and his motives.
l do not think 1t necessarily follows
that I should admit detailed evidence
as to the actions or specific conduct OF
| these same associates of which the
defendants claim they were informed.
and which they set up in their plea of
mitigation. Such evidence is remote
and while it may have some probative
! value, that value is not sufficiently
great, and the bearing of such evidence
on the issue of justification is not di-
rect or strong enough to justify the
court in the exercise of a sound dscre-
ton, in permitting such evidence to
be introduced, as it would, the trial of
collateral issues"
Owing to 1t being Armistice Day.
the court recessed during the after
noon.
The seventh day of the trial of the
$4,000 libel suit of Ray McKaig
against Former Governor Gooding and
the statesman Printing company and
the first day for the defense, closed
Monday night with the defendant,
Gooding on the stand. Enough litera :
ture to open a small library was intro
duced by the defense and through this
it was soughttoshow that the heads of
the Non Partisan league We're social
lists, had socialistic tendencies and in
some cases We're identified with the
|. w. w. and anti-war element.
Page after page of this ltsra-
ture denouncing in scathins terms,
A. c. Townley, president of the
National Non Partisan league and
Arthur LeSeur. who signed him
self national executive secretary
of the league, were read to the
jury by w. G. Bisseii and when he
tired Of reading, the other attor-
neys took their turn. Before read
! ing from any of the books, they
were handed to Mr.. Goodins to
identify and each time he was
asked If he had received them
prior to the publieation Of the
complaint of the complained Of
advertisements and had knowl-
edge of their contents. He was
also asked If the information he
received from this literature from
various sources was such as to in
dictate to him that tho matter con-
tanned in the advertisements was
; true. The witness assured his
attorneys it certainly was.
|. w. w. MEETING.
The. league and the 7. w. W." was
the title of a pamphlet introduced and
read at the opening session of the
afternoon. 1t contained the minutes
of an /. w. w. held at Kansas City
! at which the chairman moved that
Arthur LeSeur' be given the floor
which carried unanimously. The
speech of LaSeur, who has been
prominently identified with the league
was quoted in ths pamphlet read to
the jury. He opened by informing
the I. w. w. brothers that the farm
ers of North Dakota would pay s. for
z q l0-hour day, cited conditions to
, some extent and finally announced.
IF we come to an understanding, II
:, viii mean the BALANCE OF power will
! be shifted from the state government
to the l. w. w. and Nom Partisan
league"
!, A letter from Arthur LeSeur to
: w. D. Haywood relating to the
|. trials of some |. w. VI. members
was read and it was cited the let
:. ter was signed by the attorney as
executive secretary Of the Nom
!, Partisan league. The letter was
quoted as saying in part: THE
dam war makes il hard to do good
organization and radical work, but
: advise centering efforts against
the spy act and conscription."
TOWNLEY BILL.
House bill No. A by the Non Parti-
san league leaders, introduced in the
Legislature of North Dakota in which
: it was sought to change the entire
constitution of North Dakota and turn
the state over to the socialist was in
: troduced as evidence. 1t was claimed
, by the attorney for the defense that
: the bill was drafted in secret confer
ence at which Townley Coats, Woods
! and other socialists were present.
,, ROOSEvELT'S SPEECH.
. The address OF the late Theodore
i Roosevelt, delivered at Billings, Mont,
> Oct 4, 1918, was admitted In evidence
over the objection of the defense. In
, this speech Mr.. Roosevelt warned
against the league and it's operat lone,
, declaring that when Il was first or
) ganized, he felt in sympathy with II,
! but after a full investigation of It's
operations, he must urge against 1t in
; strongest terms.
, One Of the strongest denunciatione
of the Nom Partisan League was given
, to the jury through letter written
by ]. A. Burnanist, governor OF Min
nexota, in declining an invitation to be
n n n a ~,