Show Y TO FRIDAY DAY DAYN IN N HAYWOOD CASE Loose Ends in Long Lout Trial Are Being Gathered in sad and nd Verdict Nay l V Come Conic Much Sooner Than First Expected Story of St. St John William Willian D. D Haywood d treasurer secretary of the tha Western Federation of Miners will will likely likely know his fate by next Monday or Tuesday Both sides in the trial of at Boise expect to be through with their evidence tomorrow afternoon and the attorneys expect to begin their arguments ments to the jury jury- Friday Judge Wood V is urging all possible haste in closing up th the long legal struggle and if there is no delay the twelve s solemn men who have haye sat in ill the jur jury box for weeks listen listening ing to the many witnesses wit e ses will march malch to their quarters in ina ina a l few ew days to vote vote- on th the question of li life and liberty of the man on trial I BOISE IDA IBA IDA JULY 17 REBUT REBUTTAL REBUT REBUT- TAL L EVIDENCE EI IN THE HA HAYWOOD TR TRIAL AL WILL BE CONCLUDED THIS rillS AFTERNOON AND AS THE CASE SE NOW STANDS IT T IS QUITE LIKELY THAT THE D DEFENSE WILT WILL ALSO CLOSE ITS 04 CASE ARGUMENT EN M MAY B BEGIN IN F IDAy o 0 o. o N. N SACKETT SACKET T ONE OF TICS OFFICIALS OFFICIALS OFFICIALS OF OF- OI Of or tnt THE It SMUGGLER SMUGGLER- UNION UmON MIh n nAT AT TELLURIDE COLO WAS WA'S THE ONE WITNESS UNDER EXAMINATION TillS THIS MORNING HE GA GAVE VE AN INTERESTING INTERESTING INTERESTING INTER- INTER ESTING ACCOUNT OF THE CONDITION CONDITION CONDI CONDI- TION EXISTING IN TELLURIDE FROM 1001 TO 1901 TO 1904 AND LEADING UP TO THE DECLARATION OF MARTIAL LAW An interesting piece of document documentary fY evidence introduced evidence introduced by the State was wasi a it written ritten agreement entered into in between hdward Edward Collins CoBins assistant manager manager manager man man- ager of tho the Union Smuggler mint mina and Vin Vincent ent St. St John president of the local union o of the Western Federation of Miners Under this agreement St. St John a agreed to stop the attacks upon the Smug Union Smuggler mine Under examination cross-examination Sackett was unshaken He justified the action of the citizens in the law into their own hands prior to the arrival of the militia and described the conditions as contrary to the well being of peace- peace loving citizens Rebuttal Sur-Rebuttal Short On the opening of court this morning Attorney Richardson n notified the State that the defense desired three e of the State witnesses to remain in town Judge Wood announced that prior to the opening of argument he would notify notify noti noti- fy counsel as to the main points in fn the evidence on oU which he would instruct the jury Clarence Darr Darrow w for the de de- tense feuse announced the sur-rebuttal sur for forthe forthe forthe the defense would be very short Judge Wood said that while he be would not limit the attorneys in their arguments argument's arguments ments ment's he probably would increase the court hours so as t to get et through through- as 4 quickly as possible The lawyers w were re inclined to protest at this Mr Hawley I for the State announcing ing that he had been een anything but well during the past few days He le said he JIe might have bave to temporarily abandon tho the examination of witnesses if he felt no better The matter of arranging arranging ar ar- ar ranging the hours for argument nt was wasP finally left in iii abeyance O. O oVI M. of Sackett of Telluride Colo for fifteen years fears an employee of the the Smug Smug gl Union gler-Union aline rune was the first witness of the tho day dav He Ho told his his' personal experience experience experience ex ex- i in the big riot at the at-the the Smug Smug- gl Union gler-Union rUniou in iu 1901 when he said that he and severs severa several other employees of the min mine were were com compelled to run a perfect hail of bullets in order to get to the mine Who was as the head of the union union in i Telluride at It that time timeT a asked ked Hawley John fh The witness next told of negotiations with ith St. St T Jol Jel 61 n to have haye the firing firing- stopped I and reaching an a agreement with him The Th defense defense objected objected t to several o S ot Mr ir questions and Judge sustained themI themI them H I I will gill sa say said Judge W Wood si sig sig- that the court regards asvery at as' very vent doubtful the the materiality of the tho testimony Ci the State is trying to rebut 7 I Work q If of St t John Mr Hawley Ha said aid lie thought that as all I the defense had been allowed to lo go Into matter r. r of dep deportations etc from Crip ripple J Greek rcck and T the State should be he allowed owed t lo to make a showing on r rebuttal butt I. I The Court o will not allow you to go into d details tails s slid said id Judge Wood Iii In that case ase replied Mr Hawley Haw Haw- ley I will assume what the courts court's instructions will be as to this t sti- sti mony we will see as to that when we corm com chimed in Darrow Th The witness was allowed to state that as li a. a result of the of-the the negotiations he be had bad ad with mth St St. St John an a agreement between Edgar A. A Collins assistant mana manager er of of the mine and St. St John of the union was drawn up up and si signed The Tho agreement when offered in evidence was objected Continued on Page 8 HAYWOOD I Continued from page 1 to br by the defense Judge Wood after considering the matter for some Bomo little time decided to admit the paper and it proved probably one ono of the mos most interesting inter inter- esting and important exhibits of the trial rial trial It I t was dated July 3 1901 and in in HI tho miners' miners union agreed agreed to to refrain fr from m violence for three days clays The agreement wa was in part as follows It I is is hereby a agreed reed between the miners' miners union by V V. gt St. St John rohn president idelt I and the Union Smuggler M. M S. S company ly by jy Edgar A. A Collins assistant manager that hat all al work on said mine mino shall shaH cease For a period of three days ending Friday Fri Jr I day and pero that said miners' miners union union will wi refrain from violence violene as to person an and I property fo for the same p period The said Union Smuggler mine may employ fur four I guards durin during the period Were Afraid to Work The witness winess told of the killing of Arthur Arthur Arthur Ar Ar- thur Collins superintendent of the mine the disappearance of several miners in the district and various dis dis' disorders orders He lie s said id the men were afraid to work that many of these were shot on their way to the mines and it was because be because cause of these conditions that troops were ere brought into the tho district and martial mar marS law proclaimed proclaim d. d On examination cross cross Sackett said the trouble in 1901 lasted ast d Only three days Then the agreement went into effect and the matter w was s settled And everything continued peaceful peace peaceful ful in the district until late in in 1903 didn't it it asked Well Wel there was a sort of armed arme neutrality In the trouble of 1901 do you know which side fired fred the first shot 7 I could only give hea hearsay ay evidence as to that Attorney Richardson read to the wit witness witness ness and the jury another agreement entered into July 6 1901 b bj by the tho Smuggler Smuggler Smuggler Smug Smug- gler union mine and the miners miners' union union union- It I set forth that the differences between between between be be- tween the mine and the union had bad been amicably adjusted the union expressing expressing expressing express express- ing its is entire r disapproval of the recent recent re reo re- re cent outrages and agreeing not to mo molest molest lest union or union non workers that agreement continued in in force and effect from July 6 1901 up to the general strike of 1903 didn't didn it iU Ostensibly replied the witness Sackett next was asked as to the part he played playe in the deportation of men from the Telluride district He said he helped escort out of town members of the union who were recognized recognized as agitators and who had pre pm- prevented vented peaceable citizens from going goin to work Merchant Deported Depore As to the deportation of the merchant merchant mer mer- chant Mr who sympathized I with the union Sackett said he het took ok no part But But I knew they had him he added You saw him marched barefooted barefoote and without coat or hat for many blocks over the frozen ground gound and held for hours in a vacant lot didn't you you No his wife had brou brought ht his shoes when I saw him You made these deportations without without with with- out any authority of law didn't you you We had the law of self defense replied relied the witness The Citizens Citizens' alliance alance met the tho night the deportations began Asked if this alliance alance wasn't compose composed of f gamblers merchants bankers bankers' banker and others who had hd been been boycotted by the union the witness witness wit wit- ness said he could not a agree ree to wt any such What was it composed of then It HI It was composed of all al persons who desired to see seo the mines in operation who desired to live lve therein there I peace without t havin having harm their lives taken and who wanted La to work and let others work Asked Aske if men of f family and property owners were not deported departed Sackett said Some Som men were temporarily deported deported deported de de- de- de ported who ou ought not to have been but they were allowed to come back Was allowed to come comeback comeback back No NoHe sir sir He is not even allowed to go back now is he despite the fact JO that he much re owns property th there I dont don't know as to that Didn't Didt Turn Tn Other Oter Cheek The witness winess said that since sine the deportations de port ton every everything thia had been quiet and satisfactory in the district n And you have a local of the Western West West- em ern Federation of Miners with wih over members haven't you Ive Ive heard something about a union union there but I dont don't know of it Sackett could remember the names of o only two men who were killed during dur dur- ing leg tho the Telluride troubles If I and others were interfering interfering inter inter- ferin fering with the peace why didn't t you appeal to the court demanded Attorney Attorney Ator ney Richardson We had bad tried that for years and found it futile fute the winess witness said mada made several speeches and supplied the undesirable element with goods from his store And t that's ha ts t's all al there was against him hini wasn't it it I dont don't know As a matter of lef fact was an advocate of the doctrine doctrine of nonresistance resist non an ance e wasn't he and believed thai that when smitten on one cheek he should turn tur the other I never saw him do it i replied d the winess witness amid laughter he said said was known as a So So- As the luncheon recess until p. p m. m was ordered Judge Wood announced announced announced an an- that if i possible he desired the State to close is its rebuttal case durin during the afternoon |