Show SENATOR BORAH AND RICHARDSON ARGUE FOR CHANGES IN RECORD BOISE Ida July 19 In In replying replying- to Clarence Darrow yesterday afternoon Senator Borah said that counsel for the defense in his opening address t to the jury claimed that a conspiracy existed between the Pinkerton detectives the Own Mine ers ers' association and the Citizens' Citizens alliance to drive the Western Federation of ot MIners Miners Miners Mi MI- ners out of Colorado and that many of ot the crimes charged to the Western Fed Ye of Miners were In fact tact committed as Incidents of the conspiracy to get rid of the union miners But when we come to sift sitt the matter matter matter mat mat- ter out continued Senator Borah what do we we find That the conspiracy had bad nothing to do with the Vindicator explosion ex e- cx- cx where Beck and McCormick TV were ere killed That was an accident The conspiracy conspiracy conspiracy con con- had nothing to do with the at attempt attempt attempt at- at tempt on Bradley That was a gas gae ex ex- pk slon The conspiracy had nothing to todo todo todo do do- with the death of ot That was the personal revenge of Harry Barry Or Or- chard The conspiracy had nothing to todo todo todo do with the death of Lyte Gregory That was the result of personal difficulties The conspiracy had nothing to do with the attempts on Justice Gabbert and Governor Governor Governor Gov Gov- Peabody They were the results of ot political feeling Suppose we admit for the sake of ot ar argument argument argument ar- ar that a conspiracy existed that fact tact has not been shown here by any competent evidence under any rule of law I am not going to argue this case on the lines laid down by Mr Darrow that they have not the right to prove a counter conspiracy I I am not going to oppose the principle t that they have a aright aright right to o prove o It but it-but but t what chat t I contend ri is I that they have not proved It Let them put some member mb of the conspiracy I on the stand a and prove v tt that the conspiracy is responsible lor for the crimes complained of Testimony t as to a conspiracy must come meT at first sOth hand i and d dac ac cannot be accepted accept accept- c ed from a third party who knows only by hearsay After Atter quoting After quoting at some length from authorities authorities authorities au au- au- au on conspiracy law Senator Borah Berth went on Let us JIS admit for tor the sake lake of ot argument argument argument u arg-u- ment that K C. C Sterling was the member of ot a conspiracy What has the defense shown as to his connection with the In Independence Independence Independence In- In dependence depot affair That Orchard was s seen to g go to his room that after th the explosion Sterling l said Yd to call fI the dog off a trail because he knew who committed committed committed com com- the crime that crime that It was Steve Adams There is nothing to 0 show W what Orchard d and der Sterling t II talked fic about Rg All Ith I we have is the statement n of a t third I party th that ra he hSe heard 3 Sterling make olk a declaration declaration declara declara- c tion that he knew who committed the crime Here is no threat no confession no admission of ot having committed a aAs crime As to to the probability that the bloodhound bloodhound blood blood- bloodhound hound called off ot by Sterling was on Orchards Orchard's Orchards Orchard's Orchards Orchard's Or Or- chard's trail Senator Borah said that more than a thousand people had been around the depot before before- the dog arrived and that Orchard mounted a a. horse about a mile from the depot The dog seemed to overlook this fact tact said the Senator for tor he was wast eight t miles from the scene when called aUed 0 Let the Jury say as t to what they be believe be p 11 lieve eta as to the dog Interrupted Attorney At torney Richardson Oh no said Senator Borah I X am going to have something to say as to that right now There was a time when the thet testimony of bloodhounds Jog ro was acceptable c I t but that g l was a before Abraham a Lincoln signed the Declaration of ot Independence The Senator was Interrupted by a a. rippie ripple ripple rip rip- pie of laughter In the crowded courtroom Evidently E Intent upon his argument he did not see the mistake for some mom mo mo- m merits ments tI Then he l laughed le leo too o I should ho denh denho have o e said f the b proclamation of ot emancipation he explained but aUthe all aU the same it ft was a declaration of ot Independence Independence Inde Inde- to some sonic people Reading the tile authorities as to the admissibility ad- ad w Senator lt Borah Borab of the quoted u action f from of bloodhounds one lg one which said that while the testimony of ot such dogs had sometimes been acted upon b by mobs It had bad been accepted In a court of ot law Jaw only once once once-In In Alabama and Alabama and then as expert testimony the foundation for which had been laid by a s. thorough qualification qualification quaIl quaIl- of ot the dogs as as as' to what they had done in their way of ot tracking persons The dog put on the trail tran after atter the In Independence In dependence depot affair was not qualified qualified fied fled by the defense With regard d dt to the Pinkertons' Pinkertons g s' s Bg connection connection con con- h rf with t the case Senator Borah said there was absolutely nothing in the testimony of ot the witness Friedman or Inthe Inthe in inthe I the documents he stole from the archives of Ot the Pinkerton office anything to connect connect connect con con- the detectives with any of the crimes under investigation Friedman admitted that the Mine Owners Owners' association was not a client of the PInkertons Some In Individual Individual In- In mine owners were clients but that was all The defense makes much of ot the fact that Pinkerton Operative RIddell went down to TellurIde and joined the union and talked anarchy He did not go there until after Arthur Collins had been killed and two men had disappeared ared and themore themore the themore the higher he more he talked anarchy climbed In the union Riddell talked because because because be be- cause he believed in doing what the Romans did But where is there one bit bitof bitof of ot evidence to show that Riddell was connected In any way ay with any crime hereunder given or any crime whatsoever ever Senator Borah said the State did not wish to strike out any of the evidence In Introduced Introduced introduced In- In by the defense as to Bradley or the Vindicator incidents as he be believed believed believed be- be It legal b bt t he said there was nothing In support of ot the contention that the Mine Owners' Owners association had been responsible for any of the crimes al- al Upon Senator Borah's conclusion Attorney Attorney Attorney At At- torney Richardson arose to make snake the cl closing n argument for the defense e I He lie i said a that te very little ree h had been e heard In the case of ot the actual issue Involved Involved- the assassination of Governor berg If there had been evidence to directly connect with this offense the Colorado troubles would never have been heard of ot But the State was reduced to the claim that the killing of berg was but a mere incident of ot the giant conspiracy and in an effort to prove a conspiracy had to go to Colo Cob Colorado Colorado rado to get hold of or widely separated circumstances Orchard was not a member of ot the conspiracy cond conspiracy con con- set up p by the e State R Richardson r ir dR etu h declared d but all he c claimed d was that he was the Instrument selected from time timeto timeto to time to carry out some Individually given Instruction JU JUI Orchard c said I Haywood employed him to do certain things and the State at attempts attempts attempts at- at tempts to connect him by a set of ot cir cir- cir cir- Haywood comes in iii and says I will show a set of stronger circumstances circumstances circum circum- stances against tl s someone n noi oi else etha I i claim il and urge It upon n your honor that all of this evidence should go to the jury or none of ot It You cannot convict these men of the killing of for what happened in Colorado Leaving Orchards Orchard's s uncorroborated testimony mony mollY out of the proposition he said the circumstances Indicated a far stronger motive on the part of the Mine Owners' Owners association than the Western Federation of Miners Mr Richardson concluded at Judge Wood announced that he might be prepared prepared pre pre- I pared Dared to decide the matter in the morn- morn I Ing Court then adjourned until 1 o'clock this morning |