Show MIT US HEIN PROM declares that the state has fully corroborated the story told by orchard and appeals to jury for convict on of the labor leader boise idaho james H hawley leading counsel for the state of idaho presenting the first of the ar to the jury in the cabe u against illiam D haywood spoke for nearly eight hours distributed over three sess sessions ions of 0 court even when tae a afternoon session saturday had extended far beyond the customary time limit every seat in the court room was occupied and remained so until the last word was spoken none listened more attentively to the argument than haywood the defendant and none showed less emotion from time to time be he took copt cop ous notes in a amali book and tre fre made suggestions to one or other of his counsel during his address saturday mr halley haw ie used an almost conversational tone step by step he followed or chard along the road the great crim 1 inal had selected after he left the coeur calenes stopping at the vin 1 decator mine and then at the independence pen dence depot to count sixteen dead in denver one more was added to the list and the analysis of testimony in contradiction of orchal orchards aids d s story con eluded frequently with the de nuncia tion of witness after witness as will tul ful perjurers or guilty of unintentional falsehood mi hawley peroration was im press lve there was no attempt at lit any flight of oratory but only a strong note of deep sincerity and great earnestness when he pleaded for an honest judgment from honed t men of idaho we will be charged he said with making war on this western federation of miners but I 1 for your honest judgment I 1 do not seek to hang the scalps of innocent men to my belt I 1 am here to hunt hun down the guilty mr haw IlaI ley ey said he did not charge that a majority or even that many of the lNe western sterix federation of miners were criminals but that the evil deeds of the officers and of the scum the had brought dis credit on the rank and file the time had indeed come he said when right Illi thinking tiling men should ribe au and make war upon the evil influences that were the curse of all labor eions we must show the world he con eluded that here in idaho we are a law abiding and a God Goil fearing people who will deal out even evenhanded handed justice to the criminal accused of the highest crime as to the tramp charged with isome petty breach of the law mr hawley declared declai ed thattie that the state ments made by orchard had been cor ro borated and it was time the leaders of the western estern federation of miners nere brought to the bar of justice and shown that there is a higher law in this land than their own desires it is time for us he continued I 1 to show them that here in idaho we are ard a law abiding a god fearing people who intend to do our duty toward the leaders of the western federation of miners or some lowly with some minor offense we believe sou on men of the jury are impressed with a firm desire to do your duty as you see it all that the prosecution asks Is jour our best judgment your honest judgment in lit the argument on the other side we will hear much of capital waging war on labor unions nothing could be more untrue in this case all that has been spent in this inquiry has pome rome from the coffers of the state of idaho As to labor unions no man has a higher regard than I 1 have for them and no man belleme bel leeb leie more strongly than I 1 do that laboring men should band themselves tog together ther to secure shorter hours and higher wages but the western federation of miners under the leadership of moyer haywood hay wood and patti bone can not be classel with any of the labor organizations that me e know ol 01 anil and which will be referred to by counsel tor for the labor organizations that we know are not in criminal hands and are not criminal in intent and pur pose neither are the rank and tile of the western federation of miners but the organization has fallen into sinister hands boise idaho the field for ment both from the prosecution and defense of william D haywood has been limited by judge wood who in a decision handed down on friday re moved from consideration of the jury all evidence bearing hearing on the alleged conspiracy by mine owners and others against the western federation of 0 miners judge wood decided that the defense of haywood had made no legal connection of the mine owners association the citizens alliance ol 01 colorado and the pinkerton detective agency as laying a foundation for the evidence introduced by the defense defenso to how chow that the charge against hay wood and his defendants codefendants co Is the out come of a conspiracy to exterminate the federation immediately following the announcement of this decision argument corn com fenced judge hawley leading coun coull sel set for the state spoke for two hours and fifteen minutes of the afternoon session the morning session having been adjourned to enable the judge to prepare his decision every seat in the courtroom was oc cupped outside the fri inclosure closure re served for attorneys and newspaper men were many persons prominent in public and private life and a sprinkling of women in summer costumes added color to the auditorium space cover gover nor frank gooding ex governor mor rison a number of the officers of the state administration captain james julian P a son of the murdered ex governor and a large gathering of members of the bar of idaho and adjoining states mere ere present haywood sat behind six of his counsel his ills wife in her invalid chair was placed on his right and his eldest daughter sat beside her mother Ila haywood a halt half sister and stepfather occupied seats close to the defense group opening address by mr hawley mr hawley who has been ill for several days as the result of the strain of the long trial commenced his ad dress in a voice almost inaudible to anyone extent the lury jury he lie apolio gazed for this however hoever explaining that he had feared he would be unable owing to ill health to deliver a prolonged address mr hawley Is the nestor of the boise bar he ile is a man of impressive presence prea ence and aggressive speech warming to his subject friday afternoon bis his voice after the opening statement in which he explained that he had none of the grace of words that constitute an orator was at times eloquently impassioned but withal a plain analysis of the evidence he ile characterized the case as the most important ever given to the jury in the united states and urged the jury to a serious consideration of the responsibility placed upon them his ills denunciation nuncia tion of the defendant and his co conspirators as the worst band of criminals that eer ener infested any se c this country was forceful and bis his eulogy logy of ex governor eloquent in the extreme mr hawley described orchard orchards s story as truthful not only because of the manner in which it was told but because it had been corroborated in every important detail then when he found reason for the confession in the conscience of the criminal stirred by memories ot of a happy boyhood in a virtuous home there was a waver of emotion in the pleaders voice and more than a BUS sus dicion of tears among his audience counsel for the defense repeatedly interrupted mr hawley with protests and objections but these only seemed to stir him to greater effort once cr twice he turned to clarence dar row and faced him with a roar of anger and another time he said it does not e in the mouth of counsel to find ex cuse tor for these awful crimes |