Show DEFENSE RECEIVES SETBACK IN MURDER CASE AT CALDWELL JURY TO BE ASKED TO HANG IIAN HAYWOOD Judge Wood Denies Motion o of Defense for Instruction r to Acquit REASONS NOT ANNOUNCED I Court Reserves s Them on I Ac-I Ac Account Ac- Ac count of Moyer and Pettibone Petti- Petti 1 bone Trials i. i Boise JUlie June 21 l. The case caso of oC the state against t William D D. Ha secretary y of of the tho Yc Western Federation of Minors charged with w-ith the tho murder of former Governor OO i is all in Judge Wood has denied tin th motion moJon of the Ule defense for fur un an t tIc the Jur jUI Jury to tu acquit lL Clarence S. S Darrow Dar- Dar row rov will make th the tho opening statement if for fOl the defense on un Monday next nt On Tuc Tuesday a the thc witnesses es for foi J JIa lay wood will bc begin in giving ln their testimony Measured ll by the aJ arguments of oC Senator Son Son- ator atul ah Borah fo for tIC the state tato and amid by 11 ncy imey C Richardson for COl the defense wlm c reviewed rc all time the evl evidence e enec adduced lu tt prove Io a prIma facie fade case against lIa Haywood Hay Hay- wood the tho CI em dIet of oC the thc jury when II it itIs 15 I Is Cd will i le rest ost t practically pi upon the time unsupported d confession of Harry HalT Orchard th time assassin am accomplice Truo 1111 Borah Dorah argues that time state ima has haM shown that a general g conspiracy with I he lime Western Federation of Miners ha has been becu established by te testimony lImon In Independent of Orchard and almI on oil this theory of oC the time states state's case Inc Jury will willbe be he asked cd to tl han hang woo on the ground that he was as a member of oC that conspiracy ii When hen en t the Ii c a arguments urs mucH ts w were verc Ie c ed cil late In tic tn afternoon Judge Wood un Immediately I overruled u the defendants defendant's motion to d dismiss l Should Go Gu to III 1131 Jury Time The court Is IN thoroughly hl convinced V. V that tha t this case should hOll go 10 tu r 11 I h t s I R J. J Ji fu court co ii lo to loj I I IL j the testimony in an opinion Jp I 1 L D ov made the thc closing argument rum fur the defense appealed to the 1 court lo lu taco lake of ur the nut hat failure the state slate had made In itt the pros pros- Sun carefully l and exhaust exhaust- analyzed nil all the testimony talt- talt L Ing Inu up each cuch c linens in chronological L' L d sequence und anti that without Orchards Orchard's s 's testimony not nol a single sh one tended lo tu conned connect with the murder of or all any other uther crime The motion notIon to lo dismiss was based upon section celion is j 1 of tile thc Idaho which reads A itA conviction cannot be hc had on un the te testimony tl I of uC an accomplice unless he lie lieIs heis is corroborated by other evidence Which in itself and without the time aid of I the testimony of th the accomplice len lends ends s to connect the defendant with coin coin- mission of time till offense am and the corroboration cort cor- cor rol I Is not sufficient if It merely mere mere- I ly 1 hows the tho commission of if the time offense of of- t or tIme the circumstances thereof 1 Richardson's Richardsons Argument 1 i t Eliminating Orchards Orchard's testimony f which the lie court Is bound lo to do llo under tho Limo law la Richardson ar argued there i 1 is not a line hue ot of writing IllS IllS' a wurt word or 01 a t. t I scrap of f ti that shows Haywood Hay Hay- wood woul hits has been guilty of the mur murder cl j of fIr f or ur an any other offense t Even if IC was shown to lo bo be 1 connected with the thc blowing UI up of the tho VIn Vindicator mine about which he hc knew to Orchards Orchard's own nothing according r declarations even cven If IC he lie plotted ant and I 1 conspired as d I says a he did dill r. r against Governor GU Peabody y Sherman Boll Bell Judge ull e Gah rt Ju Judge c God Fred V Bradley and even cn If he were k directly connected with the killing hilling of oC Wai aile Icy at at Denver cl there has lias been cen i here to connect him bun nothing J In presented directly or ur In Indirectly with the lie killing of He lie cannot l be c tried here hiCie lot for crimes committed committe In another 1 r slate Male and It does docs not lie in the tiLe mouth month of Jr Orchard who the statute declares r Is unworthy of belief to convict con him himon on oil his uncorroborated statements No 00 case in history has been so su wl widely discussed C there has haM never been 1 J bo so much editorial comment so u many ninny chal charges es of bias blat and prejudice as surrounds sur sur- rounds this ca case e. e and amid lo tu leave this his deen defendant de de- en to tu the time jury jUl Is lo tu Invite a verdict ver ver- ii dict let ha baaed ed upon upun 11 passion and prejudice If It were an all or ordinary ca case c any uny court i In lit the country would woul grant the motion lo tu dismiss and amI I ask your yUUl honor to separate Iho thie man from front the judge an timid and decide this motion according to lit the tho law iw of this niH and all other states slates tat an and direct verdict of the time jury Jun to lo write a a. o acquittal for 01 this Ilc defendant Claims State Stale I Has 1111 imi Failed Outside the lie testimony of Orchard this o Is time the flattest case that was ever presented pre sentell to any or 01 Jury to consider er here Merc conies cOllies a criminal time the foulest Mend oi OL criminal annals and he hc accuses this tills man nian and others Without l hi his shocking story there is h no foun foundation for fot an aim In- In there is no justification for the tue arrest o of or- orthe the defendant For more than luau thana a 1 year and amid a halt half the hue lye Ive agency has lias been scouring the time country commit coun II try y from one cue end to the other oilier to lo procure procure pro pro- cure curc evidence an and for COl three years yeal's prior lo to the death eath of this tills de detective de- de e- e agency was seeking to trap this I man and lila his tH associates into som and they ate are now unable tunable to produce a 0 case without time the aid of oC time the scoundrel who ks tinis for fOl the lie sole pole and omil purpose of oC saving his bis own neck Richardson son quoted man many authorities from supreme courts court in various states stale ant and included cd two Idaho decisions In support sup sup- port llort of or the motion mollon to dismiss 11 He reviewed re lC re- re viewed every bit of oC evidence which Is intended ell to lo establish h I Hay woods wood's con connection tion with the mur murder er anti and Cuned he lie said to find one Item that Hint comes within the rule of time the coin ts of this tate state and atud the statute be lie quoted piracy Con Pro men Pi-men Charge e I Senator Borah replied briefly for the time prosecution aOl and lie hue did not deem It necessary nce- nce essary to lO quote luote statutes or 01 decisions This case could go 0 anywhere In the lie country and there w would ut be he more prejudice dice against the defendants than lucre here In Boise Dolse City the senator said A fair nuil Impartial trial Is assured and this court and amid his prosecution will ivill do noth noth- I Continued on e ICI EI lIt ht JURY TO BE ASKED 1 TO HANG HAYWOOD Continued on from front l. l mo l o One Olle to in deprive Mr Mi of oC an any right Wo o 0 In Insist that we ha have shown a Il con- con on entirely Independent ent of Orchard This This' conspiracy did not nOl orl originate in iii a u night It gives gIveR out conditions condi In fn the tho Coeur Ir In tn 1 and we con contend that the time nucleus us us of or that thai conspiracy con con- was as in the hue est Western rh Federation atlon of Miners r and that the kernel of r the cr Cc e was WC through the hue leading lending of fl errs cr of or that organisation S Leave out Orchard and consider con con- sider aider the time facts facia und crud circumstances we have shown ho hero here by Ly Independent Ind mony Ln Under Cruder er the time law Jawor of conspiracy tiu th UK- UK act of one conspirator Is the act of all nIl tho Ito k knowledge of ot ono cute is the time knowledge gc 01 of all It Is not nol necessary foi 01 Us lIts to tosho sho show that Mr tr Haywood was m In Caldwell when was tas It IH Is only necessary to lo show that one member of oC tho the combination went to lo Caldwell tho ethers might have been In Europe hut but they were each an and amid all as all guilty as tim thc thomen men uncut who set the time bomb at the governors governor's gover gover- o cr l nor's nors g gate gale e. e One Con Confes co e o i o There aro two iwo ways ais of or proving pro u II con al On Otto One W hi for for- fora a member lo to to comeIn come como In sitU and tell what whal he lie knows kno which has hn happened here The Time other und end usual vay vaI 3 Is to show n a combination of or circumstances circum circum- stances acts an and declarations ecla ra all nil having ha an object or purpose UlI to accomplish We Ve have by y tho time of ot monc money by t telegrams and mind letters letter that tat Orchard Or Or- chard huard was wan In communication und autO connection ecu con with the thc Western F Federation and ami Its lenders headers We e e have o proved b by the the 1101 language of the tiui Federation that w wis s tim th object of ot tho will ill and und hatred oT of f the time F Federation d When hen lIe he retired from rom the time governorship 10 of ur this his state he ho was waa landed land e ed a M as a n and a traitor traitor and and In Inthe Inthe inthe the code of Unit hiatt organization ol time the or of treason must be bo wiped out with blood I JlII ln m o l ho I Untied While idie ii w was not iOl lr prominent In Inthe time the organization when tho the conflict arose with he hue later hAter took unto himself that thai hatred arose because of th bull buH pen pout Wo We l' l find Jack Jaek Simpkins th the supreme c 1 of ot the Federation Federa lion tion In the state stale of or Idaho at Caldwell with an nn obscure ob member of or that And mJ let me call tin tho attention of or counsel and court to tills hits circumstance circum stance SImpkins was a man who represented represented rep rep- resented a great labor organization lie Ife ought to have traveled tra In the time open light 01 lIa tIny day under untIe his own name But he lie went vent to tu Caldwell like lIko a 11 crimi n.-il n. with an aum assumed name and he hibernates hi hi- h mutes with this accomplice who hum has l here fhe They sleuth upon onberg und and spy epy upon hl his luha home an and finally the governor so Is IH blown lo to n at al athis athis his door b by tho the same method metho that blew UI up time the Bunker Hill Hili and Sullivan mine milic and time Iho Vindicator mine where men went wen 1 k killed I II ed There was SImpkins sleeping wRit with th time assassin with ZO 20 scalps hanging to tu ill hl imbu belt and before tho the actual murder I Idone Idone is done this labor Jabor leader j jumps out ot of th time countr country For or what l purpose was h lie he I hum hi Caldwell Then l' l Unsigned Lt hl Came Next there ther Is Hogan or 01 Orchard I In iii Jail for the murder Then comes a a. leiler letter let lei tel ler from rota Denver an nn un unsigned letter leiler the tIme home of oC the time Western Fedora J Ts Is that an Innocent nt transaction Wit h Why did not the time writer sign hi hui nam I If It was 1 an Innocent thing h he Q words That wilS bunt I to Jit jg 1 II 1 t I- I r s u Q that mat Jack Jacl is Jack SImpkins SImpkIn h Csc Orchard In iii San l'- l' FranCisco Fran could coul It IJ be Take I- I cl Cisco co where ho Ito Is familiarizing himself with Ih r lcM home home poisoning mill ml am and amid then blowing up the tIme front of oC the hU house hUc c Again time the means that thai blew up time the Via Via- II- II and amid the time Hill Hi mines W We proved Or Orchard hard traveling under th the theames names ames of Dempsey und Green got ot mone from and In s' s n that thai money b by wire com committed ml tied fon forgery forger ery tt 1 when ho lie signed tho the name of or J. J Wolff his imis clerk cere to lo the telegraph ph application On Oum the thc other uther occa occasion lon lie he sl signed lcd the time nam 1 P. Bone Bonc Are Arc these Innocent lions tons time thc counsel talks about Thos Tho Those are c c-ar c nrc time methods of criminals Lend Lead to lo CI From Froum San Francisco Orchard goes t to Denver er alwa always back to Denver the head head- of oC the time Western Federation Federation- l. l Take rake on any path you jou OU will wI with wih this as as- as 31 assin ho lie always Uh lS lea leads s you to Denver There Then we wu Un hind him hll pursuing the me who nIo the time enemies of oC the time with tho same devices for destruction He lie was Jur pursuing the time common enemy o othe of the time Federation a as us thc they viewed Ie It I. I Wo Wc 0 have JO J a conspiracy now U Uthe t li-t the time defense disprove o a It Daro Darrow al addressed the thai court on out th the motion moton to dismiss anti and alil without going JoJn over overal overall all al time the evidence pointed out generally general that lal time state Mate failed to ho connect Ha Un lie lie- woo wood with wih tho time charre charged 1 In hue thu In In- In Before anybody can caum cal be com cou time the testimony of or un an accomplice i Is us used L. L ho lie said there must be bc other evidence to directly connect this crime Where here Is Js that ut 0 ider e i o II It I Is II only In iii the hue Imagination and oratory ora ora- tor tory lory of or Senator norah beau We c must avo avo something be besides gen geum- charges und and violent i to convict cOllet a u man maui of C murder Those ThOl might go o with wIh a R JUl Jury but hut time the they ought not to go O I with wih a n Judge I I 1101 I Where Whereas here was as wal this cons c. c boin 1 Iio hue hu were mere the tIme pa parties to tu It I la Has anything any thing thing- been beell shown ho 11 li It 1 tales takes something besides feeling and prejudice to lo I maki tw out a a cO conspiracy to lo l kill m. m There Thim-re has hns been heen just ono die witness ss here who hu heartHa heard heart Ha n wood use intemperate wor words da in le me- CerIng to lv That wa was ivas li In iii 1 when tho Limo whole country was aroused when hundreds yc Yes es thou thousands all s sC of C it-el it e using words ur s against t tho tim ijo Why Vimy n riot not t bring all aU these nit nit-n 11 hero lucre and amid charge them with wih murder Time The li Male Itro ucc the tho Minors Minor's Magazine la as is ll Proof of uC hatred and HII mo IU- IU tit thc Where was wat when these articles wem er were written 1 Jim was h 1 a a Jowl mIler at ot h Il don't dont nl time the state stute charge o Ed W Boyce with the time murder o of oC J His us articles and amid speeches UIO the time 10 most L vehement In iii II tW lines hues and ant after Haywood came camu Into In iii that s name wy ab vis never ne d Where Where- heru Is the time hatred haired In that Incident Now o 1 why arc iro these men HaytO Haywood Hay- Hay tO wood Mayer Pettibone singled oil oilIn out In timid this great conspiracy h Why donl the time stale state bring nil all ul the tue others item hole 11 It Itis 1 Is because because- these thc men me arc at cit LII this time the time powerful leaders of oC the federation Ibid Hold GUl iii There Jut Is' Is 15 nothing against ag Haywood but Lut tho tio testimony of tf a mu man who is II tc testifying tea tes tr to save his own life Ce testifying lu U as mis cull coldly as U ne lie 10 O over eter lr d killed a a. a victim and he lie Is for a a- bigger bl ru- ru And with hla his testimony and war lt wIh u a maiJu e ease calo timet e Is not hot a word an act not luL an on exhibit that CUl- CUl con con- lct neets this defendant ant with wih time tho clime You HYou sa say |