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€dbwdl Sfribtme. VOL 26. NO. 10 CALDWELL, IDAHO, SATURDAY, JULY 27. 1907 WEEKLY, %2.00 PER YEAR CASE GOES TOJURY SATURDAY Attorneys Finished Pleas Friday JUDGE WOOD WILL INSTRUCT TDE JURY THIS MORNINfi AND THE FATE OF THE DEFENDANT WILL DE IN TDE DANDS OF HIS FEEDS-GREAT SPEECHES MADE This week makes the last mile stone In the events of the great trial which will go down in law history as one of the most important tha' has ever been in the annals of the court of any land. Before another week haB closed the case will havo been given to the jury and it will rest with them what shall be the ver dict. which Haywood awaits with bat ed breath. Thursday of the past week war, taken up with arguments on botli sides in regard to the materiality of much of the testimony introduced. These arguments were made before Judge Wood in the absence of the jury. Mr. Darrow opened for the ; defense and it might easily bave been j called "the awakeifng of Clarence Darrow," for he certainly seemed to \ have awakened to the many specta- I tors who had come day after day ; and watched him at the table for the defense. This truly was a new man. He talked as if he believed what he said; he forgot to polish his eyeglasses, he even forgot to be fun ny. He was solemn, he was earnest, he was eloquent, in fact he made a great speech. At the «Tose of Mr. Darrow's speech ad,iournment was taken until 1:30 and Senator Borah replied In the afternoon. He never Rlalroad Building. Work on the grading is being ing pushed with all possible speed. One important matter regarding Hgt of way has been settled this week, that of getting through the Johnson ranch. Mr. T. T. Johnson, the owner, selected H. W. Dorman and George StafTord to assess his pushed with all possible speed, abide by their decision. These two gentleman performed their work Thursday, but have not yet given the results. It is said that It will require 12 acres for the right of way. Mr. Johnson well be amply protected so far as ditches and fences are con cerned. The only objection that he has regarding the road passing through hiB property was that it would bring him and his brothers too itiuch company and otherwise disturb the quietude of the old home. A crew of surveyors are running the line for fencing and the wire has been purchased for the entire road to the river. One of the grading camps will be moved to Snake river next week, when work will be com menced at. that end of the Une. 1 he bonus of 145,000 is now fully assur ed an not further delays are an! < pated. The road will, without doubt be graded to the river beTore snow files this fall. The Boise Inter-l'rban. A crew of workmen on the Boise Inter-Urban have been in town this week, stretching the last wire, and connections have been made with the power house In this city. The wire on the side track was tested Thürs- ! day. The final work on the line will [ noon be completed, so that the work train may be expected to appear on ; Main street most any hour, and it ts j rumored that power will be turned j on, for testing the machinery In all j departments some time next week, Regular trains will not run until the power from Swan Falls can be util ized. Well Written Advertisement. One of themost attractive and best written announcements that has ap peared In The Tribune for a long time Is that of the Portland Business College, printed elsewhere in this Is sue. The .heading Is strong and ar tistic, the wording clean cut and lm presslve. Send for the catalogue mentioned In the advertisement. It la a * beautiful production and tells appeared better able fo handle his side of an argument than yesterday. His sentences were clear-cut and de livered decisively. He said it was not his purpose to argue that the defense did not have the right to show a counter conspiracy if they could do so, but he said they had utterly failed to show a counter con spiracy. Senator Borah confined him self largely to the legal side of t}»e Question of admissibility. He spoke for an hour forcefully reviewing the evidence and claims made by the defense which he said failed to show by any member of the alleged con spiracy between the mine-owners and the Pinkertons that any such con spiracy existed. He took the position [and quoted authorities to show that a conspiracy can only be considered after the introduction of direct evi donee of a co-conspirator. Mr. Rich ardson followed Mr. Borah and he argued that a conspiracy had been shown by the contributory effect of all the evidence introduced by the defense and closed with the state ment that if the court saw fit to ex clude the evidence bearing on the Colorado situation introduced by the state counsel, counsel for the defense would be satisfied to see their evi dence barred from consideration. all about the school aud its splendid work. No educational institution in the Northwest is better known than the Portland Business College. Its prin cipal, Prof. A. P. Armstrong, has been engaged in school work all his life, and has an enviable reputation as an educator. He knows the re quirements of employers of office help and can prepare any willing student to meet them. In this commercial age, King Busi ness Is monarch of all he surveys. Opportunities are not wanting for those who are properly qualified. A course in the Portland Business Col lege will prepare any young man or woman for work in the commercial world, and result in a position that will render the Investment of time and money in a business education the most profitable that can be made. Sent to Reform Hcliool. The attention of the Probat Court was taken up Wednesday by a case from near Notus, In which two girls figured as the culprits. The charge was filed by Attorney Plowhead and the information was given by the girls brother. Evidence sufflcieht was introduced that warranted Judge Hagelin in committing them to the reform school at St. Anthony. R, B. Manning was deputized to escort theni to delr destination. L. I.ouderbaok returned from Valt Wednesday, where he had a crew of men at work painting the Vale bank building. Rice, Thompson & Bucltner have added another room to their suite of rooms and are having all repainted and decorated by, Louderback. No More Base Ball. As was predicted by The Tribune j in a recent issue there will be no more league ball in this part of the moral vineyard. Weiser has disband ed, so has Nampa, and this .Week it was decided by the Caldwell club to loot the treasury and divide the spoils which amounted k> something over $18.00 for each of the players. So far as the pennant Is concerned that is still in th.e air, there being no of ficial decision. The games this season have been of more than usual lntrest, several of them exceeded any of previous years. The expenses of maintaining the Caldwell team was trifling in corn parison to some seasons, and yet the games were much more interesting. After the conclusion of Mr. Richard- , son's speech court adjourned until 10:00 Friday morning when Judge Wood announced that he would be prepared to decide the matter. A large crowd had gathered Friday morning expecting to hear , Mr. Hawley make his opening state ment to the jury, but they were doomed to disappointment for that session at least for immediately on convening and after approving the record of yesterday's proceedings he aanounced that he would render hts decision on the matters argued yes terday at 2 o'clock and a recess wus taken to that time. Judge Voo'i an nounced when court convened In the afternoon thai iie would give his de cision. It re.noves from considera tion by the jury all evidence Intro duced by the defense bearing on the alleged counter conspiracy by mine owners and otlfers against the West ern Federation of Miners. Judge Wood decided that the attorneys de fending Haywood had utterly failed to make any legal connection of the Mine Owner's Association, the Cit izen's Alliance of Colorado and the Pinkerton Detective Agency as lay ing a foundation for evidence intro duced by them to show that the charge against Haywood and the co defendants is the outcome of a con spiracy to exterminate (he Federa tion, and that nowhere had the de. fense Introduced any testimony to show that the crimes confessed by Orchard, if committed, were commit ted by anyone other than himself or that he had been employed to com mit by any other persons than he had confessed employed him. After Judge Wood had announced his deci sion the jury was Immediately celled in and Mr. Hawley begau his argu ment. The case he said had caused the eyes df the world to turn toward Boise. Teh case marks an eooch in the history of the world and It Is an important duty the jury has to per form. History Is being made and all the State of Idaho Is asking is that equal and exact justice be done aud the attorneys for the prosecution were representing no one but the State of Idaho. He said a larger num ber of witnesses had been examined than were ever examined in this court before;!he placed the number at 1-.0. He asked the careful consideration of not only himself but also of the at torneys for the defense. He then went into a review of the case. He desfcribed Orchard's story as truth ful not only because of the manner jn which it was told but because It had been corroborated In every im portant detail. He said, "Harry Or chard will be fiercely attacked In the arguments of the attorneys for the other side. They will Insist his story is immaterial, that he could not have told the truth. But gentlemen, there is some mysterious but powerful influenqe back of this confession I'll tell you what I believe it was: It was the saving power of divine grace working upon his soul and through him to bring to justice one of the worst criminal bands that ever operated In this country. Or chard's faith ts now In God. He Is a Christian. He has told his story that justice may reign and he fully expects to bear the punishment the law demands. Orchard told you with tears in his eyes, with voice hushed that he told his story because he knew It was a duty he owed to God himself and humanity." Mr. Haw ley, after reviewing the events of Or chard's confession and testimony as far as the Bunker Hill and Sullivan Mill In 1899 and the Vindicator mine explosion in 1903, concluded his argument for the afternoon saying that he had already shown enough to convict unless a juryman sought only to rid himself of an un pleasant duty to his state. Court adjourned until Saturday at 9:30 Even despite the extreme heat when court opened on Saturday the court room was fully occupied and remained during the entire two ses slons of the court. Mr. Hawley far from being In firBt class physical con dition, handicapped by a severe at tack of stomach trouble, spoke alto gether for nearly eight hours, dis tributed over three sessions of court ThroughontHlie day, Mr. Hawley used an alomst conversational tone only at Intervals becoming enthused and warmed by the topic under conslder atlon and then letting his voice soar until It could be heard In other parts of tks building. Step by step he fol , eled by the great criminal witness. Thoroughly he. reviewed ^he testi mony of witness after witness. Scathingly, without mincing of words he denounced witness after witness as willful perjurers or guilty of in tentional falsehoods and showed the strength of the contradictory testi mony, he reiterated with great force the statement made on the previous day that in no material matter had the confession of Harry Orchard been disputed except by persons directly interested as parties to the charge of conspiracy or by .persons whom the stao had proved to have given per jured testimony. When Mr. Hawley had spoken for ^ hourg he reached Caldwell where the close of the year 1905 the preparations for the murder of form er Gov. Steunenberg was afoot. His voice now assumed a sympathetic note and as he told of the last move ments of the ex-Governor the court room was hushed and the members of the jury gazed upon the speaker as if fascinated. Mr. Hawiey's speech was impressive. There was no at tempt at any flight of oratory. It was all simple and Impressive be cause It was so simple. All through there sounded a strong note of deep sincerity. He was pleading for jus tice—for an honest judgment from honest men of Idaho. "We will be charged," he said, "with making war on the Western Federation of Min ers, but I ask only for your honest judgment. I do not seek to hang the scalps of Innocent men to my belt, but I must hunt down the gull ty." Mr. Hawley did not charge, he said that a majority of the Western Federation of Miners were criminals but that the evil deeds of the officers and of the scum of the organization had overshadowed and brought dis credit on the rank and file. The time had indeed come, he said, when socie ty should rise and make war upon the evil influences that were the curse of all labor organizations. "We must show the world," he concluded. that here in Idaho we are a law abiding and a God fearing people, who will deal out even handed jus tice to the criminals accused of the highest crime as to the tramp charged with some petty breach of the law. Court here adjourned until Monday at 9:30, when Mr. Richardson opened for the defense. He first de fined many phases of the law which he said would come up before the jury in making their decision; he then reviewed the Bunker Hill and Sullivan Mill explosion in which he tried to prove that the Union miners were not responsible any more than many other of the citizens. Then the Vindicator and its attendant cir cumstances were taken up and he tried to prove that the explosion In that mine was an accident. On ac count of the extreme heat he got no further In his arguments as court was adjourned until 6 P. M. and such hours were to prevail until the extreme heat was over. In regard to the Independence depot explosion Richardson declared It to be the re suit of a plot to "Weed out root and branch from the face of the earth »11 the members of the Western Fed eratlon of Miners." He claimed It was the worst thing that could have happened to the union. Mr. Richard son had considerable to say about Rockefeller and the Standard Oil In terests—blamed them for much of the trouble In Colorado. Under the stimulus of Mr. Richardson s talks to the jury the defendant Haywood brightened up a great deal but the deep lines which have been growing all the time during this trial were still quite apparent. Court adjourn ed until 9:00 Tuesday. Mr. Richard son resumed his argument promptly at 9. He seemed to dispute his own theory In regard to the motive Or chard had in committing the crime of killing ex-Governor Steunenberg He first asserted with all the elo quence at his command that Orchard had killed Steunenberg from a per sonal motive. He urged that It was true that Orchard hated Gov. Steu nenberg because of the part he had taken In quelling the disturbance the Coeur d'Alenes when he had ad vanced this theory and had painted go to the jury Saturday. The attl pen to, he then announced that the murder was all a plot of the Pinker ton detective agency. And that the way he left It. He treated Or chard with scath ing denunciation and In the motives for his confession. CANYON COUNTY FAIR IS IN MOD CONDITION Fhere is $3000.00 in Treasury ASSOCIATION CAN PAY ITS DEBTS AND HAVE MONEY LEFT-PUNS FOR THE FUTURE WILL GIVE CALDWELL THE FINEST GROUNDS IN THE STATE OF IDAHO At a meeting of the board of di rectors held at the secretary's office Friday night of last week, the bids for the sale of the old ralr grounds were opened. There being but one bid for 15,100, it was rejected and the committe was authorized to sell the grounds at private sale. The sale was made to George Dew, who it Is understood, represents a syndicate. The amount received is $16,000.00. This includes the buildings on the ground. There has been some discussion on the streets relative to the finan cial condition of the Fair Association and The Tribune has interviewed the secreatry regarding the matter with the following restiR: There Js a debt of $4 600, which was lncured as fol lows; $1760 was the premiums paid Froman & Mosby for the block of stock they purchased from the va rious stockholders last spring and the remainder of the $4600 Is a debt lncured during the life of the asso ciation. Then there Is the $5000 paid for the new grounds, and it is esti mated that it will require $11,500 for th new buildings and track, this all totals $21,100, including every thing. The association has property to offset this amount as follows: Sale of the old grounds, $16,000; unpaid closing he made feeling references to Mr. Haywood's invalid wife and children and said Haywood had led qn exemplary life and always been a good citizen, proud of his family and would leave the case in the hands of the jury confident that they would do justice. On "Wednesday morning Mr. Dar row began his argument and began : by stating that he did not expect to consume more than 3 sessions of court and that Mf. Borah had prom- , ised not to use any more time than he did, so that probably the case will ! go to the jury Saturday. The atti- , tude that Mr. Darrow took in regard ' to the case was a spirit of denuncla- i Lion Of the prosecution in general Of the prosecution In and -Mr. Hawley In particular. He stated that the whole trial a of this case wa? a conspiracy between the Mine Owners, the Pinkerton Agency and the officials of the state of Idaho to destroy the Western Federation of . Miners, tie had no words strong enough with which to describe the part "Father McParland" had taken ' in the management of this trial and for Orchard there was no word vile enough to tell what he thought of htm In fact no word seemed to suit him, except the name Orchard for he stood alone. In speaking of Or- , chard's confession he pictured him : as a cheribum with wings sprouting from his shoulders and In heaven J wlth Mr. Hawley on one side and | Father McParland" on the othet, in ] fact, wherever either of these three characters could be brought up to ridicule, Mr. Darrow brought them forth. The session adjourned tc meet at 6 o'clock Wednesday even ing when no doubt Mr. Darrow will go more minutely into the circum stances of the case. Cigars Found. William Mowberg had 600 cigars stored In his cellar. The cigars were the remnant of his stock when he run a restaurant. By some means the lo-; cation became known to some boy or boys with the result that 250 of the cigars were missing. Marshal Maxey took hold of the case and finally found where they were cached. It was found that about 50 hjg| been taken, efore Judge Five boys were brough Shorb, but they alt denied the charge. Circumstances point to one as being the principal. The entire lot were permitted to go free. No warrant« I were Issued. Mr. Mowberg will be reimbursed for the 50 cigars and the subscription of stock, $2,100; treas for the new buildings and track. This ury stock unsold, $2,000; making in all $24,100. After deducting all debts and expenses tor track and new building the association will have $3,100 In the treasury. The buildings to be erected are: Exhibition hall, 104 feet In length and the same in width. The building will be in the form of a maltese cross. The grand stand will be 200 feet long and 34 feet wide and will have a seating capacity of 2,200. The old one was 24x148 feet. The poultry house Is 160 feet long and ig of oc togan shape of one-fourth of a circle. Office room 24x30, and a ladles reat room 20x30. There will be 200 shedB 30x200 feet for cattle, hogs and sheep. There will be 40 stalls for exhibition purposes and 60 stalla for race horses. The grounds will be fenced on three sides, that portion along the railroad will remain open. A half mile track is now under con struction. Wells will be sunk and it haB not yet been decided whethei connection will be made with the city water or not. When the plans are all completed the Canyon County Fair association will have the best equipped ground In the state. matter will be dropped. Case in Chambers. Judge Bryan heard the case of C. W. Van Kink et al, vs. George Duval. This is a case where the water« of Indian Creek are In controversy. From the evidence adduced It ap P ear8 that Van Klnk nled on 4116 water of Indian Creek In 1898 and has used the same ever since. The defendant, George Duval, sunk a well near the bed of the creek where It passes through his land, and Installed a Power pump for the purpose of lrri gating a piece of land that is planted to beets. The result of Duval s oper ations depleated the creek of any sur P' us water, consequently VanKlrk and his associates asked that Duval be restrained from using his pumping works. The case consumed the greater part of two days. Duval was repre . sen ted by Silas Mood and G. W. Lamson; while Rice and Thompson looked after VanKlrk's Interest in ' the case. The Judge "took the case under consideration and will render a decision In a few days. In the matter of Fouch vs. Bates, which was heard in chambers recent ly and which Judge Bryan had under , consideration, was decided in favor : of both of the litigants. The decis Ion holds that Bates and Fouch are J owners In common and that an ac | counting must be made of all proper ] ty sold and all expense entailed and the remainder be owned jointly. In all probability Judge Bryan will be selected as accountant tor the final settlement. Legal business being a little dull past week, some of the Caldwell attorneys done a little business on their own account. The firm of 8cat terday & Buckner was dissolved by mutual consent, Mr. Scatterday a« soclatlng himself with Judge Smith, Mr- Buckner is now a member of the, firm of Rice & Thompson. ^ W. G. Compton having accumulated a sur Plus while In partnership with Judge Smith, has concluded to go Into the sheep business. — Wanted — Freighters to haul steel and cement to Jordan Valley. Inquire of G. A. Donlap, The Gem State Rural goes to its readers in magazine form. The magazine. The change is an lœ change is an improvement and the readers will like It.