Basalt, Eagle County, Colorado
Basalt Journal, Basalt, Eagle County, Colorado, 20 July 1907, p. 2
"EVIDENCE IS IN
Prosecution In Haywood Case
Brings Case to Sudden
May Throw out Colorado
Fact That Hawley and Nefille Were
Not Put on Witness Stand Leaves
Orchard's testimony Pat.
Boise, Ida.—The great case of the people of Idaho vs. William D. Haywood is slowly nearing its end. The prosecution unexpectedly closed its case and the defense's sur-rebuttal and the judge's instructions should be disposed of quickly, so that the attorneys will probably commence their arguments by Monday morning. These arguments will last six days.
When the state announced that it had closed, Charles Neville, the young man who was with Orchard the night the latter says he blew up the Independnece depot; K. C. Sterling, the dective employed by the Teller county mine owners and who is charged by the defense with planning the Independence and other outrages; Nelson Franklin, Clarence Hamlin and A. E. Carlton were all in the chairs reserved for witnesses, waiting to be called. The failure to put them on the stand caused much commment. It is said that the state feared the testimony of more Pinkertons and mine owners would only hurt its case.
It has been apparent that the witnesses secured by the state for rebuttal were not making a favorable impression. This was due in a measure to Mr. Hawley's handling of them, but to a greaer extent to the guelling cross-examination of Richardson.
As an example of the showing made by some of these witnesses the testimony of O. M. Sackett, the superintendent of the Telluride Power Company, may be considered. The witness admitted assisting in the deportation of union miners. "We decided to deport all undesirable citizens from Telluride," said he. He admitted that A. H. Floaten was an exemplary citizen. He said he saw Floaten covered with blood detained on a vacant lot, hatless, coatless and shoeless, while his wife brought him clothes.
He excused the treatment of Floaten by saying that he made speeches and harbored the unionists.
"Don't you believe in free speech for everybody?" asked Richardson.
"I do, providing their speech is what it should be," said Sackett.
There was derisive laughter at this, and even Judge Wood turned to the correspondent with a deprecating smile.
Asked to explain "harboring unionists," Sackett said Floaten was giving them supplies from his store on credit.
"Don't you know Floaten preaches the doctrine of non-resistance?" asked Richardson.
"That if struck on one cheek he turns the other?"
"I never saw him do that," said Sackett."
Judge Wood announced that he might strike out all the evidence offered by the defense relating to the conditions in Colorado. Should he insist upon this the defense will be seriously crippled in making its appeal to the jury. He will listen to arguments on this point.
The defense will call the jury's attention to the state's failure to call Neville and Sterling. Hawley had Neville sworn but dismissed him before he could take the stand. The chief prosecutor called Sterling's name once but there was no response and he made no attempt to find the missing witness. As matters now stand the defense's charge concerning the relations between Orchard and Sterling must go uncontradicted and there is nothing before the jury to controvert Friedman's allegations concerning the methods of the Pinkertons."
[Orrin M Sackett s. Solomon Ashman & Sarah (Morehouse) Sackett]
Website Colorado Historic Newspapers Collection (http://www.coloradohistoricnewspapers.org). (Researched by Thurmon King).