The White Pine news. [volume] (Ely, Nev.) 1906-1910, 1907-07-26
HAYWOOD CASE
NEAR ITS CLOSE
Defense Has Had Its Last Say
and the State Closes
Today.
DENIES IMMUN|TYTO ORCHARD
Senator BOrah, In Sensational Ad-
dress, DiscIaims Promises to
Confessed Murderer.
DENIES IMMUNITYTO ORCHARD
(By the Associated Press. }

(By the Associated FreSS.
BOISE, Idaho, July 25.-The case
of the state of Idaho against William
D. Haywood, charged with the MUIR
der of Frank Steunenberg, former
governor of the state, will rest with
judge and jury by tomorrow night.
Clarence Darrow, after speaking
for eleven hours, concluded the final
plea for Haywood's life at 1920 p.
m. and at Z o'clock this evening
United States Senator Borah opened
the closing argument for the prose-
cution. He will speak for three ses-
sions, or about seven hours. Judge
Fremont Wood will instruct and
charge the jury on Saturday morn
ing.
At least 1000 people were unable
to find seats in the court room to-
night. Two hours before the hour
set for the third session of the day,
crowds began to arrive and within
half an hour the doors were closed
to all but court officials and newspa-
per men. 1t was an audience COM
posed almost of Boise people, gath
cred to hear the speech of the young
man who, recently elected by the
people of Idaho to represent them In
the United States senate, has been
associate counsel for the prosecution
in the case against Haywood.
Aside from the unaccustOmed
crowd in the court room, and the
large number of women present, the
scene was much as it has been at
each of the sessions during the last
eleven weeks. Mrs .Steunenberg, the
widow of the murdered governor,
appeared in the court room for the
first time since the trial opened. She
occupied seat inside the railing. be-
side her youngest son, Julian. Gov
ernor Gooding, with number of the
executive staff and a large represen-
tation of the state judiciary and bar,
were among the audience. Haywood
was surrounded by seven of his coun-
sci and his wife in her invalid chair
was, as usual, by his side.
At the prosecutions table, when
Senator Borah rose to speak, were
seated two assistant counsel, but
James H. Hawley, leading counsel
for the state, was not in his place
owing to serious illness.
Senator Borah's speech was SEN
sation. From time to time he turned
on counsel for the defense, fierce de-
nunciation pouring from his lips, and
at times brought protest from Rich
ardson and Darrow, but with blazing
eyes and hot words he silenced every
effort to break the rush of words.
The climax was reached when, on be-
half of the state of Idaho, its people,
it's governor and himself, he dis
claimed all intention or desire to
give immunity to Orchard. Finally,
his face pale and voice quivering
with emotion, the senator raised his
arm and said: eff l should ever
join any compact to give immunity
to this man, l hope God may wither
my right arm to the socket.
81 am aware" said Senator BO-
rah, "that 1 am in this case as spe-
cial prosecutor. The learned cOun-
sci on the other side has impressed
this fact upon you. But let me say
that the state which does not pro-
tect it's citizens or punish wrong
doers would soon lose the respect of
it's people and have no standing in
our civilization.
"But counsel has gone further
with my associate. Why they should
attack Mr.. Hawley, who went fear
lessly into the investigation of this
matter, why they should assail in a
personal way man who has prac-
tised law in his rommunity for 40
years, and whose loyalty, whose hon.
esty has never before been question
ed, do not know. 1t is usually
thought sufficient to attack mans
argument, to do away with his logic
but running through this case is
an attack upon every one, be he high
or low, who has had anything to do
with, or in any way associated with,
the investigation of the crime of De-
cember 80, 1906"
The senator denounced Clarence
Darrow's statement that the jurors
minds had been poisoned against the
defendants in this case. Nowhere,
he declared, could fairer trial have
been held than in Boise, no defend
ant ever sat in court room where
there was a greater desire for an abb
solutely impartial and Just trial.
1--WE are not here fighting organ
lied labor. We are not here fighting
the weak or the poor. Neither are
we here to consent that organized
labor shall be a shield to crime. This
is not an Industrial war, as my elo-
quent friend of the defense would
have YOU believe. We are not array
ing class against class, or one phase
of society against another. This is
not a battle of the rich against the
poor, or the poor against the rich.
We are here in the interest of law, OF
Justice, of fairness. That is all.
Senator Borah here plunged d.
rectly into the assassination of Gov
ernor Steunenberg. He declared Or
chard had planted bomb as he had
done many times before. He was an
old and experienced criminal and
that he was not alone in the COM
mission of crime. The defense would
have you believe that notwithstand-
ing what Meyer may have done, what
Pettibone may have done, what Simp-
kins may have, done, or what Or
chard may have done, Haywood is
not guilty. But the law, gentlemen