New-York tribune., 1907-06-22

honors duty to instruct the jury that the evidence
is of no value. The evidence produced here does
not. standing by itself, corroborate the testimony
of the aCCOmpliCe, Orchard or connect the detehu-
ant with the murder of Steunenberg
There two hundred thousand people
IN Denver and yet out Of all these people. they
bring one lone policeman from the beat to say that
he Orchard and Haywood together not to ex-
ceed three times during all that period over which
this conspiracy is supposed to have extended
The reading of authorities took half an hour
Once the interrupted: IF you have any Idaho
authorities. Mr. Richardson. I'd like TO have them"
Yes, sir: l coming to then1,' said MI Flch-
ardson.
Later he quoted from two Idaho cases.
Passing from this branch of argument Hchard-
said he would discuss the nature and erect
Of the testimony. Taking up the San Francisco
witnesses, he went over the testimony of each
witness. After long rehearsal Of testimony Rich-
ardson said:
There may appear some repetition IN my state
ments to your honor. but viii repeat because I
desire to impress upon your honors mind, beyond
a shadow Of doubt. that in all this mass of matter
there IS basis for the statement that this evil
deuce connects Haywood with the murder OF
SteunenbeTg. We have the assistant postmaster
OF San Francisco who testified TO a registered let
ter having been received. Witnesses come TO show
that Orchard under the name OF Green received
package and telegram from one u. Woln.' But
I maintain that beyond the UnCorroborated testi-
mOny of Orchard there is not one scintila OF evil
dence connect Haywood with the murder OF
Steunenberg, and II 1t proved that Haywood
over his own signature or IN 4 signed letter mad
sent Orchard money, there is no direct evidence 10
show that Haywood had anything 10 do with the
murder or with the conspiracy. when II Is alleged
worldwide, and which gave to Orchard a row.
ing commission TO 20 out and murder any one
Haywood wanted killed"
Quickly passing through the Vindicato- mine and
Colorado incidents. Mr.. Richardson named the wit
nesses and in each case impressiveIy insisted that
Haywood had not been connected by the testimony
unless Orchards testimony was used TO bolster
II up.
OF Jack" Simpkins. Richardson said these
were innocent transactions Then Richardson.
changing his manner, raised his voice. and said:
IMPRISONED APPEAL FOR HAYWOOD.
Il would say TO your honor that If Haywood
guilty OF the blowing up OF the vindicator
mine, which he IS not; If lie had guilty knowledge
Of the attempt Gabbert. which he had not; II
Haywood were guilty OF the conspiracy on the life
OF Peabody. which he is not, II he killed VALLEY.
which he did not; If he planned To Kill Bradley.
which he did not; II all these things were true.
which they not, all this would be insufficient
10 convict him OF 4 crime on the body OF Steunen-
berg. These were all crimes committed in states
other than the State OF Idaho. and this man Hay
wood stands charged only with crime committed
within the borders OF the State OF Idaho
We come. therefore. 10 the proposition; BY
whom does this man stand connected with tho
murder OF Steunenberg. except by the mouth OF
the man who sat in that witness chair and whose
unsupported word is not worthy or BELIEF BY any
why. your honor we can find five thousand men
In Idaho who guilty of the murder OF Steunen-
berg II a denuncaton OF Steunenberg made a man
guilty Of that murder Here was Haywood, whose
brothers treated narShy ana imprisoned WIFI
out trial who. with strong language. criticised and
denounced the action OF the man who was re-
sponsbie for the conditions then existing. This
was In 1899 and SteunenberS was Killed IN lstO are
we going accept such language at such a time
as evidence on which 10 hang this man?
This case has been discussed from one end OF
the country TO the other until we found II eX-
tremely difficult get Il jury. II seems to ME
that TO leave this TO jury from this com
munity is to leave it to passion and prejudice when
the rules Of law ought u dispose Of 1t here and
now. If this were ordinary case, l believe no
court would be slow to act along with the motion
we have filed here. But your honor is only human
as all Of us are human. ask your honor to sep
arate the Judge from the humanity that controls
us al Here is a case that has fallen fiat without
Orchard. and all the testimony falls to the ground
without the aid OF this foul hend OF numbering
crime, and this IS all the Pinkertons can produce
to after more than year of work.
II ask your honor to instruct the jury 70 sign
a verdict acquittlng this defendant"
Senator Borah. for the prosecution. opposed the
motion. He congratulated Mr.. Richardson on what
he called his eloquent and moving address, He
then expressed the belief that the prisoner would
receive fair trial in Boise. Taking up the prin-
plices. he figured that the authorities did not go
so far the defence contended in discrediting
acComplices 1t not necessary that the
evidence should completely sustain the
charges The state alleged that there existed a
general conspiracy In which the leaders Of the
Western Federation of Miners were the principals.
The testimony of Orchard could be entirely left
out of consideration and 1t would be found that
the state had shown the existence of the CON
spracy.
'It is customary In proving conspiracy" said
Senator Borah, ITO show number OF acts having
n common purpose, and eliminate Or
chards testimony and show that the state has
established the existence of the conspiracy by
other proof"
Mr.. Borah then sletched the earlier events In the
Cceur dAlenes. and declared that the leaders OF
the federation had placed Governor Steunen-
berg the brand Of traitor, brand that could be
wiped out only with blood
Mr.. Borah reviewed the part OF Simpkins in the
Caldwell crime and scathingly denounced IL. He
said that here. entirely independent of Orchard,
was shown act In the conspiracy that began in
1899 when the Bunker Hill and Sullivan mill was
blown up.
Here" he said. lis this Slmpkins repre-
sentative OF this organization. who is found In
company with Orchard at Caldwell. who Is sleuth-
fence to this organization in 1899, when the Bunker
Hill and Sullivan mine was blown up, and who, un-
der oath as Governor, protected the property. We
find this agent of the organization tracking this
doomed Governor. We find him watching the Gov
ernor's home. and then find him sleeping with
this animal Orchard. who, with twenty scalps
hanging at his belt. is waiting for another victim
Then we find him getting out or town TO save him
self That's ot Orchards testimony.
Bcrah referred to the circumstances under which
Orchards associates in Denver had known him
as Thomas Hogan at Caldwell, and asked II this
was the guse OF innocence He declared that
Haywood bound by the acts of all his Cocoon
spiratOrs
Going over the San Francisco chapter and
counting for the attempt on Bradley who was once
manager of the Bunker Hill and Sullivan mines.
on grounds parallel with the murder of Steunen-
berg. Senator Borah said;
ALI. PATHS LEAD To DENVER
Take what path you will and follow which trail
YOU will IL leads always back TO Denver. In
San Francisco find that Orchard is sustained