Evening star., 1907-07-26
THE TRIAL Of HAYWOOD
Senator Borah Continued His
Argument Today
FOR PROSECUTION AT BOISE
Reviewed Briefly Trail of Blood Left
by Orchard.
DETAILS OF GREAT CONSPIRACY
Pinkerton Connection With Crimes
Secuted as Absurd-Courtroom
Packed Beyond Comfortableness.

Borah being popular as an orator in this
| his home, city. So great was the throng
| that court officials and others having busi-
| ness at the trial had to find their way
! into the building by devious ways, most of
! them climbing steep improvised stairway
in the rear. The jury was also brought up
these stairs.
Inside the court, as the next to the last
| day OF the trial began, Haywood sat sur
rounded by his family. His invalid wife,
whose helpless condition and pallid face
have attracted SO much attention and SYM
| pathy. sat Immediately at his right, and
| next to her was the gray-hared mother
who. on yesterday could not restrain the
tears which welled to her eyes as Clarence
Darrow of Chicago made the last plea for
| the life of her son. The prisoners daugh-
| ter and sister were also in the family cir
Gle, the only absentee being the little ten
year-old girl, Henrietta
Mrs. Frank Sttunenberg, the vile OF the
murdered governor, and her stawart son.
| Julian, were early in the court room, and
, when they had been shown to seats inside
| the attorn VS. rail found thems aves within
seven eight feet of Haywood himself
Attorneys from cities in the west have
| come to Bo.se for the last arguments and
constituted large proportion of today's
big audience. When the last seats were
occupied disappointed hundreds remained
on the court house lawn to catch what they
could of Senator Borah's speech the
WOTCS HItSTSU out or tne WINDOWS.
Senator Borah began by reviewing briefly
the points made in the opening hour of his
address to the jury last night. He said he
would go briefly over the trail of blood left
by Harry Orchard tafing first the murder
of Gov. Steunenberg and barking back over
some of the most important incidents de-
velopeo in the testimony
Detective Story Absurd.
Il hardly need to tell you sensible men,
declared the pleader, that Pinkerton de-
tectives had nothing to do with the assas
sination of Frank Steunenberg. That is one
of the most absurd of the many absurd
things brought into this case by the learned
counsel for the defense
Senator Borlh, in laying the foundation
for his argument of conspiracy, pointed out
that Orchard went to Caldwell from Dem
Yer and fresh from association with the
officer of the Western Federation of Miners,
who regarded Steunenberg as an enemy.
Then he touched :pon the fact that Ma
rion Moore, an officer of the Western Fed
Grafton of Miners, in testfying for the de-
fense, admitted that he agreed with Or
chard to deceive Orchards wife when Or
chard wished TO desert her.
Harry Orchard left Denver with crime in
his heart. The impeine, compelling force
came from Denver. George Pettibone help
ed Orchard pack his utensils of murder in
his trunk. Why is Pettibone not here to
| deny it? His silence is confession of his
guilt. Pettibone's absence is absolute
corroboration of Orchard
Orchards Personal Motive.
Taking up the question of the personal
motive the defense had charged against
Orchard. Senator Borah showed the jury
the deed by which Orchard had parted
absolutely and forever with his interest in
the Hercules mines fourteen months before
Gen Merriam and his negro troops marched
into the Coeur d AleneS.
This deed, The letters and kilograms and
all the other evidence not subject to being
tampered with in this case corroborate Harry
Orchards and fit in precisely with the story
he has told you. Gov. Steunenberg did not
cause Orchard to lose his interest in the
| mine. so how could he have entertained
murderous grudge?"
The senator took up one by one the wit
nesses for the defense who he said cor
roborated Orchard, and proved criminal
conspiracy because they had covered and
protected Orchard up to the time he con-
fessed and implicated Haywood.
Borah Commences.
Clarence Darrow closed his argument for
the defense last night after talking eleven
hours. He was followed at the night ses-
sion by Senator Borah
II am aware, said Senator Borah. that
l am in this case as a special prosecutor.
The learned counsel on the other side has
impressed this fact upon you. But let me
say that the state which does not protect
its citizens OF punish wrongdoers would
soon lose the respect of its people and
have no standing in our civiiZa ton.
But counsel has gone further with my
associate. Why they should attack Mr.
Hawley. who went fearlessly into the in
vestigation of the matter; why they should
assa in personal way man who has
practiced law in his community for forty
years. and whose loyalty, whose honesty
has never been questioned. ! do not know
1t is usually thought sufficient to attack
a 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 been
in any way associated with, the investga-
| ton of the crime of December 30, 1895.
Have you men heard anybody on the
streets of Boise asking for the blood of
William d. Haywood, regardless of his
guilt? No: and it is to the everlasting
credit of the people of Idaho that despite
the fact that one of our most distinguished
citizens was foully murdered, nowhere has
, there been an outcry for anything but JUS
tice, and justice after an absolutely fair
and impartial trial. You men know it, and
by now | think the world knows it. You
knew il when you lifted your hands to
high heaven and took your oath of serv-
ice. and it is all that the state asks of you
in this its closing hour.
I'VE not here fighting organized labor.
We are not here fighting the weak or the
poor Neither are we here to consent that
organized la Dor shall be a shield to crime
This is not an industrial war, as my elo-
quent friend of the defense would have
you DelleNe we are not arrdylng class
against class or one phase of society
against another This is not battle of the
rich against the poor the poor against
the rich We are here in the interest of
law of justice, of fairness. That is ALL
Says Trail Leads to Haywood
Senator Borah here plunged directly into
| the assassination of Steunenberg. He de-
| clared Orchard had planted bomb. az he
| had done many times before. He was an
| old and experienced criminal, and he was
| not alone in the commission of the crime.
If he cried, you stand at the gate of
| Frank Steunenberg. broken and stained
| with his own blood, and If from there you
| follow the devious way, of Harry Orchard
| you will find that the trail of blood passes
| up the stairway in Danve: up which Orch
| ard ran that day while the darky held his
| horse at the curb below.
| The defense would have you believe
/ that. not VIII hist ndin2 what Mover