New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-07-27

3OR.UE ENDS ARGUMENT.
Judge II God WI Instruct H4y7c00d
Juy T0-dau.


be efr decide what penalty if any. William
D HAYWOOD shall pay for alleged participatfop
N a ,riminal conspiracy resulting in the as
sass.uaton Of former Governor Frank Steunen
berg
United States Senator William Z Rorah en-
saeed hy the State of Idaho as special conn
SCI t~r the prosecution. spoke the last word
to-0iEht. Tomorrow morning Judge Fremont
Woo viii charge and instruct the jury and
j 's expected L retire TO consider the verdict
aJ.lt 4 O'Clock
Clarence Darrow said tonight: Senator
forai's speech TO the jury was the fairest ana
tie ahlest have ever heard from counsel in 4
Ereat murder trial. Mr.. Borah might have SAID
more without going outside the record. but
las noticeable that he omitted some things in
order To avoid the slightest tnge of unfairness.'
Mr. DarroW also paid tribute TO the conduct
OF The case throughout.
When Haywood reached his cell at the county
jail after the Adjournment of court. he said
speaking the deputy sheriff in charge of the
5aIl, Well. have heard the best Of them in the
country. but Borah beat them all"
The crowd seeking admission 10 the court
room tonight broke all records in a murder
trial in Idaho. Two hundred persons remained
in the grounds when the doors were closed
after The morning session and hours before
they were opened again all approaches were
~
courtroom was flied several hundred stood
IN the lawn under the open windows that they
might catch sentences from the impassoned
plea ot The young Senator.
Senator Borah laid the foundation for his
argument last night. This morning he began
an analysis Of the evidence but he confined
himself 10 the murder Of Steunenberg and the
conspiracy. He linked Orchard 10 Haywood
Haywood to Simpkins, Simpkins 10 Mover, and
Mover 10 Pettibone. Then. selecting only the
evidence Of witnesses for the defence a leav-
ing Orchards confession out. he wove the lives
and movements Of the FIVE men together With
cut departing from the records, incidentally
clearing up situations left somewhat clouded
he brought these officers and members OF the
Western Federation Of Miners together. Then
he took Orchard away from Denver and back
again 70 Denver to the headquarters Of the
Western Federation of Miners This Zone
carefully and almost monotonousy-the quiet
before the storm. Then Borah's voice and
manner changed. He sprang into action With
voice qUivering, hand upraised. fingers out
stretched he shouted:
Watch them now-watch the Ave conspira-
tors, Steunenberg is 10 die IN thirty days and
they moving the scene"
The dramatic utterance and tense figure Of the
rleader sent a thrill through the courtroom. For
the space Of ten seconds there was silence: then,
relaxing. Borah continued with his merciless
logic. He brought Davis, Copley, Adams and
Easterlv all officers or members of the West
chard without pause he drew picture after
picture Of the associating together at
various points.
From each place and fresh from every crime
he brought Orchard back home 70 Denver.
and then. smiling leaned toward the jury 70
ask: Way why always back to Denver. unless
it find there the protection and the pay
Of his employers?''
All these things denounced or sneered at by
counsel for the defence found a bold and
brilliant paragraph Of defence in Senator Bo-
rshs interludes and counsel for the defence
driven into murmur of protest, now
under the lash Of pointed sarcasm. and again
when. under The fire of indignant reprOach.
culture and Christianity. law and order, the
home and the country found ready champion.
The State of Idaho. its people and its chief ex-
ecUtive each in turn WAS lauded-
Under il all Haywood perhaps the one
nan in the room who showed the least emotion.
Al times his face flushed. and more than once
Re paled under the attack Borah, reaching
he climax II the conspiracIes pointed an accus-
Ing finger Al the who he said was the
rriminai force behind the Western Federation
Of Miners
Mrs. Steunenberg, widow Of the murdered
Governor. attended the morning session. but
went away carly, almost prostrated by the emo
don awakened by BOrah's vivid oratory. Hay
woods mother also left the courtroom in tears.
hut soon returned 70 take her accustomed place
beside 'he invalid wife Of the defendant.
Senator Borah's perorstion delivered in
quiet, almost pleading tones in strong contrast
to the harsher voice in which he spoke Of Clar
tnce Darrow+s argument Of justification
If" he said. the state has pointed out to you
the men who were concerned in and executed
this awf1 crime, in the name Of the manhood
snd the ~0rnanhood Of Idaho. do your duty with
o1' fear q any man or any favor To any man
As listened % the eloquent voice of counsel
Pleading for their client. there came - me the
memory of another scene and another time.
ieineTnbeTed again that night in dark December
n 1905 night that adeed ten years the lives
q some noR here in this room. ] felt again the
Ky chill and felt the dehling sleet. and stood
again beside The body Of my dead friend whose
Ieblocd stained the snow.
! felt again the disgrace that had come 10
ieaho. the murdered man that meant
oore than murder, for il meant the first bio"
mat anarchy had aimed at my state; and on
mat night ] said 20 myself Can time unteach
'he lesson of this hour?
Let Is then be brave in this supreme mo-
ment II The defendant is innocent, let him
20 Tree; but, II not let him take the punish
.sht that the law prescribes. You have 4
mgher du'T 70 perform than ever was asked Of
Jurt u Idaho. Some Of YOU men have stood
ls 'esi ~ the past IN protection 0f your homes
sha your flag. but YOU nave never faced duty
.a' required 2 higher courage than now. In
very homo in Idaho the thoughts Of our people
a. with yon, ningling with thoughts of things
~ mad" these homes possible: and, in every
Ht throughout this broad land, men and
iH+h to-nighi look ~ you the brave VINO
na Tor right and the flag.
:, ~ NE close n Senator Borah's address and
adjournment of court the Senator was sur
tgiaded and congratulated by nearly every one
'eace '' '"'i'''i"e '''''9 "
fffE FIN n PIT tTENT