The Madison daily leader. [volume] (Madison, S.D.) 1890-current, 1907-07-27
bORAH TALKS To JURY
Concluding Argument for Prose.
cuiion in Haywood Case.
TRACES CONSPIRACY CHARGE

Declares Evidence of Defense Shows
Close Intimacy Between Orchard
and Officials Of Western Fedora
tion of Miners.
Boise, Ida, July 27.-"Watch these
five -Simpkins, Orchard. Hay
wood, Meyer and Pettibone-Steunen-
berg is to die in thirty days. Watch
them. We have got them together
They are moving to the scene"
This was the dramatic climax of the
morning in the Haywood trial when
for an hour and half Senator Borah,
making the last argument in the Hay
wood case, had woven craftily the
mesh Of his net. The mesh was con
spiracy--the essence of the case of
the state Of Idaho in its effort to show
that Harry Orchard was only the tool
OF Haywood when he killed the former
governor.
Now watch this quintette." he
cried triumphantly, having laid his
foundation, piece by piece, using only
the testimony Of witnesses for the de-
Tense. Picking it out Of the mass OF
mixed material he showed the in
timacy between Orchard and the high.
est officers of the federation.
Senator Borah began by reviewing
briefly the points made In the open
ing hour of his address to the jury.
He said he would go briefly over the
trail of blood left by Harry Orchard
taking first the murder of Governor
Steunenberg and barking back over
some of the most important incidents
developed in the testimony.
Declares Idea Most Absurd.
Il hardly need to tell you sensible
men," declared the pleader, that
Pinkerton detectives had nothing to
do with the assassination OF Frank
Steunenberg. That Is one Of the
most absurd of the many absurd
things brought into this case by the
learned counsel of the defense"
Senator Borah, In laying the founda-
ton for his argument OF conspiracy,
pOlllGu Out ludl oiNndlu WOAI ~
Caldwell from Denver. fresh from as
sociation with the officers of the West
ern Federation of Miners, who re-
garded Steunenberg as an enemy. He
then touched upon the fact that Mar
ian Moore, an officer OF the Western
Federation OF Miners, in testifying for
the defense, admitted that he agreed
with Orchard to deceive Orchards
wife when Orchard wished to desert
her.
Harry Orchard left Denver with
crime in his heart The impelling,
compelling force came from Denver
George Pettibone helped 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 an absolute
corroboration of Orchard"
Had Mo Personal Motive.
Taking up the question of the per-
sonal motive the defense had charged
against Orchard Senator Borah
showed the jury the deed by which
Orchard Lad parted absolutely and for
ever with mis- interest in the Hercules
mine fourteen months before General
Merriam and his negro troops marched
into the Occur d'Alenes.
Senator Borah took up one by one
the witnesses for the defense, who, he
said, corroborated Orchard and proved
criminal conspiracy because they
had covered and protected Orchard up
tn tho he nd inonli-
Gated Haywood.
The senator next read effectively to
the jury the articles denOuncing
Steunenberg in the Miners Magazine.
There is much talk here and in
the argument Of counsel about an in
dustrial war. There is an industrial
war, but 1t is for you men to deter
mine whether industrial warfare shall
be carried out on the principle of muir
der
The defense tells you that outside
Of Orchards testimony there is moth
ing here to prove conspiracy? What
more do you want? We put Orchard
and Sinpki0s and Meyer and Hay
wood together In Denver. Now watch
them as they move to the scene OF
Frank Steunenberg's murder"
Orchard Friendly to Defendant.
Briefly Borah showed the friendship
existing among the quintette. Then
he hurled at the jury the letter which
Orchard said he received from Petit
lone at Caldwell
Friend Tom, that was sent to Jack
the 21st."
How exclaimed Senator Borah,
did Pettibone know that Orchard, un-
der the name Of Tom Hogan, was at
CALDWELL Why did Haywood send a
draft for 500 to Jack Simpkins on
Dec 81? Has Pettibone come forward
to say word as to this? Now watch
the co-ccnspirators, how quickly they
act. Scarcely had the news OF Tom
Hogan's arrest been flashed to the
world than attorneys for the Western
Federation of Miners fiocked to Cald-
well fro,n all directions"
geaatcr Do1ah said he was ready to