The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-07-24

this case to take away the life of a
fellow citizen.
| But some of you will say perhaps
that while there is not enough here to
warrant sending a man to death there
is perhaps enough of evidence as to
crimes having been committed in the
western country to vote to put Bill
Haywood in jail-to compromise on a
verdict of manslaughter or murder \in
the second degree. You have that right,
gentlemen of the jury, but want to
say that whatever else you are I dom
believe you are towards. And I want
to say that whatever else Bill Haywood
may be, he is not coward. l would
not thank this jury If 1t returned
verdict of assault and battery and as
sessed a fine of $5 against this defend
ant. This murder was cold blooded, de-
Hberate and cowardly in the extreme.
If this man sitting in his office in Den
Yer, 1,500 miles away, employed an as
sasSin to do this cowardly act, then you
ought to hang him by the neck until he
is dead. For Gods sake. men, do not
compromise. If you believe the story
that has been told against this man
beyond all reasonable doubt then take
him and hang him. He has fought
many a fight against the prosecutors
He mas fought them on the open bat
tlefield and he is not a coward. If he
has to die, he will die as he has lived,
with his face to the foe.
"Bill Haywood is either innocent or
guilty. If he be guilty L have nothing
to say. But men this case is case
of Orchard from beginning to end
There is nothing at all left in the evil
dence without him."
Mr.. Darrow here launched into
lengthy, bitter. vituperative denuncia-
ton of Attorney James H. Hawley, the
leading counsel for the state. He as
sailed him as hired man actuated by
no other motive than to get the money
of the state of Idaho, that he might
build another addition to his house; he
denounced him as bug house" and said
that he had been a friend of labor or
when they got their cash to his office
first.
TT is too bad the old man could not
have ended his career before he took
this case and told the fool things he
has told this jury. What was there IN
Mr.. Hawley's argument but Orchard?
According to his theory everybody lies
that that scoundrel may be believed
Hawley has got iorcharditis' or 'orchard-
itch would be a better term.
Darrow dismissed Senator Borah, as
sociate counsel for the state, with rev
words.
NI don't mean to insinuate," he de-
cIared, "that Senator Borah is any
more honest than Hawley, but 90
believe he is slicker.
Mr.. Darrow said he did not believe
Senator Borah was as overcome with
the truthfulness of Orchards story
as was Hawley.
"In fact" he went on, "I am inclin-
ed to think that if Senator Borah be-
lieved Harry Orchard was going to
heaven. he'd want to go the other
way"
The attorney told the jurors that If
their verdict showed they believed
Harry Orchard they would be asham-
ed to go home and face their wives,
their sons and daughters.
Turning to the question of wheth-
er '.the butcher had a motive for
butcherfng Steunenberg. Mr.. Darrow
said there We're many witnesses VINO
showed Orchard was trying to sell his
the time he was driven from the
Occur D'Alenes. There were others
who went uncontradicted and unim-
peached in testifying as to the threats
they heard Orchard make against
Governor Steunenberg.
"Hawley would have you believe"
said Darrow. "that Orchard can not
lie since he got religion. l shall have
something to say as to that religion
later on but what want to say now
is that # Hawley has not got religion
now he had better go and get 1t If
there was any left after Orchard got
his
Mr.. Darrow warned the Jurors that
if they convicted a fellow being upon
the word of an assa ssin like Orch ard
a man. caught with his hands dripping
in the blood of his victim-they would
place a stain upon the state of their
nativity and their adopted dwelling
place. ''It Is better" he exclaimed,
that you should let thousand guilty
men escape, better that you should
let all the criminals ever brought to
the state of Idaho go free. than to
have It said YOU took away the life of
a man on such testimony as has been
given in this court" Mr. Darrow de-
clared that Orchard had been SO con-
fra adicted by witnesses that there was
No truth left in his story.