The Birmingham age-herald., 1907-07-26
Senator BOfah Begins the final
 Argument
GREAT CROWDS ASSEMBLE
Mrs. Steunenberg Appears In Court for the First Time-Governor Goodng and Other Promi-
  nent People Present.

Boise, Idaho. July 25.-The case of Idaho vs. W. D. Haywood, charged with the murder of Frank Steunenberg. former governor of the state, will rest with judge and jury by tomorrow night.
 Clarence Darrow. after speaking for eleven hours. concluded the final plea for Haywood's life at 4;SO D. m. and at o'clock this evening United States sena- tor Borah opened the closing argument for the prosecution. He will speak for three sessions. or about seven hours. Judge Fremomnt Woods will instruct and charge the jury on Saturday morning.
 At least 1000 people were unable to find seats in the court room tonight Two hours before the time set for the begin ming of the discussion, crowds began gathering anl within half an hour the court was closed to all but officials.
 Aside from the unaocustomed crowd In the court room and the large number of had been at each of the sessions during the last eleven weeks
 Mrs. Steunenberg, the widow of the murdered governor. appeared in court for the first time since the trial opened. She occupied d seat inside the railing beside her youngest son, Julian. Governor Gooding, with q number of the executive staff and a large representation of the state Judiciary and bar were among the audience. Haywood was surrounded by his counsel and his wife. in her invalid chair, was as usual by his side. At the prosecution's table when Senator Borah rose to speak, was seated two associate counsel, but James II. Hawley, leading counsel for the state. was not in his place on account of serious illness.
 Darrow Very Hoarse.
 Boise. Idaho, July 25.-In resuming hls address to the Haywood Jury this morn Ing, Clarence Darrow of Chicago, who is having the last word for the defense tooix up the defense of Jack Simpsons flight after the arrest of Harry Orchard. MT. DarroWs voice was very hoarse, the re- suit of his five hours and forty minutes of speaking on yesterday and he spoke today only with the greatest effort.
 They ask us why Jack Simpkins is not here" said Darrow, and l will tell you. The reason he Is not here is that he is afraid to be here. l don't propose to go around tho question and give any fantastic reasons. He fs afraid; that's the reason. Hawley tells you that Smp- lSins' flight proves that he Is guilty. With that statement l take serious issue. If the fact that Jack Simpkins ran away proves he Is guilty, then by the same token the fact that Haywood Mover and Pettbone did not run away proves that they are innocent. One Is just as true as the other, but neither is true. l used h think l could tell whether a man was guilty or not by the way he acted, bu, got over that long ago. Some of the gultiest men l ever knew have acted Tn the calmest and most innocent manner while many an innocent man has had To take refuge from the mob
 Excuses for simpklns.
 'I don't know whether Jack Smpklns is innocent or not. Is there any way can tell and be honest with this tury :? l haven't seen him since he ran awayl He was in Caldwell with Orchard and was Orchards friend. Simpkins had been III the Idaho bull pen and indignities 10 which he was subjected burn In his heart today and will probably burn there for eyer for all l know Simpkins had reason to harbor hatred against Steunenberg. Orchard had reasons either rightly or wrongly to harbor hatred against Steu- nenberg. Simpkins and Orchard had been together in Spokane for a month before they went to Caldwell, If Jack SmplSns went there for the purpose Orchard has told. and l prefer to think that he was merely on a trip to the Southern Idaho unions and stopped off at Caldwell only for day of two at Orchards solicitation: whatever Simpklns went to Caldwell to do, he went away without doing 1t. He did not raise hand against Steunenberg.
 "Hawley planes us for re-electlng Simp- kins to the legislative board. II might have been better to have left him off. nIe tu 6Ix- world might have been better for the 10000 members of the Western Federation of Miners to have turned their backs on him. when he was accused. but If we had done that Hawley would have told that the fact that the federation dropped Simpkns showed be- yong a shadow of doubt that the man was guilty But that Is not the stun the brave men of the Western Federation Of Miners are made of. Till Jack Slmpkins Is convicted every member of the federa- ton will stand by him and will not judge him until he has his day in court
 Waiting for Cooler Passions.
 "If Simpkins had been your brother. you men Of this jury would have told him to go away until the passions of men had cooled. till he could appeal to an impar- tial jury which would listen patiently to his story and render a fair and just yer dict upon him. Of course you would
 You men know that these defendants are far safer today than they were eighteen months ago. Mems passions cool. their feelings subside and they look at things more calmly and fairly. You know these defendants are hay ing a fairer trial today than they could have had twelve months ago. It is natural that they should. year hence venture to say that every man not hanged can get fair trial in Boise"
 MT. barrow here went into a lengthy discussion as to why the defense had not put Steve Adams and George A. Pettibone on the stand. He demanded to know why the state had not put K. C. Sterling the detective of the Mine Owners association on the stand. Adams. the attorney explained was on trial for the murder of a man in North ern Idaho Under these circumstances Darrow said he would rather cut off his right arm than allow Adams to take the stand much as he desired the ac- quittal of Haywood.
 "I am afraid of what he would say against Haywood, but l am afraid to let Adams, my client, turn himself wrong side out under the cunning cross examination of Senator Borah and then