The White Pine news. [volume] (Ely, Nev.) 1906-1910, 1907-07-27
HAYWOOD'SFATE
IN NJURY'S HANDS
Evidence In and Arguments at an
End in the Famous Con.
spiracy Case.
SENATOR BORAH HAD LAST SAY
Was at Times Dramatic and Always
Forceful-Jury Will Be Instruct
ed at 10 a. m.
SENATOR BORAH HAD LAST SAY
tBy the Associated Press }

and argument is at an end and to-
morrow morning the jury will be
left to decide what penalty, II any,
William ID. Haywood shall pay for
participation in a criminal conspiracy
resulting in the assassination of For
mer Governor Frank Steunenberg,
with which he is charged.
United States Senator VIM. e. Bo-
rah, engaged by the state of Idaho
as special counsel for the prosecu-
tion, spoke the last word tonight.
Tomorrow morning Judge Fremont
Wood will charge and instruct the
jury, which, it is expected, will re-
tire to consider the matter about 10
o'clock.
Senator Borah devoted himself at
first to the declaration of the defense
that Orchard was Pinkerton detec-
tive Far from having any such con-
nection, the senator insisted that Or
chard, through four years of crime
and conspiracy, was perfectly loyal
to the Western Federation of Min
ers, and the leaders of that Organiza-
ton. If Orchard had had any sim
lister motive against Meyer Haywood
or Pettibone, If it had been his pur-
pose to gather evidence against
them, he had almost unlimited op-
portunity to do SO. But on the con-
trary, 1t had been shown that every
piece of evidence which came into
Orcahrd's hands was destroyed by
him, even to the letter received from
George A. Pettibone in the Caldwell
jail. L
Never at any time. did Orchard
undertake to build up case against
the defendant, Haywood, or any of
his associates.
Discussing briefly the Colorado
situation, Colonel Borah said the
crimes and disturbances in Cripple
Creek and Telluride were brought
into the case only to show the mo-
tive, the conspiracy, the combine,
and the understanding which finally
lead to the murder of Ex-Governor
Steunenberg. They were not asked
to convict upon any other crime than
the last.
AS to the alleged kidnapping" of
the defendants in Colorado and
bringing them to Idaho, he said:
IF these men were not legally
here they would not be here. You
gentlemen are not concerned with
how they got here or any other ques-
tion than whether or not this de-
fendant was connected with the
event at Caldwell. If he was, then
it was our law which was violated.
If he was, it was our citizen who was
murdered. If he was, it was in our
Jurisdiction that he raised the red
hand, and it is proper that he should
be here to answer to an Idaho jury.
In oc |
that while he is a stranger to you,
his life and his liberty are just as
safe in your hands as they would be
with any jury in their home state OF
Colorado. Bill Haywood is in no
more danger of being convicted In
Idaho unless the evidence shows his
guilt beyond a reasonable doubt,
than he would be in Colorado. The
court, the attorneys for the state
and everybody connected with this
case have extended Mr.. Haywood
every right and every privilege, every
courtesy known to the law as the
right of the defendant. Haywood
and Meyer on the witness stand were
allowed to tell all they wanted to
tell in violation of all the laws OF
evidence, and without single OBJ.
lection from myself or my asso-
ciates."
Senator Borah scathingly arraign.
ed the defense for not putting Steve
Adams on the stand. Adams, the as
sociate of Harry Orchard, could, II
anybody could, prove that Orchard
was not telling the truth, especially
about the Independence depot affair
.'Darrow gives you as an excuse
for the beating up of old man Stuart
at Cripple Creek, the fact that he
was a 'scab.' There, gentlemen, lies
the motive for the Independence ex'
plosion. The IA men blown to atoms
that fateful 9Th of June were
'scabs'
The crowd seeking admittance t6
the court room tonight broke al
records in a murder trial in Idaho
Two hundred people remained in the
grounds when the doors were closed
after the morning session and hours
before they opened again all ap'
proaches were blocked. When
finally, every seat and inch of space
within the court room was filled
several hundred stood on the lawr
under the open windows, that they
might catch sentences from the i'm
pasSiOned pleading OF the young sen
ator.
Senator Borah laid the foundation
for his argument last night. This
morning he began an analysis OF tne
evidence, but he confined himself tt
the murder of Steunenberg and the
conspiracy. He linked Orchard tt
Haywood, Haywood to Simpkins
Simpkins to Meyer and Meyer to Pet
tibone. Then, selecting only the
evidence of witnesses for the defense
and leaving Orchards confession out
he wove the lives and movements o.
the five men together. Without de
parting from the record and inciden
tally clearing up a number OF situa
tions left somewhat clOuded, HI
brought these officers and members
of the Western Federation OF Min
.ers together. Then he took Orchard