The Colorado statesman., 1907-07-27
BLOODY TRAIL
SENATOR BoRAH SAYS ORCHARD
is GUILTY.
MAY GOD WITHER MY ARM
Dramatic Plea of Attorney for the
State Will Soon End the Fa-
nous Haywood Trial.

Boise, Idaho. Senator Borah began
his argument to the jury shortly after
Z p. M. He said he appreciated that
the jurors were fatigued from their
long ordeal, promised to be as brief as
possible under the circumstances
Much of his speech, he declared, would
be an s.nswer to the argument of the
opposing counsel.
Il am aware, said Senator Borah,
that ] am In this case as a special
prosecutor. The learned counsel on
the other side has impressed this fact
upon you. But let me say that the
state which does not protect it's citi-
zens or punish wrongdoing would soon
lose the respect of it's people and have
no standing in our civilization.
But counsel has gone further with
my associate. Why they should attack
Mr.. Hawley, who went fearlessly into
the investigation of this matter, why
they should assail in a personal way
a man who has practiced law in his
community for forty years, and whose
loyalty, whose honesty has never be-
fore been questioned, l do not
know. 1t is usually thought suffi-
cient TO attack a mans argument,
to do away with his logic-but rua-
upon everyone. be he high or low, who
has had anything to do with or has
been in any way associated with the
Investigation of the crime of December
80, 1905.''
Only Ask Conviction on Evidence.
Senator Borah declared the state did
not want Haywood convicted of any
crime for which Orchard and Petti-
bone or Meyer or Simpkins or anybody
else was responsible and desired ver-
dict Of guilty only if the evidence was
deemed sufficient to warrant such a
conclusion.
The senator denounced Clarence
Darrow's statement that the jurors
minds had been poisoned against the
defendant in this case. Nowhere, he
declared, could a fairer trial have been
held than in Boise, no defendant ever
sat in a court room where there was
greater desire for an absolutely i'm
partial and just trial.
Have you men heard anybody on
the streets of Boise asking for the
blood of William d. Haywood regard
less of his guilt? No, and it is to the
everlasting credit of the people of
Idaho that despite the fact that one OF
our most distinguished statesmen was
fouliy murdered, not here has there
been an outcry for anything but jus
tice, and justice after an absolutely
fair and impartial trial. You men
know it, and by now l think the world
knows it. You knew it when you
lifted your hands to high heaven and
took your oath of service and it is all
that the state asks of you in this, its
closing hour.
1--WE are not here fighting organized
labor We are not here fighting the
weak or poor. Neither are we here to
consent that organized labor shall be
a shield to crime. This is not an in
dustrial war, as my eloquent friend of
the defense would have you believe.
We are not arraying class against
class or one phase of society against
another This is not battle of the
rich against the the poor or the poor
against the rich. We are here in the
interest of law, of justice, of fairness.
That is ALL"
Senator Borah here plunged directly
into the assassination of Governor
Steunenberg. He declared Orchard
had planted a bomb, as he had done
many times before. He was an old
and experienced criminal, and he was
| not alone in the commission of crime.
''If.' he cried, you stand at the gate
of Frank Steunenberg, broken and
stained with his own blood, and if
| from there you follow the devious way
of Harry Orchard, you would find that
the trail of blood passes up the stair
way in Denver up which Orchard ran
that day while the darkey held his
horse at the curb below.
Jacn l01f
| that Notwithstanding what Meyer may
have done, what Pettibone may have
| DONE what Simpkins may have done
or what Orchard may have done, Hay
wood is not guilty. But the law, gen
tlemen of the jury, says that when
men knowingly join together to com
| nit a crime the act of one is the act
| of the other, no matter where that
| other may be at the time of the com
| mission of the crime 1t is no an
swer to our charge for the attorneys
for the defense to say we care moth
ing for Jack Simpkins; let him &C
overheard. We care nothing for what
| Pettibone may have done; we will
| take care of him later.
| Acts of Pettibone Those of Haywood
| 81 tell you and l think the court will
instruct you that in a case of this
character the acts of Pettibone are
the acts of Haywood; the unexplained
letters and kilograms of George Pet
tibone and Jack Simpkins are the un
explained letters and kilograms of viii
liam d. Haywood.
1.-The only question here is as tc
whether or not the evidence has beer
adduced to satisfy you that there was
conspiracy. Counsel for the defense
has said we have not shown an inner
circle or an organized bureau fol
crime. Well l could pretty nearly
rest the proof of that proposition OF
the argument of Mr.. Darrow himself
THE evidence in this case shows
| that somewhere in the Western Fed