The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-06-22

found that tho state had shown the exist
ence of the conspiracy He contendcd
| that, having established the existence of
the conspiracy and that one participant
| in the conspiracy had gone to Caldwell, it
was not necessary to show that Haywood
was at Caldwell
rs is customary in proving a conspir-
acy.' said Borah, ito show a number Of
acts having a common purpose or acts.
and we can eliminate Orchards testimony
and show that the state has established
the existence of the conspiracy by other
proof
Part Played by Simpkins.
Mr. Borah then sketched the earlier
events in the Occur d'Alenes and declared
that the leaders of the federation had
placed upon Governor Steunenberg the
brand of traitor. a brand that could only
be wiped out with blood.
Mr.. Borah then reviewed the part of
Simpkins in the Caldwell crime and scath-
ingly denounced his part in it. He said
that here entirely independent of Orchard
was shown an act in the conspiracy that
began in 1899, when the Bunker Hill and
Sullivan mill was blown up.
Here he said, this man Simpkins,
representative of this organization who
is found in company with Orchard at
Caldwell, who is sleuthing the governor
of this state. who had given Offense to
this organization in 1899, when the Bunker
Hill and Sullivan mine was blown up, and
who, under his oath as governor, protect
ed the property. We find this agent of
the organization tracking this doomed
governor. We find him watching the gov
ernor's home and then We find him sleep
ing with this criminal, Orchard, who, with
twenty scalpS hanging to his belt, is
waiting for another victim. Then we find
him getting out of town to save himself
That's not Orchards testimony"
Haywood Bound by Acts of Others.
Borah referred to the circumstances un-
der which Orchards associates in Denver
known a.
Caldwell and asked him if this was the
guise of innocence. He declared that
Haywood was bound by the acts of all
his co-cOnSpiratorS.
Going over the San Francisco chapter
and accounting for the attempt on Brad
ley, who was manager of the Bunker Hill
and Sullivan mine, on grounds parallel
With the murder of SteUnenberg, Senator
BOrah said:
Take what path you will and follow
which trail you will, it leads always back
to Denver.
In San Francisco we find that Orchard
is being sustained by a party whom we
content is a member of this conspiracy.
and how? Not as Harry Orchard nor as
Harry Green WhyP This money was
sent TO him by Pettibone, who committed
forgery in doing So
Senator Borah said that every person
was an enemy OF the Western Federation
OF Miners. Every man was marked as a
victim by the conspiracy.
Letters in the Case.
Passing to the incident of the stearns
letters he declared that Pettibone gave
Orchard letter under a false name at a
time when he was going to Canon City
TO kill Governor Peabody.
Senator Borah contended the letter
written by Haywood to Mrs. Orchard, tell
ing her that her husband was in Alaska,
when he was really in pursuit of Governor
Peabody and Governor Steunenberg was
a circumstance independent of Orchards
testimony that connected Haywood with
the crime. He declared that when Hay
wood wrote the letter Orchard was at
Caldwell with Simpkins. one of the leaders
OF the western Federation of Miners.
planting bomb for Steunenberg.
Points Made by barrow.
Clarence Darrow followed Senator Ber-
all He announced that he had little to
add to what his associate had already so
eloquently and ably presented.
AT the commencement he laid down the
same general proposition that the direct
connection of Haywood with a conspiracy
must be shown.
Where is this eonspiracy?' he said,
where and when and who?
1T must be shown. Was there a con-
spiracy to kill Steunenberg? Was there a
conspiracy to kill governors? Was there
a g, conspiracy to kill everyone? 1t is ri
dlcuious in the face of it. You must
show more than feeling or I'll temper to
prove a conspiracy"
Mr.. Darrow warmed up to his subject
when he reached the articles in the
Miners Magazine. why, the man was a
miner, working in the bowels of the earth
in Silver City, he said, when the most
violent articles in the magazine were
written. Since this man became an off
Ger of the organization the mildest ar
tieles have appeared Within the last four
years Steunenberg's name has not APP
peared in the Miners Magazine Why il
would be better to shut down the printing
presses and abolish newspapers if, be
cause of some Incorporate criticism edi-
tors of newspapers were to be charged
with conspiracy and put in danger of their
lives"
Sketched the Evidence.
Mr. barrow sketched through the evil
dence, and, like Richardson, maintained
that without Orchard there was nc evil
dence to show that any officer or member
Of the Western Federation of Miners
knew ANYTHING about the crimes to which