New-York tribune., 1907-07-26
End NEAR AT BOISE.
BORAH CLOSING TRIAL.
TRIAL..
BOR4If
Jpdge Wood to Instruct Hay1uood
Jary TO-morrOu.

Boise. Idaho. July 25--The case Of the State of
r5aho against William .. Haywood, charged with
The murder of Frank SteCHenberg. former Gov
ernor Of the state VIII rest with Judge and jury
bv tomorrow night.
Clarence Darrow, after speaking for eleven hours
concluded the final plea Tor Haywood's life at 40
o t.. and ct o'clock this evening United States
Senator Borah opened the closing argument for
ihe prosecution. He will speak for three sessions
sr about seven hours. Judge Fremont Wood will
Instruct and charge the jury Saturday morning
Al least q thousand persons were unable TO find
seats IN the courtroom tonight Two hours before
tie time set for the third session of the day
crowds began 10 arrive, and within half an hour
the doors were closed all but court officials and
newspaper men. II audience composed
almost entirely Of Boise people, gathered TO hear
tie speech Of the young man. who. recently elected
BY the people Of Idaho 10 represent them in the
United States Senate, has been the assistant coun
Sci Tor The prosecution in the case against Hay
wood.
Aside from the unaccustorned crowd in the court
room and the large number Of women present the
scene was much as 1t has been each OF the ses-
SONS during the last eleven weeks. Mrs Bteunen-
berg me WlooW OF the murdered Governor aI
peared in the courtroom for the first time since
the trial opened. She occupied seat inside the
Fa-Ie pesloe ner youngest son. JU4la. Go. - - -
Goodlng, with a number q the executive stan auG
4 large representation OF the state judiciary ana
bdI, was among the audience. HAYWOOD was 90
rounded by his counsel, and his wife ana her III
valid chair usual by his side
Senator Bcrah's speech q sensation. FROM
time 10 time he turned on counsel the defence
fierce denunCiauon pouring from MS Aps' anu - a
times brought protest from Richardson ana Oai-
row, but with blazing eyes and hot woros ne 81
fenced every effort TO break the rush OF speech
The climax was reached when IN pellalI ol me tI-e
State OF Idaho. its people, its Governor and nm
self he disclainned all intention or desire TO give
Immunity Orchard Finally, his face pale ana
voice ouiverng with ernoton, the Senator rased his
If / should ever Join in or give approval to i'm
r-U-.ty TO this man hope tho great God may
Hit1er my right II its socket!'
At the prosecutions table when Senator Borah
rose speak were seated two associate counsel,
hui James H. HawIey, leading counsel for the
STATE not il his place, owing 10 serious IL
ness. Senator Borah said ne appreciated that the
Jurors were faugued by their long ordeal He
promised 10 be as brief possible under the cir
cunstances Much OF his speech. he declared.
would be an answer TO argument Of the opposition
counsel
SENATOR BoRAH OPENS.
y an aware" said Senator Boreh that IN
this case special prosecutor. The learned coun-
sci the other side has impressed this fact
you. But let say that state which does not
protect citizens punish wrongdoers would
lose the respect Of It's people and have no
standing in civilization.
But counsel have gone further with my associ-
ate. Why they should attack Mr.. Hawley, who
we1f feaIessly into the investigation Of this mat
ter: why they should essail IN q personal way a
nan wko has practised law in this community for
forty years, and whose loyalty, whose honesty,
have never been questioned, I DO not know. 1t lie
usually thought sufficient TO attack a mans argu-
ueut 10 GO away with his logic; but running
through this case is an attack upon every one, be
he high or low, who has had anything to do with.
or been IN any way associated with, the investga-
ton of the crime Of December 50, le05.
Senator Bora declared the state did not want
Haywood convicted Of any crime for which Or
chard or Pett!bone, or Moyer or Simpkns,
anybody else responsible. and desired YER
DICT Of guilty only II the evidence was deemed
sufficient 10 warrant such conclusion
TIE Senator denounced Clarence Darrow's state
me-t that the Jurors minds had been poisoned
against tae defendants in this case Nowhere, he
declared. could fairer trial have been held than
n Boise; defendant ever cat in a courtroom
where there greater desire for an absolutely
impartial and just trial
Have you men heard anybody in the streets or
Boise asking for the blood Of William D. Haywood
regardless OF his guilt? No; and It IS 70 the ever
lasting credit OF the people Of Idaho that, despite
the fact taat one OF or most guished citizens
was t5uuy murdered, nowhere has there been
outcry fr anything but Justice. and justice after
&? absolutely fair and impartial trial You
know Il. and By think the world knows II.
You know when you lifted your hands 10 high
Heaven and took your oath Of service, and Il Is
hour
we are not hero fighting organized labor. We
are not here fighting the weak or the poor. Neither
here 20 consent that organised labor shall
be e shield crime. This Is Industrial
as ny eloquent friend Of the defence would nave
you believe. We ere not arraytng class against
class or cns phase Of society against another. This
iz not battle Of the rich against the poor or the
poor against the rich We here IL the interest
Ct law, of Justice Of fairness. That ts all"
Senator Borah here plunged directly into the as
sassnation OF Steunenberg. He declared Orchard
had planted a bomb, as he had done many times
bst0re. lie old and experienced criminal
crime ''If' he cried you stand ct the gate Of
Frank EreUnenberg, broken and stained with his
oWn blood. and II from there you follow the de-
ylous way Of Harry Orchard. you Will find that the
trail OF blood passes up the stairway IN Denver up
which Orchard that day while ths carky held
lis horse ct the curb below.
The defence would have you believe that, not
outstanding what Meyer may have done. what
Petrbone may have done, what Srnpkins may have
done, what Orchard may have done, Haywood
Is not guilty. But the Law. gentlemen OF the
iurY, says that when men knowingly join together
TO commit crime, the Of one is the act or the
other. matter where that other may be at the
tine of the commission OF the crime. II Is not an
answer charge for the attorneys FOR the
ceience U say: We nothing for Jack Sinlp-
kns; let him go overheard We care nothing for
what Petti5one may have done; we will take care
q hin later I tell you. and think <he court
VII instruct you that IN case Of this character
tne acts of Pe;tbone the acts Of Haywood;
he unexplained letters and kilograms Of George
Fetubole and Jack Sirnpkins are tho unexplained
letters ana teleerans Of William D. Haywood Inc
only question here is 10 whether the evidence
las been ad5uced satisfy you that there was
conspiracy. Counsel for the defence has SAID we
nave not shown Inner circle, or bureau lot
crime Well, 7 could pretty nearly rest the PROOF
o. taat proposition on the argument OF Mr.. Dafro"
himself
THE MINERS INNER CIRCLE"
Ihe evidence in this case shows that somewhere
70 the Western Federation Of Miners there Is q
power which controls a power which commits