The Montgomery advertiser., 1907-07-26
Chicago Lawyer Grew Very Dramatic. SPEECH MOVED MEMBER
 OF AUDIENCE TO TEARS Reflected on Present Order of
 Things in Idaho. Declared In Presence of Court That No Poor Man Could Receive Fair Trial in That state-Borah
 Speaks Today.


 the State of Idaho vs. w. D. Haywood. charged with the murder of Frank Steunenberg. a 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 Tor Haywood's life at 4:2O D. m,, and at o'clock this evening U. S. Senator Borah opened the closing argument for the prosecution. He will speak for three sessions or about seven hours Judge Freemont Woods will instruct and charge the jury on Saturday morn- ing.
 At least 1000 people were unable to ind seats in the court room tonight. Two hours before the hour set for the third session of the day crowds began to arrive and within half an hour the doors were closed to all but court of- nicals and news paper men It was an audience composed almost entirely of Boise people. gathered to hear the speech of the young man who was re. gently elected by the people of Idaho to represent them in the United states Senate and who has been the assistant counsel for the prosecution in the case against Haywood
 Aside from the unaccustomed crowd In the court room and the large num- Der Of women present the scene was much as 1t has been at each of the sessions during the last eleven weeks,
 Mrs. Steunenberg, the widow of the murdered Governor. appeared in court Tor the first time since the trial open- Cd. She occupied a seat inside tho railing beside her youngest son, Ju- Han. Governor Gooding. with a num- Der of the executive staff. and a large representation of the State Judiciary and bar were among the audience, Haywood dadS bv h sel and his wife in her invalid chair was as usual by his side.
 At the prosecution's table when Sem ator Borah rose to speak was seated two associate counsel. but James H. Hawley. leading counsel for the State. wa wa. la not in his place owing sessss1Sus'
 MT. Dsrrow Res,xnes.s
 In resuming his address>to the I7ay- wood jury this morning Clarence Dat- row, of Chicago, who Is having tho last word for the defense. took up the the arrest of Harry Orchard MT Dar- rows voice was very hoarse. the result of his i've hours and forty minutes of speaking on yesterday and he spoke today with the greatest effort.
 They ask why Jack Simpkins Is not here?' said Darrow. and I will tell he Is afraid to be here. I don't propose to go around the question and give Iany fantastic reasons. He is afraid that's the reason; Hawley tells you that ty. With that statement I 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 Pettibone did not run away proves that they are innocent. One Is Just as true as the other. but neither whether a man was guilty or nor by the way he acted. but I got over that long ago. Some of the guiltiest men I ever knew have acted in the caImost and most innocent manner. while ma ny an innocent man has had to take refuge from the mob.
 Not Defending simpkins.
 T don't know whether Jack Simpkins Is innocent or not. Is there any way l can tell and be honest with this juryn I havn't seen him after he ran away. He was in Caldw we'll with Orchard and was Orchards friend. Simpkins had been in the Idaho bull pen and indig- mites to which he was subjected burn in his heart today and will probably burn there forever. for all I know. Simpkins had reason to harbor hatred against Steunenberg. Orchard lad reason. either rightly or wrongly. to harbor hatred against Steunenberg.
 'Simpkins and Orchard had been to- gether in Spokane for a month before
 
 kins went there for the purpose Or chard has told. I prefer to think that he was merely on a trip to the south ern Idaho unions and stopped on at Caldwell only for a day or two at or chard's solicitations; whatever Simpkins went to Caldwell to do he went away without doing 1t. He did not raise a hand against Steunenberg.
 "Hawley planes us for re-electlng Sfmpkins to the executive board. It might have been better to have left him off. This is a cowardly world It might have been better for the 40.o00 members of the Western Federation Of Miners to have turned their back on him when he was accused. but if wa had done that. Hawley would have told that the fact that the federation drop ned Simpkins showed beyond a shadoW of doubt that the man was guilty. But that is not tho stuff the brave meu of the Wesern Federation Of Miners are made of Till Jack Simpkius Is convicted. every member or the ted eration will stand by him and will not judge him until he has had his day in court.
 Told Him to Leave.
 If Simpkins had been your brotder. you men of this jury would have told him to go away until the passions of men had cooled. till he could appeal tc an impartial jury which would listen patiently to his story and render fair and just verdict upon him. Of course you would.
 You men know that these defend- ants are far safer today than they were eighteen months ago. Mems 7as- sion cools, their feelings subside and they look at things more calmly and fairly. You know these defendants are having a fairer trial today than they could have had twelve months ago. It Is natural that they should A wear hence I venture to say that every man not hanged can get a fair trial in Boise"
 Mir. Darrow went into lengthy dis- cussion as to why the defense had not put Steve Adams and George A. Petit bone on the stand. He demanded to know why the state had not put K. c.