The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-07-26
BORAH BEGINS.
Closing Argument in the Hay
wood Case Taken Up
By the Junior United States
Senator From Idaho.
ASKS ONLY JUSTICE
He Declares and Wants No In
nOcent Mans Blood.
Says the Question Is Purely
One of Conspiracy.
ASKS ONLY JUSTICE

Boise, Idaho, July Ex-senator Borah
began his argument to the jury in the
Haywood case Thursday evening short
ly after o'clock He said he appreci-
ated that the jurors were fatigued
! from their long ordeal and promised he
would be as brief as possible under all
circumstances. Much of his speech, he
declared, would be an. answer to the
argument of tho opposing counsel
81 am aware" said Senator Borah,
that I 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 wrong doors 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
| man who has practiced law in this
community for 40 years and whose 10y
! atty, whose honesty has never before
been questioned, 1 do not know. 1t is
usually thought sufficient to attack a
| mans argument to do away with his
logtc-but running through this case is
an attack upon everyone, be, he high or
| low, who has had anything to do with
| or been in any way associated with the
| investigation of the crime of Decem-
| Der 80, 1906"
Senator Borah declared the state did
not want Haywood convicted of any
crime for which Orchard or Pettibone
| or Meyer or Simpkins or anybody else
was responsible and desired a verdict
of guilty only If the evidence was
deemed sufficient to warrant such
conclusion. srrefl.-S
The senator denounced Clarence Oar
rows statement that the jurors minds
had been poisoned against the defend
ants in this case. Nowhere, he declar-
ed, 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 impair
tial and just trial.
Asks Nothing But Justice.
Have you men heard anybody on
the streets of Boise asking for the blood
of William D. Haywood regardless of
his guilt? No, and it is to the ever
lasting credit of the people of Idaho
that despite the fact that one of our
most distinguished citizens was foully
murdered, nowhere has there been an
cutlery for anything but Justice and
justice after an absolutely fair and i'm
partial trial. You men know it and by
now 1 think the world knows it. You
knew it when you lifted your hands to
high heaven and took your oath of SER
vice and it is all that the state asks
of you in this, its closing hour.
I'VE are not here fighting organized
labor. We are not here fighting the
weak or the poor. Neither are we
here to consent that organized labor
shall be shield to crime. This is not
an Industrial war, 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 poor or the
poor against the rich. We are here in
the interest of the law. of Justice. of
fairness. That is ALL
Senator Borah here plunged direct
ly 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 that 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, an diff from
there you follow the devious way of
Harry Orchard, you will find that the
trail of blood passes up the stairway
in Denver up which Orchard ran that
day while the darby held his horse at
the curb below.
1.-The defense would have you be-
lieve that Notwithstanding what Meyer
may have done. what Pettibone may
have done, what Simpkins may have
done or what Orchard may have done,
Haywood is not guilty. But the law,
gentlemen of the jury, says that when
men knowingly join together to COM
of the other, no matter where that
other may be at the time of the COM
mission of the crime. 1t is not an
answer to our charge for the attorneys
for the defense to say. We care moth
ing for Jack Simpkins; let him go
overheard We care nothing for what
Pettibone may have done, we will take
care of him later l tell you and
think the court will instruct you that
in case Of this character, the acts of
Pettibone are the acts of Haywood;
the unexplained letters and kilograms
of George Pettibone and Jack Simp-
kins are the unexplained letters and
kilograms of William d. Haywood.
Question One of Conspiracy.
1.-THE only question here is as to
whether or not the evidence has been
adduced to satisfy you that there was
a conspiracy. Counsel for the defense
said we have not shown an inner cir
Gle or an organized bureau for crime
Well, 1 could pretty nearly rest the
proof of that proposition on the argu-
ment of Mr.. barrow himself
''The evidence in this case shows
that somewhere in the Western Fed
Grafton of Miners there is a power
which controlled, power which COM
mits crimes-it is proved as clearly
as the fact that Frank Steunenberg is
dead. Take the 2sth or april 1883
when the members of the Western
Federation of Miners walked boldly
from their work. organized with mill
tary precision, went to Wardner and
there blew up the Bunker Hin and
Sullivan mill. Mr.. barrow tells you
himself that the miners went back
next day to their work in the mines.
Why did they? Because they believed
there was no such thing as law and or
der in the state of Idaho. Oh, no,
gentlemen of the jury, this was not a
criminal act: this was not the West
ern Federation of Miners. What was
it? Was it an accident? Jim Shayne
was killed. Oh. yes. but he was a
scab. barrow tells you. The Bunker
hlnyyr1 lIl2 Oh hut