The evening star and Newark advertiser. [volume] (Newark, N.J.) 1907-1908, 1907-07-26
CONSPIRACY IS
B RAJ HIS
CLAIM
(oontInued from FIr.t paee.l

AAAARAAAo - ~ AoRa Ia aS
In the rear. The jury was also brought
up the rear stairs.
Inside the court, as the next to the
last day of the trial began, Haywood
sat surrounded by his family. His in
valid wife, whose helpless condition and
pallid face have attracted so mucn at
tention and sympathy, sat immediately
at his right, and next to her was the
gray-haired mother, who, yesterday,
| could not restrain the tears which
welled to her eyes as Clarence barrow,
of Chicago. made the last plea for the
life of her son. The prisoners daugh-
Ter and sister were also in the family
circle, the only absentee being the lit
tie ~1O-year-old girl Henrietta.
Mrs. Frank S-teunenberg, the wife of
the murdered Governor, and her stall
wart son Julian were present.
Attorneys from many cities in the
West have come to Boise for the last
arguments, and constituted a large
proportion of today's big audience.
When the last seats were occupied dis
appointed hundreds remained on the
court house lawn to catch what they
could of Senator Borah's address as
the words hoated out of the windows.
Rt4ialOA ah 016ah ~ ~
briefly the points made in the opening
hour of his address to the jury last
night. Fde said he would go briefly over
the trail of blood left by Harry
Orchard. taking first the murder of
Governor ~Steunenberg and barking
back over some of the most important
Incidents developed In the testimony.
81 hardly need to tell you sensible
men," declared the ~pleader, that Pin
kerton detectives had nothing to do
with the assassination of Frank Steun-
enberg. That is one of the most absurd
of the many absurd things brought into
his ease by the learned counsel of the
defense.''
Senator Borah, in laying the founda-
ton for his argument of conspiracy,
pointed out that Orchard went to Cald-
well from Denver, and. fresh from as
ISOLATION with the officers of the West
ern Federation of Miners, who regard
ed Steunenberg as an enemy. He hen
touched upon the fact that Marian
Moore, an officer Of the Western Fed
Grafton of Min Z. in testifying for the
defense, admitted that he agreed with
Orchard to deceive Orchards wife
when Orchard wished to desert her.
I1diIS oiGildlA lGlL DFitNNA VIVA
crime in his heart. The impelling. COM
polling force came from Denver. George
Pettibone helped Orchard pack his
Utensils Of murder in his trunk. Why
Ids Pettibone not here to deny *? Ills
silence is a confession of his guilt.
Pettibone's absence is an absolute cor
roboration of Orchard"
Taking up the question Of the personal
| ynafttta fba dafapGa had phapun1 opaiEat
Orchard, Senator Borah showed the jury
the deed by which Orchard had parted
absolutely and forever with his interest in
the Hercules mine fourteen months before
General Merriam and his negro troops
marched into the Occur d'Alenes.
This deed, the letters and kilograms and
all the other evidence not subject to being
tempered with in this case corroborate
Harry Orchard and ut in precisely with
the story he has told you. Governor
Steunenberg did not cause Orchard to lose
his Interest in the mine, so how could he
have entertained a murderous grudge?"
Senator Rorah took mp one by one the
witnesses for the defense. who he said
c~orroborated Orchard and proved a criini-
nal conspiracy because they had covered
and protected Orchard up 10 The time lie
confessed aud implicated Haywood.
Among these were Bill Easterly, the
member OF the Western Federation of Min
ers who heard Orchards threats and to
whom Orchard telephoned from Caldwell
before the murder. W. f. Davis, the pres
ident of the local federation. who also
heard Orchard make threats against Steu-
nenberg and who swore the passing OF the
armed and masked mob in possession of a
train did not interest him when he saw II,
David Coates, the Governor
of Colorado and friend of the federation
with whom Orchard discussed the stealing
OF the Paulsen children; Iottie Day, who
was introduced to Haywood by Orchard
and who saw Orchard and Haywood In pri-
vate conversation General Eugene Engiey,
the former Acknowledgement of Colorado,
who, of all men an officer Of the law,
should have kept these direfui threats a
secret locked within his breast when the
State of Idaho was looking for evidence
against Orchard, the suspect.
But" said Senator Borah, General
Engley does not believe In law. He is not
even a socialist. He is an anarchist. You
heard the speech he made here in the wit
ness chair. Nobody could stop It.
with such men as Engley in office
l am not surprised thai Colorado has had
hell within her borders for the past ten
years"
The Senator next read effectively 20 the
jury the articles denouncing Steunenberg
in the Miners Magazine.
There is much talk here and in the
argument Of counsel about an industrial
war. There is an Industrial war, but
II lis for you men to determine whether
Industrial warfare shall be carried out on
the principal of murder.
1.-THE defense tells you that outside OF
Orchards testimony there Is nothing here
to prove a conspiracy. What more do
you want2 We put Orchard and Simp-
kins and Meyer and Haywood and Petit
bon together in Denver. Now watch
them as they move to the scene Of Frank
Steunenberg's murder"
Briefly, Borah showed the friendship ex-
listing among the quintet. Then he hurled
at the jury the letter which Orchard said
he received from Pettlbone at Caldwell.
''Friend Tom: That was sent to Jack
the 21st.''
How exclaimed Senator Borah, did
Pettibone know that Orchard, under the
name Of Tom Hogan, was at Caldwell?
Why did Haywood send a draft for 500
to Jack Sinpkins on December Pip
Now watch the co-couspirators? Co
consplrators. how quickly they act. Scarce
~ had the news Of Tom Hogan's arrest
been flashed to the world than attorneys
for the Western Federation Of Miners
focked to Caldwell from all directions
Jack Simpkins was the man who went
to see Attorney Miller at Spokane; Jack
Slmpkins was the man who sent the mvs-
terious and unexplained telegram to Hay
wood. The wording of Simpkins's tele-
gram. Borah declared, showed that no