The daily sentinel., 1907-08-02
SENATOR BoRAH
TALKS OF TRIAL
Interesting Interview Given Out by
the Fearless Prosecutor of
Haywood-Denounc-
eS Orchard

but in excellent spirits. United Stat.
es Senator William Il. Borah. of Ida
no, special prosecutor in the Haywood
case, reached Salt Lake City yester.
day left that city for Cripple CreeI,
to look up evidence in the Pettibone
case.
In an interview with the Salt Lake
Herald the Senator talked freely
of the Haywood case and his views
in the matter. He denounced Harry
Orchard as cold-blooded murderer,
Sullty 10y his own confession to 4
number of atrocious crimes" He said
Orchard should be punished to the
FULLEST extent of the law and saw no
death penalty.
In view of the verdict of the Jury
in the Haywood case" said Senator
Borah, ANY opinion that may have
had as to the guilt or innocence of
Haywood is foreclosed. l do wish 10
say, however, that we had a fair
trial and the state of Idaho has no
complaint to make. Judge Ere
mont Wood, though a young man,
conducted this exceptional trial and
one that called for considerable ex-
ecutive ability in a absolutely fair
and impartial manner.
Speaking for the state, I think
that Judge Woods rulings and in
structions were made in accordance
with what he considered the law in
the case. There has been some criti-
cism of his charge to the jury, and
1t was said that it was unduly favor
able to the defense. The state took
no exception in the instructions be-
cause we believed that the court was
acting fairly in the matter. OF course
am not advised as to the attitude
of the defense, but l feel satisfied
that even although conviction result
ed the defense could have made no
objection to the conduct of the case
or to the charge of the court to the
jury.
''It was a long, hard siege. One of
those battles that makes a man grow
old. We did what we considered
our duty, irrespective of the outside
influences said to have been involv
ed, and the attorneys for the defense
worked hard for their client. 1t was
a good clean fight.
"'rhe verdict in the case was a sur
prise to me. l expected a hung jury
Shortly after the case began | felt
that there were some on the jury who
would vote for an acquittal and l
thought all along that disa
greement would result. The fact that
the case involved such an expenditure
of money, think is responsible for
some of those who were originally
for conviction voting for an acquittal
The jury was fair and | think they
gave the verdict in accordance with
what It considered the evidence and
the law in the case.
THE point which decided the jury
in favor of an acquittal, think, was
that they considered the story of Or
chard had not been sufficiently cor
reboIated. The court instructed the
jury that it was to consider only he
part of Orchards story that had been
corrrhorated by competent witnesses.
In Swing this instruction the court
followed statute of the state of Ida
no.
at is my opinion that majority
of the Jurors believed Orchards story
and were morally certain of Hay
woods guilt. That alone, however
was not sufficiently corroborated to
bring 1t within the law as they IN
dersfood it,
"You may say positively that Petit
bone will be brought to trial. The case
is set for October / and | don't think
the date will be changed. as botn
sides are ready for trial. The evi-
dence against Pettibone As more di-
roct than that against Haywood. or
course If one of the officers of the
Western Federation of Miners is gull
tv of the murder of Governor Steuu-
enberg. they all are, but it may be
easier to prove it against one than
the others. Pettibone> was closely
connected with Orchard throughout
his connection with the Miners un-
ion. This fact is shown by letters
and telegrams he sent to Orchard, to
which he signed assumed names, sucn
as 'Pat Bone and j. Wolfe
"you may also say that In case
Pettibone is acquitted Meyer Will new
or he brought to trial. In case Petit
bone iG convicted I am not prepared
TO saw what course will be pursued
with reference to Meyer, but l do
know that if we cannot convict Pet
tibone we cannot convict Meyer
"What will be done with Harry Or
chard, senator?"
"Of course being a special prosecut
or i'm the case and not the regular
state prosecuting attorney of Grimm
al cases ! am not in a position to
kI.nw what disposition will be made
of him. | feel certain however, that
he will be punished and l see no rea-
son why he should not be punisnhed
to the fullest extent of the law which
| his crimes Justify. BY his own con-
fession he is guilty of series
of atrocious murders. He Is in
telligent and committed the crimes
of his own free will. There is no
reason why he should be shown any
clemency."
| Of the Pinkertons and the Mine own
ers association with the case had any
influence with the jury"
NO do not. 1t is hard to tell
what evidence may colour juror. $
mind, but l am not inclined to thlnk
from what have talked with the jur-
ors that that phase was considered
at all. The mine owners were not
connected with the prosecution OF
the case and the Pinkertons assisted
only in aiding us to secure evidence.
/ =, ,g tho uiunrg from