The Birmingham age-herald., 1907-07-27
List of Witnesses.

lO WIDul 1IGidIu lcttpilOlch llpii C~h well before the murder; W. F. Davis. the president of the local federation, who also heard Orchard make threats against Steunenberg and who swore the passing of the armed and masked mob in posses sion of a train did not interest him when he saw it; David Coates, the ex-leuten- ant governor of Colorado and friend of the federation, with whom Orchard discussed the stealing of the Paulsen children; Lot tie Day, who was introduced to Haywood by Orchard, and who saw Orchard and Haywood in private conversation; Gen. Eugene Engley, the former attorney gen eral of Colorado, who of all men, an off, cer of the law, should not have kept these direful threats a secret locked within his breast, when the state of Idaho was look ing for evidence against Orchard, the suspect.
 But" said Senator Borah, General Engley does not believe in law. He Is not even socialist; he Is an anarchist You heard the speech he made in the wit ness chair. Nobody could stop 1t.
 EngIey an Anarchist.
 with such men as Engley in office, am not surprised that Colorado has had hell within her borders for the past ten years"
 The senator next read effectively to the jury the articles denouncing Steunenber- ger ID lIle AllneTS MdBdLlub. There is much talk here and in the argument of counsel about an industrial war. There Is an individual war but 1t is for you men to determine whether in- dustrial warfare shall be carried out on the principle of murder. "The defense tells you that outside of Orchards testimony there Is nothing here to prove a conspiracy. What more do you want? We put Orchard and Simpkins and Mover and Haywood and Pettlbone to- gether in Denver. Now watch them as they move to the scene of Frank Steunen- bergers murder"
 Briefly Senator Borah showed the friend ship existing among the quintet. Then he hurled at the jury the letter which Dr. chard said he received from Pettibone at Caldwell
 Friend Tom: That was sent to Jack the 21st.'
 Pettibone's Knowledge. How" exclaimed Senator Borah, did Pettbone know that Orchard, under the name of Tom Hogan was at Caldwell? :? l Why did Haywood send a draft for $100 | to Jack Simpkins on December 21? Has Pettbone come to say word as to this? Now. watch the co-conspirators, how quickly they act. Scarcely had the news of Tom Hogan's arrest been flashed to the world than delegation from 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 Simp<ins was the man who sent the mys- terious and unexplained telegram to Hay wood.
 "The wording of Jack smpklns tele- gram" Senator Borah declared, showed that he knew Haywood had full knowl- edge of the case, and Haywood got busy.
 Follow Slmp1ins, Richard Mover, Haywood and Pettibone from Denver to the death of Steunenberg at Caldwell, review the testimony. watch their actions and I say to you that an absolute and concerted conspiracy has been proved.
 "They killed Steunenberg to show to the world that they never forgot an enemy.
 Haywood Has Brains.
 "Where is Pettbone? Afraid to speak. Where is Jack Simplns, who was at Caldwell with Orchard and who could tell so much? He Is In a corner and afraid to come to say word for his lifelong friends"
 Senator Borah said he wasN ready to admit that Haywood wah shrewd, keen | and possessed of brains.
 "Of course, he has brains" he ex- claimed The had brains enough to start defense of the Western Federation of
  chard, the hired assassin, had fallen into a trap.
 Did the Pinkertons find any one to defend Orchard? Did the mine owners :? No, 1t was the Western Federation of Miners"
 Answering at great length the theory of tha defense that attempts upon the life of Fred Bradley at San Francisco were accidental, and not the design of Orchard Senator Borah pointed out that the latter moved directly from Denver to San Francisco. He traced the move ments of Orchard In San Francisco and ridculed the theory of a gas explosion.
 And cried Senator Borah, When Orchard gets ready to leave San Fran cisco where does he go? Back to Den yer? What for? To get his money.
 "The deed was done, the pay was due"
 Night Session.
 At 6 o'clock Senator Borah commenced 1 the last stage of his argument with the announcement that he would conclude | tonight.
 MT. Borah devoted himself at first to | the proposition of the defense that Or chahri was a Pinkerton detective. Far | from having such connection, the sena- i tor insisted that Orchard through four years of crime and conspiracy was per | fectlv loyal to the Western Fedora 1 ton of Miners and the leaders of the 1 organiza tion If Orchard had had any sinister motive against Mover, Haywood | or Pettibone; if 1t had been his pur- pose tc gather evidence against them he had almost unlimited opportunity to do so But on the contrary 1t had been | shown that every piece of evidence which came into Orchards hands was destroyed | by him. even the letter received from | Pettibone In Caldwell jail. Never at any time did Orchard undertake to build up a case against the defendant Haywood, or any of his associates. | Discussing the Colorado situation Send- l tor Borah said the crimes and disturb ances in Cripple Creek and Telluride | were brought into the case only to show | the motive for the conspiracy, the com 1 pletion and the understanding which fin- | ally led to the murder of ex-Governor 1 Steuner berg. The jury was not asked to | convict upon any other crime than the | last.
 Men Legally Tried
 As to the alleged Kidnapping of the de- | fendants in Colorado and bringing them
 to Idaho, he said:
 | If these men were not legally here
 they would not be here. You gentlemen l are not concerned with how they got
 here or any other question save as to | whether or not the defendant was con
 nected with the event at Caldwell II
 he was, then it was our law, if he
 was 1t was our citizen he murdered; if he
 was, 1t was in our Jurisdiction he raised
 the red hand and It Is proper that he