Shoshone journal. [volume] (Shoshone, Idaho) 1884-1931, 1907-05-31

and just and he would make good
Juror, but the defense did not want
him at all. There had been a sort
OF strike lately in the office of the
local telephone company. 1t did
not amount to a great deal. The
"hello" girls had gone out. Other
girls had taken their places. The
daughter of Harmon Cox, soldier
of the Grand Army, was one OF
them. Therefore Harmon Cox was
not wanted by the defense.
He had to be got rid of and Clar-
ence Darrow was to get rid of him.
The defense had only two peremp-
tory challenges LETT They were
priceless, beyond rubies. So Clar-
ance Darrow had to prove Harmon
Cox SO biased and prejudiced
against "the defendant Haywood"
that he could not sit on the jury.
Darrow is very unconventional
person. He has been already per-
mitted by the court to do many
things that other men never at
tempt. So he sat on the counsePs
table before the double line of jur
ors' chairs and crossed his feet and
spun his eyeglasses between his
fingers and looked steadily at Har-
mon Cox of the Grand Army, with
dull eyes under peculiar brows.
For some discernible minutes the
silence in the court room was
heavy. The shades over the win
dows we're drawn down. The lights
in the room were dim.
And the lawyer of the defense
commenced in a low. steady voice
to prove out of his own mouth that
Hermon Cox of the Grand Army
was a liar when he said that he
had no prejudice Of any kind
against the defendant.
And Clarence Darrow failed.
He failed rather lamentably, too.
He asked Harmon Cox question
after question. He made speeches
at him; he suggested things that
never were in the mind of the juror
at all, and tried to convict him OF
holding them, and when he found
it quite impossible to prove that
Harmon Cox was unfit for a juror
he lost his temper, his face grew
grey and damp with sweat; his
voice grew husky. He did not cut
any longer the pathetic and heroic
figure he has been cutting ever
since the case commenced. He
came into futile conflict with the
court. and the conflict bruised him.
He came into contact with Borah
of the prosecution, and Borah
stung him time and again, quick
ly, cleverly and mercilessly.
For a moment Harmon Cox OF
the Grand Army was forgotten to
watch the two chief men who will
fight this case in their first grips.
And the honors were all Borah's.
Cool, collected, smiling, an untrou-
bled man of the world, polished,
scholarly and alert-he faced Dar-
row and met his verbal assault
and parried it and side-stepped
and slammed in stinging, burning
retorts that maddened Darrow and
left him speechless. 1t was con-
test of civilization against the cave
man, and civilization won.
If it had been a fight with bare
knuckles or light gloves instead OF
a contest of brains and wits and
words, Clarance Darrow of Chicago
would have been counted out in
the first round" He did not sue
ceed in disquaifying Harmon Cox;
he lost his self-control. He came
out of the conflict with Borah a
sadly beaten gladiator, and all his
.'brother counsel" of the defense
turned their backs upon him, and
stared angrily at the wall.
1t was picturesque and dramat-
ic episode and by it one caught a
vivid glimpse of the battle that
will rage when this case actually
hepinS