The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1907-07-26

Boise, July 25.-The case Of the
state Of Idaho against VIM. D. Hay
wood, charged with the murder Of
Frank Stuenenberg, former COVER
nor of the state, will rest with Judge
and jury by tomorrow night.
Clarence Darrow, after speaking for
II hours, concluded the final plea for
Haywood's life at 4:20 p. M, and at
O'Clock this evening United States
Senator Borah opened the closing ar
gument for the prosecution. He will
speak for three sessions, or about sew
en- hours. Judge Wood will instruct
and charge the jury Saturday morning.
At least 1000 people were unable to
find seats in the court room tonight.
Two hours before the hour set for the
third session of the day, crowds be-
gan to arrive and within half an hour
the doors were closed to all but. court
officials and newspaper men. 1t was
an audience composed almost entire
ly Of Boise people gathered to hear the
speech of the young man, who, re-
Gently elected by the people of Idaho
to represent them in the United
States senate, has been the assistant
counsel for the prosecution in the
case against Haywood.
Aside from the unaccustomed crowd
in the court room and the large num-
Der of women present, the scene was
much as it has been at each of the
sessions during the last II weeks.
Mrs. Stuenenberg appeared in the
court room for the first time since the
trial opened. She occupied seat in
side the railing beside her son. Julian
Governor Gooding, with a number Of
the executive staff and large repre-
sentation of the state and bar, were
among the audience. Haywood was
surrounded by several of his counsel
and his wife in her invalid chair was,
as usual, by his side.
Senator Borah's speech was a sensa-
ton. From time to time he turned
upon counsel for the defense and the
fierce denunciation from his lips at
times brought protests from Richard.
son and Darrow, but with blazing eyes
and hot words, he silenced every effort
to break the rush of words. The clim-
ak was reached when in behalf of the
state of Idaho, the people, and HIM
self, he disclaimed all intention or
desire to give immunity to Orchard.
Finally, his face pale and voice Quiv-
ering with emotion, the senator rails
ed his arm and said:
"If should ever join in or give ap-
f<Ni I'm, f<e m on Il
the great God. may wither my right
arm in the socket"
At the prosecutions table, when
Senator Borah rose to speak, were
seated two assistant counsel, but
James H. Hawley, leading counsel for
the state, was not in his place owing
to serious illness.
Il am aware" said Senator Borah,
t'that 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 its citi-
zens or punish wrongdoers would
soon lose the respect of its people and
have no standing in our civilization.
''But counsel has gone far with my
associate. Why they should attack
Mr. Hawley, who went fearlessly into
the investigation of this matter; why
they should assail in personal way
man who has practiced law in his
community for 40 years and whose
loyalty, whose honesty has never be-
fore been questioned, do not know.
1t is usually thought sufficient to do
away with mans conscience, but
this case is an attack upon every one,
be he high or low, who has had any
thing to do with the investigation of
the crime of December 80, 1905" IL
Senator Borah declared the state
would prosecute whoever was guilty
X on evidence to warrant some conclu.
sion.
The senator denounced Attorney
Darrow's speeches. Nowhere, he de-
clared. could fairer trial have been
held than in Boise. No defendant
ever sat in a court room where there
was a greater desire for an absolutely
impartial and just trial.
.sYou men know there has been JUS
tice and I think the world knows It.
You knew 1t when you lifted your
hands to high heaven and took your
oath OF service and it is all that the
state asks of you in this, Its closing
hour.
eWe are not here fighting organ
lied 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, as my eloquent
friend of the defense would have you
believe. We are not arraying class