New-York tribune., 1907-07-29
THE HAYWOOD VERDICT

A verdict CT acquittal. or. at the most, dis
agreement, was to be expected in the trial at
Boise City. The prosecution did not make out a
case that would lead the average jury to send
the accused man TO the gaOws. However
strongly It fastened suspicion Of organized
assassination upon the Western Federation of
Miners and its officers it failed to prove
guilt. Orchards confession lacked that full
confederation that is necessary to overcome the
jurys and, indeed, the laws prejudice against
the confession Of an accomplice. 1t was shown
that close relations existed between Orchard
and the officers of the Western Federation and
that Orchard was connected with Haywood, but
practically always through third person,
whose connection with the Western Federation
may may not have been all that the prose
cution contended it In the Steunenberg
case, which was the real issue, it shown
that Orchard started out from Denver, the
headquarters of the Western Federation. armed
with bomb; that he proceeded to SteuneII-
bergs home in Idaho, being accompanied part
OF the way by officer of the federation that
when he was arrested after killing Steunenberg
this accompanying officer hired attorney to
defend him and telegraphed Haywood about his
defence and that Orchard went under an
sumed name at the time and the federation
officers knew him by that name In the tele
grams. All this was established independently
of Orchards testimony. 1t was very damaging.
it is always damaging TO be associated by
such train of circumstances with murderer.
The facts are however, doubtless susceptible
of other interpretations, especially in the light
Of testimony TO the effect that the federation
always employed counse! TO defend members
under arrest. and the jury evidently chose an
other Interpretation.
The case against the federation officers Ia
bored under the handicap that such wholesale
and systematic crime as It sought TO prove
Is hard to believe. The testimony of ali ac
complice to such an array of horrors requires
strong corroboration. Our instructive faith in
human nature Is In arms against him. The
more crimes that charged the more difficult
becomes belief, and the more critical we are Of
evidence. If it had been sought TO lay at the
door OF the federation the death of one man,
enemy of its policy, credence might have been
ready enough, for such violence is within the
ordinary range OF human experience. But this
case called for belief IN the murder of three
or four score and in organized assassina-
ton, and the unusual number and atrOcity Of
tho crimes made human nature critical Of the
proof. It is hard enough TO account for one
Orchard, but to be asked to believe in half
dozen Orchards, all fortuitously associated
rouses all tury's innate skepticsm. There
fore, it seems TO us that the very magnitude OF
the states case weakened II.
We have already rehearsed, as we recall
them, the corroborative circumstances regard
ing the federation's connection with Governor
Steunenberg's murder. They are damaging.
But, il is asked. why should the federation
wish to Kill Steunenberg? He had opposed the
federation. But that, 1t is objected, was years
ago, and Steunenberg had since retired 10 prl-
vate life. Well, the answer Is, 1t was for terror
ism In which the federation was engaged
Systematically. That was the theory on which
the prosecution built its case, and It made
necessary the proof of systematlzed assassina
tion and organized terrorism, resulting in brutal
murders by the score. The Steunenberg case
was the strongest OF all. and 1t weakened
by the weakness Of the others. The prosecution
doubtless had option. It had to let Orchard
tell his whole story which taxed belief in that
it called for stronger proofs and more perfect
cOrroboration than would have been necessary
in the case Of a single easily credible crime
Anything outside the ordinary range Of human
experience takes a lot Of proof and that was
lacking in this case.
The trial was emnently fair and admirably
conducted the part Of the prosecution. There
was no vndctiveness and no sensationalism
about It's methods. In many respects 1t was
fortunate that great a case as this should
be tried in a small community. Small places
seem to keep their heads best during trials Of
great public interest, and, from what we have
been able to learn the temper Of the Idaho peo
pie has been calm and dispassionate.