Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1907-07-27
ARGUMENTS
AT AN END
JURY TO GET HAYWOOD CASE
THIS MORNING
SENATOR BoRAH is ELOQUENT
IN PERoRATIoN
Haywood Is the Calmest Person in the
Court Room During Trying Mo-
ments When Prosecution Is
Closing Its Case

Closing Its Case
| Special to The Herald.
| BOISE, Idaho, July 26-Eviderce and
| argument is at an end and tomorrow
morning the jury will be left to decide
| what penalty, If any, William D. Hay
| wood shall pay for participation in
| criminal conspiracy, resulting in the as
sassination of former Governor Frank
stuenenberg, with which he is charged.
United States Senator William A.
Borah, engaged by the state of Idaho
as special counsel for the prosecution,
| spoke the last word tonight.
| Tomorrow morning Judge Fremont
Wood will charge and instruct the jury.
which is expected to retire to consider
their verdict about II o'clock.
The crowd seeking admission to the
court room tonight broke all records in
a murder trial in Idaho.
Two hundred people remained in the
| grounds when the doors were closed
after the morning session and hours be-
| fore they were opened again all ap-
| proaches were blocked.
When, finally, every seat and inch of
| space within the court room was filed
| several hundred stood on the lawn under
| the open windows that they might catch
sentences from the impassioned plead
ing of the young senator.
Senator Borah laid the foundation for
his argument last night.
Borah Analyses Evidence
This morning he began an analysis of
| the evidence, but he confined himself to
the murder of Stuenenberg and the con-
| spiracy.
He linked Orchard to Haywood; Hay
| Sin1plSinS TO Mover.
and Meyer to Pettibone.
| Then, selecting only the evidence of
| witnesses for the defense and leaving
Orchards confession out he wove the
| lives and movements of the five men
together.
without departing from the record
and incidentally clearing up a number
of situations left somewhat clouded, he
brought these officers and members Of
the Western Federation of Miners to-
gether.
Then he took Orchard away from Den
yer and back again to Denver, to the
headquarters of the Western Federation
of Miners This was done carefully and
i almost monotonously. The quiet before
the storm-then Borah's voice ana man
ner changed. He sprang into action.
Borah Is Dramatic
His voice quivered and hand upraised
, fingers outstretched, he shouted:
watch them now; watch the nve
conspirators; watch them now. Stuenen'
berg is to die in thirty days and they
are moving on the scene"
| The dramatic utterances and tense
figure of the pleader sent a thrill through
the court room For the space or ten
seconds there was silence. Then, relax
ing. Borah continued with has merciless
logic He broughtDavis, Copley, ADAMS
and Easterly, all officers or memo moers ol
| the Western Federation OIL Nihers' ii'o
| touch with Orchard.
| without a pause he drew picture after
nicture of the men associating together
at various points. From each place ana
| fresh from every crime he brought Or
chard back "home to Denver" and then
smiling leaned toward the jury to ask;
''Why? Why? Always back to Den
yer, unless it was to find there the pro-
lection and pay of his employers
All these things denounced or sneered
| ar nv counsel for the defense found
bod and brilliant paragraph OF defense
in Senator Borah's interludes ana coun-
| sci for the defense were driven into
murmur of protest now under the lash
| of pointed sarcasm and again When unoer
a TRADE of indignant reproach culture
| Christianity, law and order reilnerilent'
the home and the country found ready
champion. The state of Idaho, its people
and its chief executive, each In turn
were given brilliant eulogy.
Haywood Is Calm
Under 1t all Haywood himself was
perhaps, the one man in the room VINO
| showed the least emotion. At times MS
face flushed and more than once paled
under the attacks of Borah, reaching
| the climax of the conspiracies, pointing
an accusing finger at the man whom ne
said "was the criminal force behind the
Western Federation of Miners
Mrs. Stuenenberg, widow of the dead
governor, attended the morning session,
but left early, almost prostrateo py tne
emotion awakened by Borah's vivid ora
tory Haywood's mother also left the
| court room in tears, but soon returned
to take her accustomed place beside the
invalid wife.
Senator Borah's peroration was deliv-
cred in quiet, almost pleading tones IN
! strong contrast to the harsher voice in
which he spoke of Clarence Darrow's
argument of justification.
| "Tf" he said "the state has pointed
ont to YOU the men who were concerned
in this execution, this awful crime, then
| in the name of the manhood and the
womanhood of Idaho, do your duty with
out fear of any man or favor to any man,
"As 1 listened to the eloquent voice
| of counSel pledulHS Ioi IHeti NiieH'
| there came to me the memory of another
scene and another time
Feels Idaho's Disgrace
"I remembered again that night in
dark December in 1864 night that
added ten years to the lives of some
here now in this room. I felt now and
then the icy chill and faced the drifting
steel. And I stood beside the body of
NV dead friend whose life blood stained
/ the snow
1T celt again the disgrace that had
| come to Idaho. I saw a murdered man
that meant more than murder, for 1t
meant the first blow that anarchy had
1 aimed at my state. And on that night
| / said to myself can time unteach the
i lesson of this hour?
"Let us then be brave in this supreme
moment If the defendant is innocent
then let him go free, but If not, then
Iet him take the punishment that the