The evening star and Newark advertiser., 1907-07-25
EXPLAINS TO
HAYWOOD
JURY
barrow Tells Why He Did
Not Put Steve Adams and
PettibOne on the Stand.

BOISE, July 25.-rClarence Dafrow,
resuming his speech for the Haywood
defense, today said:
They ask us why Jack Simpkins Is
not here, and l will tell you. The rea-
son he is not here is that he is afraid
to be here. l don't propose to go
around the question and give any fan
tastic reasons. He is afraid, that's the
reason. Hawley tells you that Simp-
kins's fight proves that he is guilty.
With that statement | take serious
issue. If the fact that Jack Simpkins
ran away proves he is guilty, then by
the same token the fact that Haywood,
Meyer and Pettibone did not run away
proves that they are innocent. One Is
just as true as the other, but neither
is true. 1 used to think ] could tell
whether a man was guilty or not by
the way he acted, but 1 got over that
long ago. Some of the guiltiest men
ever knew have acted in the calmest
and most innocent manner, while many
an innocent man has had to take
refuge from their
'I don't know whether Jack Simpkins
is innocent or not. Is there any way I
can tell and be honest with this jury?
He was in Caldwell with Orchard and
was Orchards friend. Simpkins had
been in the Idaho bull pen, and indig-
mites to which he was subjected burn
in his heart today, and will probably
burn there forever for all l know.
Simpkins had reason to harbor hatred
against Steunenberg. Orchard had
reason, either rightly or wrongly, to
Simpkins and Orchard had been to-
gether in Spokane for a month before
they went to Caldwell. If Jack Simp-
kins went there for the purpose Orchard
has told, and l prefer to think that he
was merely on trip to the Southern
Idaho unions and stopped off at Cald-
we'll only for day or two at Orchards
solicitation; whatever Simpkins went to
Caldwell to do, he went away without
doing 1t. He did not raise hand
against Steunenberg.
''Hawley blames us for rejecting
SimplSins to the executive hoard. IL
might have been better to have left
him off This is cowardly world. II
might have been better for the forty
thousand members of the Western Fed
GRAFTON of Miners to have turned their
back on him when he was accused, but
If we had done that Hawley would
have told that the fact that the feder-
alton dropped Simpkins showed beyond
a shadow of doubt that the man was
guilty But that is not the stun the
brave men of the Western Federation
of Miners are made of. TIL JACK
Simpkins is convicted every member OF
the federation will stand by MIN ana
will not Judge him until he has had his
day In court.
III Simpklns had been your brother you
men of this jury would have told him to go
away until the passions of men had cooled.
till he could appeal TO an impartial Jury,
which would listen patiently to his story
and render fair and just verdict upon
him OF course you would.
"You men know that these Defendants
are far safer today than they were eight
cen months ago. Mems passions cooi .heir
feelings subside and they look at things
more calmly and fairly You know these
defendants are having fairer trial to-
dav than they could have had twelve
months ago 1t is natural that they should.
A year hence 1 venture to say that every
man not hanged can get a fair trial>ih
Boise
Mr.. Dnrrow here went into lengthy
discussion as to why the defense hao not
MT steve Adams and George A. Pettibone
on the stand He demanded to know why
the State had not put X. Sterling, the
detective of the Mine Owners Association,
on the stand Adams, the attorney ex-
planned, was on trial for the murder OF
man in Northern Idaho. Under these cir
cumstances, Darrow said he would rather
cut off his right arm than allow Adams to
take the stand much as he desired the
acquittal Of Haywood.
''I am not afraid Of what he would say
against Haywood. but I am afraid to let
Adams. my client. turn himself wrong
side out under the cunning cross-examina-
ton of Senator Borah and then have his
testimony used against him when the
second trial for his life begins. No lawyer
who would permit a client to do such a
thing would be worthy of the name"
AS to Pettibone. Darrow said, the cir
cumstances were much the same He Is
to be tried for his life for the murder
of Steunenberg. Pettibone is described as
an easy-golng, big-hearted fellow, who
had allowed the creature orchard to work
his way into his house. 1t was more inn
portant for Pettibone to walt and take
the stand in his own behalf than to lay
himself open In this trial.