The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-07-27

Grafton OF Miners regarded constitu-
lions as being only for the rich, the
laws as being made only to be broken,
1t was the rnosHpotent motive ever put
into the brain of man to take the law
in his own hands and go forth to COM
NIT crime.
I'VE are here" he exclaimed, "to
determine whether or not the state of
Idaho can enforce the laws put upon
its statute books, for if the attorney
for the defense, in his argument, re-
fleets the sentiment of the Western
Federation of Miners, there need not
be any doubt in your minds as to
whether or not the defendants at bar
would commit murder upon men who
represented the law"
At the conclusion of Senator Bor-
abs argument Judge Wood an
nounced that he would charge the
jury at 10 o'clock today.
Pleads for Haywood's Death.
Senator Borah's peroration was deliv
cred in quiet, almost pleading tones, in
which he spoke of Clarence Darrows
argument of justification.
If he said, the state has pointed
out to you the men who were concerned
in and executed this awful crime, then
in the name of the manhood and wo-
manhood of Idaho do your duty without
fear of any man or favor to any man.
As l listened to the eloquent voice of
counsel pleading for their client. there
came to me the memory of another
scene and another time. 1 remember
ed again that night in dark December
in l905-a night that added ten years to
the lives of some here now in this room.
l felt again the icy chill and faced the
drifting sleet. And l stood again be-
side the body of my dead friend whose
life blood stained the snow.
Il felt again the disgrace that had
come to Idaho. 1 saw a murdered man
that meant more than murder, for 1t
meant the first blow that anarchy had
aimed at my state. And on that night
l said to myself, Can time unteach the
lesson of this hour?'
Let us then be brave in this SUI
preme moment. If the defendant is in
nocent then let him go free, but If not,
then let him take the punishment that
the law prescribes.
You have a higher duty to perform
than ever was asked of jury in Idaho.
Some of you men have stood the test
in the past in protecting your homes
and your flag, but you have never faced
a duty that required a higher courage
than now.
In every home in Idaho the thoughts
of our people are with you mingling
with thoughts of things that made
these homes possible and in every home
throughout this broad land men and
women tonight look to you as the
brave who stand for right and the flag"
Many Congratulations.
AT the close of Senator Borah's ad-
dress and the adjournment of court he
was surrounded and congratulated by
nearly everyone in the court room, in
Guiding counsel for the defense.
Clarence Darrow said last night:
Senator Borah's speech to the jury
was the fairest and the ablest 1 have
ever heard from counsel in a great
murder trial.
Mr.. Borah might have said more
without going outside the record, but it
was noticeable that he omitted some
things in order to avoid the slightest
tinge of unfairness."
Mr.. DarrCw also paid a tribute to the
conduct of the case throughout.
When Haywood reached his cell at
the county Jail after the adjournment
of court, he said. speaking to Ras
the deputy sheriff in charge of
the jail: We'll. 1 have heard the best
of them in the country, but Borah beat
them ALL