Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1907-08-21
THE HAYWOOD TRIAL.

I'LL tBnI WVVO butHIs
Now that the trial of William D.
Haywood is over, The Commonel
can without impropriety comment
on the case. In the last issue sat.
isfaction .sas expressed at-the YER
dict, but as the acquittal was an
nounced just as we were going tc
press we could do no more than re-
cord the result.
The case deserves place among
the celebrated trials of the nation.
and it is not too much to say that
both sides were presented with con-
summate care and ability. The ar
guments made by Senator Borah
for the state, and by Clarence OAR
row for the defense, could scarcely
be surpassed in force and eloquence;
all was done that earnestness or
talent could suggest to impress the
evidence upon the jury and the
Judges instructions were clear and
to the point. That the jury should
have so speedily acquitted was a
triumph which even the defense
could hardly expect. When the
feeling existing in Idaho is consid-
ered-a feeling causing an uncon-
scious bias for or against the min
ers in the minds of honest men-it
would not have been surprising If
the jury had disagreed. That the
opinion among the jurors was al
most unanimous on the. first ballot
makes the vindication more note
worthy.
1t must be remembered that the
state not only chose the place for
the trial, but kidnapped the defend:
ants in another state, and hurried
them to Idaho without opportun-
ity to contest the extraditicn.
While the United States supreme
court held the kidnapping legal the
decision can not relieve the au-
thorities of the charge of engaging
in conspiracy unworthy of state
officials. But Haywood may we'll
rejoice that he was kidnapped for
the clandestine deportation adds
completeness to his triumph.
But the verdict is more than a
personal victory;it is victory for
the labor organization with which
Haywood was connected. 1t would
have seriously embarrassed the labor
movement if willful murder could
have been traced to labor officials.
The American people will not toll
crate conspiracies to commit crime
and all friends of labor have rea-
son to rejoice that a jury of disin-
terested men has rejected the evil
dence presented and declared the
defendant not guilty. The trial,
too, while removing the suspicion
cast on Haywood by Orchards con-
fession will be a warning to labor
leaders to avoid association with
those who, like Orchard, discfedii
the wage. earnersb by suggesting vic.
lence as remedy for their griev.
ances.
The acquittal must also be re-
garded as vindication of the jury
system. Here were twelve disin-
terested men who bound themselves
by oath TO do justice between
the state and the accused;for near
ly three months they listened tc
witnesses, to lawyers and to the
Judge, and then they retired to the
jury room and, recognizing their
responsibility, returned a concrete
definition of Justice which a nation
approves. No such confidence
could be reposed in a single Judge
as is reposed in jury, and a Judge
might we'll shrink from the dis.
charge of such a duty as the Hay.
wood jury bravely performed.
A Judge would have former or
future trials to consider, and pub
lie opinion might have weight with
him, but these men had only this
case to think of and, after admin.
istering justice they retire from
public view. They could act with
a freedom which DO Judge coulc
feel and it is this very freedom to
consider each case on its merit:
that furnishes one of the strongest
arguments in favor of the jury sys.
tenn.
The friends of the defendant, the
friends of labor and the friends Of
trial by jury can find cause for re.
loicing in the acquittal of William
d. Haywood.-Bryan's Commoner