Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1907-07-26
JACK sIMPKINs Is DEFENDED
Miner Disappeared Because He Could
Not Get Fair Trial.
BoRAH CLOSES FOR THE STATE
Final Argument for the Prosecu-
tion Begun by the United states
senator ut the Evening
session.

Mr. Darrow confined himself more closely
today to a review Of the evidence, but
throughout the theme there continued un-
ceaSingly and almost to the point OF monot-
ony the strong note Of abuse of Orchard
and condemnation for Pinkertons. Extreme
hoarseness at first interfered somewhat
with the speakers flights of oratory, but
a liberal use of lozenges afforded some re-
lief and by the time Mr. Darrow reached
the labor troubles i'm Colorado he threw all
restraint aside and in spite of a reminder
from the court he rose to even greater
heights than yesterday in his assault upon
the existing order, past and present. He
would speak, he said, upon the subject of
deportations and await the instruction to
the jury later.
Mr Darrow this morning defended the
action of Jack Simpkins in disappearing.
He argued to the jury that at the time of
Steuncnberg's death no man accused of the
murder would have been given a fair trial.
He commended Simpkins for remaining in
hiding during the present trial and brought
bold accusation against the jury he was ad-
dressing when he said
Possibly a year hence every man who
has not been hanged can get a fair trial in
Boise"
Explains Action of Federation.
Federation of Miners in re-electing Simp-
kins a member OF the executive board upon
the ground that as brave men and broth
ers, we should stand by him until he is
tried and convicted"
"They ask us why Jack Slmpkins is not
here" said Darrow, and l will tell you.
The reason he is not here is that he is
afraid to be here, | don't propose to go
around the question and give any fantastic
reasons. He is afraid; that's the reason.
Hawley tells you that Simpkins' aigEt
proves that he is guilty. With that state
ment l take serious issue, II 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 inno-
cent. One is just true as the other,
but neither is true. l used to think 1
could tell whether q man was guilty or not
by the way he acted, but l got over that
long ago Some of the guiltiest men I ever
knew have acted in the calmest and most
innocent manner, while many an innocent
man has had to take refuge from the mob.
Remembers Bun Pen.
II don't know whether Jack Simpkins 10
innocent or not. Is there any way l can
tell and be honest with this iury2 l haven't
seen him after he ran away He was in
Caldwell with Orchard and was Orchards
friend. Simpkins had been in the Idaho
bull pen and indignities 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 SteunenberR. Orchard had reason,
either rightly or wrongly, to harbor hatred
against Steunenberg. Simpkins and Or
chard had been together In Spokane for a
month before they went to Caldwell. II
Jack Simpkins went there for the purpose
Orchard has told-and 1 prefer to think
that he was merely on trip to the south
ern Idaho unions and stopped OFF Il Cald-
well only for a day or two at o. ards
/ Observation-Disclosures Simpkins went to
Caldwell to do, he went away without do
ing IT, He did not raise a hand against
Steunenberg.
"Hawley bIames us for re-elect1ng Simp-
kins to the executive board. 1t might have
been better to have left him of. This Is
a cowardly world. II might have been bet
I ter for the 10000 members Of the Western
Federation of Miners to have turned their
backs on him when he was accused, but IL
we had done that Hawley would have told
that the fact the federation dropped Simp-
kins showed beyond a shadow Of doubt
that the man was guilty But that 10 not
lno HLuH lle brave men VI NUt WtbAtIn
Federation Of Miners are made OF. TIL
Jack Simpkins is convicted. every member
Of the federation will stand by him and
will not judge him until he has had his
day in court.
Mems Passions Cool.
'If Simpkins had been your brother, you
men Of the jury would have told him TO
90 away until the passions of men had
cooled; till he could appeal TO an impartial
jury, which would listen patiently 70 his
story and render a fair and just verdict
upon him. OF course you would.
"You men know that these defendants are
far safer today than they were eighteen
months ago. Mems passions cool, their
feeling subsde and they look at things
more calmly and fairly. You know these
defendants are having a fairer trial today
than they could have had twelve months
ago 1t is natural that they should A
year hence l venture 70 say that every
man not hanged can get a fair trial IN
Boise"
Mr. Darrow here went into a lengthy
discussion as TO why the defense had not
put Steve Adams and George A. Pettlbone
on the stand He demanded to know
why the state had not put X. c. Sterling
the detective OF the Mine Owners associa
tlon, on the stand. Adams, the attorney
explained, was on trial for the murder OF
, man IN northern Idaho. Under thest
circumstances, Darrow said he would raths
cut off his right arm than allow Adami
TO take the stand. much as he desireC
the acquittal OF Haywood.
Must Preserve Clients Rights.
? Il am not afraid Of what he would saJ
against Haywood, but l am afraid to ls
Adams, MY client, turn himself wrong
side out under the cunning cross-examina
ton OF Senator Borah and then have hi
, testimony used against him when the sec
) ond trial for his life begins. No lawye
who would permit a client to do such
thing would be worthy OF the name"
: AS 20 Pettibons, DsTrow said. tho eircum
stances we're much the same. he u u b