The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-07-27
Argument in the Haywood Case
Is Ended.
Senator BOrah Closed His Long
Speech Last Night.
REMARKABLE EFFORT.
1t Is COmplimented by the De-
PENDANT and barrow.
The Fairest and the Ablest They
Ever Heard.

Boise, Idaho, July 27.-Evidence
and argument is at an end and today
the jury will be left to decide what
penalty, If any, William D. Haywood
shall pay for participation in Grim
inal conspiracy, resulting in the as
sassination of former Governor
Frank Steunenberg, with which he is
charged.
United States Senator William E.
Borah. engaged by the state of Idaho
as special counsel for the prosecution.
spoke the last word last night Judge
Fremont Wood will charge and in
struct the jury which is expected to
retire to consider their verdict today.
At o'clock Senator Borah COM
menced the last stage of his argu-
ment. with the announcement that he
would conclude last night.
He devoted himself at first to the
proposition of the defense that Or
chard was a Pinkerton detective. Far
from having any such connection, the
senator insisted that Orchard through
four years of crime and conspiracy
was perfectly loyal to the Western
Federation of Miners and the leaders
of the organization. If Orchard has
had any sinister motive against Moy-
err. Haywood or Pettibone, if it had
been his purpose to gather evidence
against them he had almost unlimited
opportunity to do so. But on the con-
trary it had been shown that every
piece of evidence which came into
him even to the letter received from
George A Pettibone in the Caldwell
jail. Never at any time did Orchard
undertake to build up a case against
the defendant Haywood or any of
his associates
Discussing briefly the Colorado sit
uation Senator Borah said the crimes
and disturbances in Cripple Creek
and Telluride were brought into the
case only to show the motive. the
conspiracy. the combination and the
understanding which finally led to the
murder of Ex-Governor. Steunenberg.
The jury was not asked to convict
upon any other crime than the last.
The kidnapping.
!. As to the alleged kidnapping" of
bringing them to Idaho, he said:
eff these men were not legally
here they would not be here. You
gentlemen are not concerned with
ton than whether or not this defen-
dant was connected with the event at
Caldwell. If he was, then it was our
law which was violated. If he was, it
If he was, 1t was in our jurisdiction
that he raised the red hand and it
is proper that he should be here to
answer to an Idaho Jury.
And you know as well as do that
while he is a stranger to you, his life
and his liberty are just as safe in your
hands as they would be with any jury
in their home state of Colorado. Bill
Haywood is in no more danger of be-
ing convicted in Idaho, unless the evil
dence shows his guilt beyond reason
able doubt, than he would be in Colo
RADIO. The court, the attorneys for the
state and everybody connected with
this case have extended to Mr.. Hay
wood every right, every privilege.
every courtesy known to the law as
the right of the defendant. Haywood
and Meyer on the witness stand were
allowed to tell all they wanted to tell,
in violation of all the laws of evidence,
and without a single objection from
myself or my associates
Back to Steve Adams.
Senator Borah scathingly arraigned
the defense for not putting Steve
sociate of Harry Orchard, could, if
anybody could, prove that Orchard
was not telling the truth especially
about the Independence depot affair.
barrow gives you as an excuse for
the beating up of old man Stuart at
Cripple Creek the fact that he was a
scab. There, gentlemen, lies the mo-
tive for the Independence depot ex-
plosion. The fourteen men blown to
atoms that fateful sixth of June were
'scabs.'"
Nearing the close of his argument
Senator Borah came to the attempts
upon the life of Governor Peabody.
General Sherman Bell and Judges
Goddard and Gabbert and said they |
were the result of doctrines such as
had been enunciated before the jury
by Attorney Clarence barrow of Chi
cago. He bitterly asSailed Mr.. Darrow
and declared that if the Western Fed