The Montgomery advertiser., 1907-07-27
DRAMATIC GIL MAX IN TRIAL Conspiracy is Theme of Speech. BORAH SPEAKS OVER AN HOUR Next to Last Day of the
 Trial. Intimacy Between Orchard And Highest Officials of The Federation Brought Out Clearly From
 Mass of Testimony.

morning the jury Will De lelt 10 oecioe what penalty if any. William D. Hay wood shall pay for participation In criminal conspiracy resulting In the assassination of former Governor Frank Steunenberg. with which he Is charged.
 United States Senator w. E. Bora'n engaged by the State of Idaho as SD ecial counsel for the prosecution spoke the last word tonight Tomor, row morning Judge Fremont VIII charge and instruct the jury. which is expected to retire to consider tneiF verdict about II o'clock
 The crowd seeking admission to the court room tonight broke all records in a murder trial in Idaho. TWO hundred people remained In tns grounds when the doors were closed at the morning session and when they opened again all approach was block ed. When finally every seat and men of space in the court room was iiiieo several hundred stood on the lawn under the open windwos that tney might catch sentences from the ih- pleading of the young sena- tor.
 Senator Borah laid the foundation for hi. argument last night. This morn ing he began an analysis or the evi- dence but he confined himself to the murder of Steunenberg and the con spiracy. He linked Orchard 10 nay wood: Haywood to Simpkins, Simpkins to Mover and Mover to Pettibone. Without departing from the record. in- cidentally clearing up numper or situations left somewhat clouded. te brought these officers and members or the Western Federation together. Then he took Orchard away from Den yer and back again to Denver 10 the headauarters of the Western Feoera- ton of Miners. This was done care fully and almost monotonously. the o,1iet before the storm. and then Be- rah's voice and manner changed. lie sprang into action. His voice quiver- ing and hand upraised, fingers out- stretched. he shouted:
 watch them now. Watch the hve Steunenberg is to die in thirty days. and they are moving on the scene"
 The dramatic utterances and the tense figure of the pleader sent thrill the court room. For the space of ten seconds there was silence: then relaxing Borah continued with his mer- ciless logic. He brought Davis. Cope ly. Adams and Easterly. all officers or members of the Western Federation or Miners into touch with Orchard. With out a pause he drew picture after pie ture of the men, associating together at the various points, From each place and fresh from every crime he brought Orchard back home to Den yer" and then smiling. leaned toward the jury to ask: Why? Why .lways back to Denver, unless 1t was to find there the protection and pay of his employers
 Ali those things denounced or sneered at by counsel for the defense found a bold and brilliant defense In Senator Borah's interludes. Counsel for the defense were driven into murmur of protest, now under the iash of the pointed sarcasm and again when under satire or indignant reproach' cul- ture, Christianity. law and order. re- f1nement. the home and the country found champion The State of Idaho. its people and its chief executive each in turn were given brilliant eulogy.
 Under it all Haywood himself was perhaps the one man in the room who showed the least emotion. At times his face flushed and more than once paled under the attack of Borah, reach ing the climax of the conspiracies, pointed an accusing finger at the man who he said was the criminal force behind the Western Federation of Min ers"
 Mrs Steunenberg. widow of the dead Governor. attended the morning ses- sion. but left early, almost prostrated by the emotion awakened by Borahs vivid oratory.
 Haywood's mother also left the court room in tears but soon returned to take her accustomed place beside the invalid wife.
 Senator Borah's peroration was Ge livered in quiet, almost pleading tones in strong contrast to the harsher voice in which he spoke of Clarence Dar- rows argument of justification.
 If" he said. the State has pointed out to you the men who were con cerned in and executed this awful crime, then in the name of the man. hood and the womanhood of Idaho. do your duty without fear of any man or any favor to any man. supreme moment If the defendant is innocent. 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 protection of your homes and your flag. but you have never faced d duty that required a higher courage than now"
 At the close of the Senator's address and the adjournment of court he was and congratulated by near ly every one in the court room. in ,luding the counsel for the defense.