The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-07-26

Boise, July 25.-The case of the state
of Idaho against William D. Haywood,
charged with the murder of Frank
Steunenberg, a former governor of the
state, Will rest with judge and jury by
tomorrow night
Clarence Darrow, after speaking for
eleven hours, concluded the final plea
for Haywood's life at 4:20 p. m, and
at o'clock this evening United States
Senator Borah opened the closing ar
gument for the prosecution. He Will
speak for three sessions. or about
seven hours. Judge Fremont Wood
viii instruct and charge the jury On
Saturday morning.
Hundreds Turned Away.
At least | 1000 people were unable to
find seats in the court room tonight.
Two hours before the hour set for the
third session of the day crowds began
20 arrive and within half an hour the
doors were closed to all but court Of
ncials and newspaper men. 1t was an
audience composed almost entirely of
Boise people, gathered TO hear the
speech of the young man who recently
elected by the people of Idaho to rep
resent them in the United States sem
ate, has been the associate counsel fer
the prosecution in the case against
Haywood.
Mrs. Steunenberg Present.
Aside from the unaccustomed crowd
in the court room, and the large num-
her of women present, the scene was
much as il has been at each IF the
sessions during the last eleven weeks.
Mrs. Steunenberg. the widow OF the
murdered governor appeared in the
court room for the first time since tie
trial opened. She occupied a SCAT ir-
side the railing, beside her youngest
son Julian. Governor Gooding. with a
number of the executive staff and
large representation OF the state ju-
dietary and bar, were among the au-
dience. Haywood was surrounded by
seven OF his counsel and his wife in
her invalid chair was, as usual. by his
side.
At the prosecutions table, when SEN
ator Borah rose to speak, were seated
two assistant counsel, but James H
Hawley. leading counsel for lhe state,
was not in his place, owing TO serious
illness.
Torrent of Denunciation.
Senator Borah's speech was a SEN
satiOn. From time to time he turned
nunciation pouring from his lips, and
at time brought protest from Richard
son and DarrOw, but with blazing eyes
and hot words he silenced every effort
TO break the rush of words. The climax
was reached when, in behalf of the
state of Idaho. its people, its governor
and himself, he disclaimed all inten-
tion or desire to give immunity TO
Orchard. Finally, his face pale and
very quivering with emotion, the SEN
ator raised his arm and said: eff I
should ever join in or give approval to
immunity TO this man, I hope the
great God may wither my right arm
to the socket"
Why Jack Simpkins Fled.
In resuming his address to the Hay
wood jury this morning, Clarence Oar
row Of Chicago. who is having the last
word for the defense, took up defense
of Jack Simpkins' flight after the arrest
of Harry Orchard Mr.. Darrow's voice
was very hoarse, the result of his five
hours and forty minutes Of speaking on
yesterday, and he spoke today only with
the greatest Of effort.
They ask US why Jack Simpkins is not
here" said DarroW "and / will tell YOU.
The reason he is not here is that he is
afraid to be here. 1 don't propose TO go
around the question and give any fan
tastic reasons. He is afraid, that's the
reason Hawley tells you that Sifnpkins
flight proves that he is guilty. With that
statement I take serious issue If the
fact that Jack Smpkins 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
innocent. One is just as true as the 9TH
er, but neither is true I used to think
] could tell whether a man was guilty
or not by the way he acted, but / got
over that long ago Some Of the guiltiest
men ever knew have acted in the calm
est and most innocent manner while many
an innocent man has had TO take refuge
from the mob.
Question an Open One.
II don't know whether Jack Simpkins
IS innocent or not. Is there anyway I can
tell and be honest with this jury?
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 the indignities to
which he was subjected burn in his heart
today and will probably burn there for
ever for all I know. Simpkins had reason
to harbor hatred against Steunenberg.
Orchard had reason, either rightly or
wrongly, TO harbOr hatred against Steun-
senberg. SimpSins and Orchard had been
together in Spokane for a month before
they went to Caldwell. If Jack Simpkins
went there for the purpose Orchard has
told and | prefer to think that he was
merely on a trip TO the southern Idaho
unions and stopped off at Caldwell only
for a day or two at Orchards solicta-
ton; whatever Simpkins went to Cald-
well TO do, he went away without doing