Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-07-26
Senator Borah Declares En-
phaticaIIy Nothing Can Save
Orchard From Death on Gal
lows Richly Deserved.
COURTROOM THRONGED
AT CLOSING SESSION
Darrow's Impassioned Plea for
Lives of HapIesS Prisoners
Brings Tears to Eyes of
Many Listeners.

N'Sl'J GiOtNtfOtSt
lBy Morning Journal Special Leased Wire.l
Boise, July 25.--The case of the
state of Idaho against William d.
Haywood, charged with the murder OF
Frank Steunenerg, 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 ago p. M, and
at o'clock this evening United States
Senator Borah opened the closing ar
gument for the prosecution. He will
speak for seven hours. Judge Fremont
Wood will instruct and charge the jury
on Saturday morning.
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
to arrive within half an hour the doors
were closed TO all but court officials
and newspapermen.
] II was an audience composed al
most entirely of Boise people gathered
/ man
who, recently appointed by the people
| of Idaho to represent them in the
| United States senate has been the as.
lsoeiate counsel for the prosecution
against Haywood.
Aside from the accustomed crowd II
1.-THE court room, and the laiRe mum ba,
OF women present the scene was much
az Il mas been at each of the sessions
during the last eleven weeks. Mrs
steunenberg. the widow of the mui
dered governor, appeared in the court
room Tor the first time since the trial
| opened She occupied seat inside
the railing beside her youngest son
Julian. Governor Gooding. with 4
number of the executive staff and 4
large representation of the state Judi.
cary and bar, were among the audi.
enee- Haywood was surrounded h,
seven of his counsel and his wife n
her invalid chair was as usual. bv hi.
side. AT the prosecutions table. wher
Senator Borah rose up to speak. wer,
seated two associate counsel bu
James II. Hawley, leading counsel fol
the state was not IN his place, OWNS
to serious Illness.
Senator Borah's speech was a sen.
sation. From time to time he turned
on counsel for the defense fierce de.
nunciation pouring from his lips. ant
at times brought protest from Rich.
afdson and Darrow. but with blazfnt
eyes and hot words he silenced ever,
attempt TO break the rush of words
Lhe ciinaX was reached when in be.
nan OF the state of Idaho. it's people
lts governor ana himelf he dlsclaimc,
an intention or desire to give immun,
ity to Orchard. FINALLY his face mi,
ana voice quivering with emotion tn,
senator raised his arm and said "If
should ever JOIN or give approval I,
immunity to this man hope the erea
tod may wither my right arm IN tn,
Darrow was very hoarse as re.
suit OF speaking five hours and fort,
minutes yesterday. and smoke toda,
with the greatest effort.
He said that the reason SimpkIn,
was not here was beause he wa,
afraid to be in Boise. He ala no
know whether Simpkins Is innocent o.
not. but took issue with the statement
OF Prosecutor Hawley that his flieh
proved his guilt
He said that If that be true. th,
fact that Haywood. Meyer and Pet.
ubone did not flee proved their limo
eenee. but neither proposition Is true
Hawley blamed the federation
Tor the reelection of Simpkins L
the executive board, but II he hat
not been reelected. Hawley wouit
have said that showed beyond
aoubt that the man was guilty." sale
the attorney.
Darrow here went into a length,
discussion as 10 why the defense haf
not put steve Adams and George A
Pettlbone on the stand. He demand
ed TO know why the prosecution haf
not put G. k Sterling, detective o.
the Mine Owners association. on tn.
stand Adams. the attorney ex
planned, is on trial for the murder d
d man In northern Idaho. Under tn.
circumstances. Darrow said. lie would
rather cut OFF his right arm than al
Low Adams to go on the stand. muel
as he desired the aequittal OF Hay
wood
4 am not afraid Of what he wouls
say against Haywood. but an
afraid 70 LEI Adams, my client. turf
himself wrong side out under tn
eunning cross-examlnation Of Senate
Borah. and then have his tesilmon.
used against him when the seconl
trial for his life begins No lawye
who would permit his client to IL
such a thing would be worthy Of III
name"
As 10 pettlbone, Darrow said tn
same thing was true.
The reason he had put Meyer ol
the stand while he. too, ls awaitIni
trial. DarrOw said Is that there f n
evidence Of any SORT for Meyer q ex
plain He expressed the belief tha
Meyer would never be tried
DafroW demanded 10 know VII
Mcfarland and Sterling have 10
been Indicted He charged the Mn
Owners association directly with II
blowing up Of the Independents
depot. 40 that thez might lake II
Law IN their own hands and arlf
out The federation and an The mel