Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-07-25
THE HAYWOOD TRIAL
Attorney DarroW's Last Word
for the Defense.
CONCLUSION OF ARGUMENT
Plea for Jack Simpkins Feature of To-
days Talk.
NOT MAN HAWLEY DESCRIBED
Reasons for simpkins' Flight Exploit
ed-Pertinent Questions Asked the
State-As to Others.


to the Haywood jury this morning, Clar-
ence barrow of Chicago. who is having the
/ last word for the defense took up defense
| of Jack Simpkins' flight after the arrest of
| Orchard. Mr.. Darrow'S voice was very
! hoarse, the result of his five hours and
| forty minutes of speaking yesterday, and
! he spoke today only with the greatest
! effort
| They ask us why Jack Simpkns is not
! here" said barrow, and l will tell you.
! The reason he is not here is that he is
afraid to be here. l 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' flight
proves that he is guilty. With that state
ment | take serious issue. If the fact that
Jack Smpkins ran away proves he is guilty,
then by the same token the fact that Hay
! wood, Meyer and Pettbone did not
away proves that they are innocent. One
is just true the other but neither is
true. L used to think l 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 l ever knew have acted
| in the calmest and most innocent manner,
while many an innocent man has had to
take refuge from the mob.
Il don't know whether Jack Simpkins is
innocent or not. Is there any way l can
tell and be honest with this jury? | have
not seen him after he ran away. He was
in Caldwell with Orchard and Or
chards 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 | know.
Hatred Against Steunenberg.
"Simpkins had reason to harbor hatred
against Steunenberg. Orchard had reason,
either rightly or wrongly, to harbor hatred
against Steunenberg. Smpkins and Or
chard had been together in Spokane for
month before they went to Caldwell. If
Jack Smpkins went there for the purpose
Orchard has told-and l prefer to think
that he was merely on trip to the south
ern Idaho unions and stopped off at Cald-
well only for a day or two at Orchards
Gcitation-whatever Simpkins went to Cald-
we'll to do, he went away without doing it.
He did not raise hand against Steunen-
berg.
"Hawley blames US for re-electing Simp-
kins to the executive board. 1t might have
been better to have left him off. This is
cowardy world. 1t might have been better
for the 10000 members of the Western
Federation of Miners to have turned their
| backs on him when he was accused; but if
we had done that Hawley would have tod
that the fact that the federation dropped
Simpkins showed beyond a shadow of
doubt that the man was guilty. But that
| is not the stuff the brave men of the West
| ern Federation of Miners are made Of Till
! 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.
Would Have Advised Simpkins.
IF Simpkins had been your brother you
men of this jury would have told him to
go away until the passions of men had
cooled till he could appeal to an impartial
jury, which would listen patiently to 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 We're eighteen
months ago. Mems passions cool, their
feelings subsde, and they look at things
more calmly and fairly. You know these
defendants are having fairer trial today
than they could have had twelve months
ago. 1t is natural that they should. A
year hence / venture to say that every man
not hanged can get a fair trial in Boise"
Mr.. barrow here went into a lengthy dis
| cussion as to why the defense had not put
| Steve Adams and George A. Pettibone
| the stand. He demanded to know why the
| state had not put X. c. Sterling, the detec-
| tive of the Mine Owners Association, on
| the stand. Adams the attorney explained,
| was on trial for the murder of a man in
northern Idaho Under these circumstances,
barrow said he would rather cut off his
| right arm than allow Adams to take the
| stand, much as he desired the acquttal of
Haywood.
Petitioners Case.
II am not afraid of what he would say
against Haywood, but I am afraid to let
Adams, my client, turn himself wrong side
out under the cunning cross-eXamination
of Senator Borah, and then have his testi-
mony used against him when the second
trial for his life begins No lawyer who
would permit client to do such thing
would be worthy of the name.
AS to Pettibone DarroW said the circum-
stances were much the same. He Is to be
tried for his life for the murder of Steunen-
berg Pettibone is described easy
going big hearted fellow, who had allowed
the creature Orchard to work his way into
his house 1t was more important for Pet
tIbone to wait and take the stand in his
| own behalf than to lay himself open In the
| trial.
barrow Opens His Address.
Clarence barrow of Chicago, for two ses
| sions of the Haywood trial yesterday pro-
claimed the innocence of his client and the
impossibity of his conviction upon the I'M
| corroborated evidence of Harry Orchard.
| T II Hawley, leading counsel for the state,
and Orchard were the figures around Whom
most of the storm of the day centered.
| throughout the ten weeks of testimony
| taking Hawley and barrow have clashed al
| most daily and there have been frequent
| exchanges of angry words until, during
| Hawley's argument the lie was passed
| Yesterday barrow vented his accumulated
| the changes