The sun. [volume] (New York [N.Y.]) 1833-1916, 1907-06-22

Senator Borah replied briefly. He said
that so far as passion and prejudice went
he wal certain that counsel Tor the defence
would have to admit that Boise was less
excited over this case than almost any place
In this country where 1t had attracted any
notice whatever.
He took early occasion to call the Courts
attention to- the fact that MIR: Richardson
charge against Haywood was conspiracy.
He opposed the contention OF the other side,
that Orchards testimony could not be pom
sidered at all, and read various authorities
which declared that oorroboration need not
necessarily 60 to the whole case.
"The contention OF the State" said the
Senator, AiS that o certain conspiracy grew
up that had for it's object the taking OF
OF those whose duties brought them into
conflict with the Western Federation Of
Pettibone were the kernel of that CON
spiracy. II that be proved the law Of this
State makes the act OF one the act Of all
and the knowledge OF one the knowledge OF
all. 1t is not even necessary the Senator
ever in Caldwell, the town where steunen-
berg was killed. 1t is only necessary 10
show that one member Of the conspiracy
was there and there encompassed Steunen-
berg's death to make all the other members
even though they were in Europe at the
lime"
The usual manner in which conspiracy
twas proven, the Senator said, was by es-
tablishing a number Of circumstances that
all tended to one purpose. In this case the
State contended that it had shown such a
series Of circumstances and had established
that Haywood, Meyer and Pettibone and
Simpkins were the four men who determined
on a criminal course which ultimately re-
suited in Steunenberg's death.
TRACING THE CONFLICT.
with Steunenberg from the time OF the
C0u d'Alene troubles and cited the Of
fetal u~tterances Of hatred for him in the
Miners Magazine.
When Steunenberg retired from Office
he declared, "the official organ Of the West;
ern federation put upon him the brand
OF hireling and traitor-a brand that when
afhxed by. this organization is wiped out
only by blood
Senator Borah went on to anlayze the
testimony. He laid special stress on the
proof Of Simpkins's presence in Caldwell
just before Steunenberg's death. Simpking
was then the official Idaho representative
Of the Western federation, and yet was in
Caldwell under an assumed name and
little later killed ~Steunenberg.
The Senator paid his compliments to the
alleged Pettibone letter to Orchard when
the latter was in Jail. Innocent. they
SOY liz CIlou. llllOCCIlU III lb law, ul~
signed. anonymous. Addressed to Harry
Orchard? No. to Thomas Hogan. the
false name that Orchard signed when he
came to Caldwell with Simpkins, official
representative Of the federation. when he
called himself Simmons"
The Senator went into the other evidence
offered by the State, but said that he did not
intend to discuss IL fully. When he had
sketched it rapidly he said:
Take what path you will from the time
nr0 nrahaaI hnoar he 4aranE ~ 1ApnsaI
crime in the fall Of 1908 until he concluded
it over two years later in Caldwell and it
leads you inevitably back to Denver
DARRow WINDS UP THE TALK.
Mr.. barrow wound up the talking with a
brief speech for the defence. He declared
that the case was one OF Orchard and
Orchard alone. There was nothing else
scraped by detectives for a year and a half
yet only one man had been found who had
ever heard Haywood say anything against
Steunenberg. As for the utterances Of the
Miners Magazine. they were not more
vitriolic than political editorials seen in the
press Of the land.
He maintained that il was ridiculous to
contend that any connection had been
established between Haywood INT the
murder Of ~Steunenberg and he urged that
the case be not submitted under these
circumstances TO a jury that must inevitably
be influenced by the passions and feelings
and prejudice Of the day.
-The Court said Judge Wood, lis
thoroughly satisfied that this case should
be submitted to the jury. II this defendant
were the only defendant involved in this
case it would be proper 4or the Court to
review the evidence in view of which il
takes this attitude. but there are others
awaiting trial on this same charge and
for that reason the Court does not consider
such a review of the testimony proper.
Tho motion will he Oyerrulad
Adjournment was ordered until Monday
morning, when Clarence Darrow will open
for the defence, and the hearing Of the
defence's testimony will follow. The de-
fence will be principally one OF general
denial.