The San Francisco call., 1907-06-22

ley house, 10 the dairyman who sold the mila |
ana the chemist who found poison in il.
There may appear some repetition in my |
statements TO your honor" Richardson said ''but
wiii repeat because desire to impress upon |
your h0nors mind a shadow of doubt that in all |
this mass of matter there is no basis for the |
statement that this evidence connects Haywood
with the murder of Stenenberg !"
Taking up the drafts issued by Haywood in
favor Of Jack Simpkns. Richardson said that |
some length the draft dated December 2l |
1865, In favor of Simpkins, and declared:
TRANSACTION INNOCENT
This. too innocent transaction, and
only Orchard proves any connection. You are
obliged TO leave Orchard out"
On this point Richardson's argument remained
centered for long time. He TRACED the draft
showing Haywood's connection. Here the attor-
ney. changing his manner, raised his voice.
would say to your honor" he shouted, that
IL Haywood were guilty of the blowing up of the
vindieator mine, which he is not: If Haywood
were guilty Of the attempt upon Gabbert. which
spiracy the life of Peabody. which be is not;
If he killed Wally. which he did not; if
If all these things were true. which they are
not-an this would be insufficient to connect him
with crime on the body of Steunenberg. These
were all crimes committed Ia states other than
the state OF Idaho, and this man Haywood stands
charged only with crime committed within the
borders Of the state OF Idaho.
We come, therefore. to tho p-opesition-bY
whom does This man stand connected of tie
der of steunenberg except By the mouth OF The
supported word is not worthy OF belief by any
living person
point Of defamation. He turned TO the witness
chair and shook his cienched hand at tho place
cross examination. AS he referred 20 Orchard he
hissed the words and turned from tho chair with
a gesture expressive of the utmost contempt,
Governor Peabody came here he proceeded.
''He has been interviewed everywhere in this
country and through many states aud has aH-
nouneed the things he would testify to WHOM he
got here. When he gets here what does he d6s
He tells Us that after giving up office. he weat
20 bls nome 10 canon Clty ena negsa 10 renoarl oa
q man as Thomas Hogan. That's all.
From witness to witness Richardson passed. I
in each asserting that there was nothing
to connect Haywood with the murder. Taking /
up the evidence Of @. NJ. Stuart, who testified
and denOunce Steunenberg in 1899, during the
troubles in the Occur d'Alenes. Richardson said:
FALLACY POINTED OUT
why, your honor we can find a Thousand
Steunenberg II a denunciation Of Steunenberg
made man guilty of that murder Here was
Haywood, whose brothers were oppressed and
imprisoned without trial. and harshly treated,
and in strong language he criticized and de-
nounced the action of the man who was respon-
1899 and Steunenberg killed in 1905 Why.
your honor are we going to accept such Ian
guage at such time as evidence on which
This ease has been discussed from one end
of this country 70 the other-by the news;
extreme difficulty in getting a jury. 1t seems
to me that to leave this case to a jury from
this community is TO leave it to passion and
prejudice when the rules of law ought to dis
pose Of 1t here and
'If this were ordinary 1 believe no
court would be slow to act along the line of the
motion that we have filed here. But your honor
is only human, all of human. 1 ask
manity that controls US all. Here is the fat
test case ever presented to a court of law If
whose testimony shows him to be the
greatest criminal IN all the ages. Here is a
case that has fallen fat without Orchard, and
all the testimony falls to the ground without
the aid of this foul hend Of numbering crime;
this is all that the Pinkertons produce TO
US after more than year of work.
81 ask your honor to instruct the jury to
sign up a verdict acquitting this defendant"
SENATOR BoRAH REPLIES
Senator Borah. who In behalf of the prose-
cution opposed the motion. began by congratu-
lating Attorney Richardson on what he called
bis eloquent and moving address. He then ex
pressed the belief that the prisoner would
ceiye q fair trial in Boise. Taking up the
principle OF law governing the testimony of ac-
not go far the defense contended in dis
not necessary that the .corrnbors i've evidence
should completely sustain the charge
Be said that the state alleged that there ex-
listed general conspiracy in which the lead
ers Of the western federation of miners were
the principals
left out of consideration and 1t would be found
that the state had shown the existence of the
conspiracy. Borah contended that having
tabllshed the existence OF the conspiracy and
that one participant in the conspiracy had
gone TO Caldwell. it was not necessary to show
that Haywood was at Caldwell
ut is customary in proving a conspiracy"
said Borah. Ito show a number of acts having
! common purpose, and we can eliminate Or
,hards testimony and show that the state has
established the existence Of the conspiracy by
Ro-ah tbor el-etchad tha Aarl;a- aro,+s In +h.
Joeur d'Alenes and declared that the leaders of
the federation had placed upon Governor Steunen-
berg the brand Of traitor, brand that could
'nly be wiped out with blood
The senator next reviewed the part of simp-
bounced his part in it. He said that here en-
tirely independent OF Orchard was shown an
ict in the conspiracy that began in 1889. when
-he Bunker Hill and Sullivan mine was
blown up.
Here" be said, this man simpkins. repre-
sentative of this organization, is found in com
Dany with Orchard at Caldwell sleuthing the
governor of this state, who had given ofense
70 this organization in 1890. when the Bunker
Hill and Sullivan mine blown up. and who.
Inder his oath as governor protected the prop
racking this doomed governor. We fnd him
watching the governors home and then we
ind him sleeping with this criminal. Orchard.
ng for another victim.
s'Then we find Simpkins getting out of town
Q save himself That's not Orchards testi-
TALKS OF BRADLEY CRIME
Borah referred to the circumstances under
which Orchards associates in Denver had
rnown him as Thomas Hogan at Caldwell and
lsked If this the guise of innocence. He
declared that Haywood was bound by the acts
# all his coconspirators.
Going over tiie San Francisco chapter and
counting for the attempt on Bradley. who was
manager of the Bunker Hill and Sullivan mine,
m grounds parallel with the murder of Steunen-
)erg Senator Borah said: Take what path
Tou will and follow which trail you will, It
eads always back TO Denver.
s1n San Francisco find that Orchard is
,eing sustained by a party whom contend 4
S q member Of this conspiracy. and how? Not
is Jack Dempsey and Harry Green. Why? This
money was sent to him by Pettibone, who COM
nitted forgery IN doing So"
Senator Borah said that every person on
The platform OF Independence station was on
enemy of the western federation Of miners.
Every man was marked as a victim by the
>onspiracy.' be commented.
Passing TO the incident OF the Stearns let
ters ne declared that Pcttbone gave Orchard
! letter under false at time when
ne going TO Canon City to kill Governor
Peabody.
Senator Borah contended that the letter writ
ten by Haywood TO Mrs. Orchard telling her
that her husband was in Alaska when he was
really in pursuit Of Governor Peabody and
Governor Steunenberg was o circumstance in
dependent of Orchards testimony that con-
nected Haywood with the crime He declared
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