The sun. [volume] (New York [N.Y.]) 1833-1916, 1907-07-27
HAYWOOD CASE TO TIE JURY
THE JUDGE WILL DELIVER ms
CHARGE THIS MORNING.


Wow Of the Evidence Jury speIlDeupd.
BOISE. July 20 senator William T..
Borah tonight concluded his arrangement
Of William d. Haywood, indicted for the
murder OF e1-Gov. Frank Steunenberg.
Tomorrow morning Judge Wood will
charge the jury and the case will be in their
hands before noon.
There IL only one word that ttly de-
tina word {. terrific" For three hours in
the morning and three more hours in the
evening he held the crowded court room
spellbound. III jurors sat up straight In
their chairs. The lawyers for the defence
gazed on the prosecutor as II hypnotized.
Haywood himself fixed a fascinated eye
upon the Senator through all those ak
hours. His wife wept softly to herself Al
frequent intervals. His mother stood IL
as long as she could. but had to leave the
court room before Borsh had been talking
an hour and q half. The widow Of ex-Gov.
Frank Steunenberg was also overcome and
had TO be led ont early in the forenoon.
The Senator reversed the process Of argu-
ment followed by the other lawyers In the
case. He took up his stand by the little
gate in Caldwell. stained with the blood Of
FRANK ottuneDDcTk, duu kc ioitOWcu marry
Orchards trail back ward from tina spot
and he took with him on his quest every
soul in the court room while he led them,
as he said. TO that flight Of stairs in Denver
that leads to the former office OF William ID.
Haywood.
He did not cucumber his address with a
mass of immaterial detail. but he took. one
fact and he put another with il and to those
two he added a third and 30 on, until before
the eyes Of his auditors the whole structure
Of his argument appeared complete and
1awless. He built up his pictures Of the
conspiracy that sent Harry Orchard, now
in jail. and Jack Simpkins. nov a fugitive
from the law. to Caldwell on heir murder
GUS mission, ill those who heard him
could almost see the p~lotters. Haywood.
Meyer and Pettibone. at work back there in
Denver. And he did IL all without the
evidence given by Harry Orchard. by the
aid OF evidence independent Of his testimony
but corroborating IL. And every now and
then the train OF logic was punctuated with
a dazzling stab, like his dramatic outburst
Of last night when he said: They say this
trial is a symptom of the war Of class against
class. the rich against the poor That
statement ia false" and leaping forward
ntNtN INV o'o S'J
berg is dead and the manhood OF Idaho
wants 10 know"
So it was to-day that the blood Of every
man who heard him leaped within his veins
when he cried: Watch these five men.
Haywood. Meyer. Pettibone, Simpkins and
Orchard In a little over thirty days Frank
Steunenberg is going to die Watch the
movements OF these men. one of whom
has since confessed. a second Of whom
il to-day a fugitive from justice and a third
of whom in down Rtalra in lall this mOmQnf
and afraid to testify
Senat Borah's peroration came sud
denly, a full hour before it was anticipated.
His voice had been powerful. Now it fell
with startling effect until il was scarcely
more than a murmur. The heat was ter
rife, the court W to suhoca-
ton with people who had stood in line
for hours to make sure OF their seats. The
prosecutor was plainly exhausted almost
10 the point Of prostitution, but his last
words 10 the jury came clearly and solemnly.
as he said:
Gentlemen. you will never again oc-
cupy a position so important in all it's bear
ings as the onelyou occupy tonight.
In the name and for the sake OF the
manhood and the ~womanhood OF this State
] know you will do your duty without fear
or favor. For after all the pictures Of
this great trial have faded into oblivion
the thing that will remain with us all is
that monitor Of the soul that will ask were
w nav ehhAAho So N"~ o.
of your great duty.
You have listened to the eloquence OF
counsel for the defence and have been
moved by il az I have been. but after the
spell that they had woven upon me passed
away there came to my memory another
scene. There came to me the memory OF
that awful night of December 20, 1905. |
recalled that winter night. whose hill /
faced to look upon the blood OF my friend.
thas stained the white, white snow. l saw
non murder-a thousand times worse than
that. l saw anarchy raising its blood red
hand for the first time in Idaho since my
dead friend struck il down, and l remember
that picture tonight and l therefore fully
believe il to bs q superfuous function
when | call upon you TO do equal Justice be-
tween the State Of Idaho and this defendant,
William ID. Haywood
Frank acknowledgment OF the ad-
ni-able temper Of the argument OF Senator
Borah ia made by the defence.
Were I writing for any newspaper a
description of Senator Borah's argument
would say IL was the fairest and most
decent as we'll as one OF the ablest ever made
bv a prosecutor in a great case, said
Clarence Dsrrow o-nigh
The Senator was not only respectful
toward HAYWOOD and considerate OF OPP
posing counsel but he argued the evidence.
There was much that he could have argued
and have been within his rights. but he hon.
orably held himself down to the sworn testi-
mony. He made me feel ashamed Of my
self for my attack on Jim Hawley."
There is no talk in Boise tonight save
Of this tremendous speech and the effect
il may have upon the jury. II is admitted
upon all sides that this effect is hound TO
bc strong. Even Haywood's attorneys
! admit that il was one OF the most powerful
! addresses ever delivered in an American
court room and they are obviously fearful
OF its effect. though Of course they will not
saw so.
II is no secret that they do not expect
an acquittal. The most they claim is
that the jury will be somewhere nearly
divided The general notion In thai there
NAV be one or two men who will stick
ont against conviction and whose attitude
may cause a compromise verdict or hang
the Jury instead Of Haywood.
did a conspiracy exist between these
defendants to commit crime and to do
violence to those whom they believed TO
he inimical to them and TO their purposes?"
was the question Borah first asked the
Jury when he got to his feet this morning.
In answering this question he began with
the ~Steunenberg murder and travelled back
upon the trail OF Harry Orchard. He said:
Now. IL there is one thing that is admitted
i'm this case by all persons concerned H. In that