The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1907-06-22

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has announced the things he would tes-
tify to when he got here, When he gets
here. what does he do? lie tells US that
in Canon city and commenced to re-
model his house and that some one point
ed ed out to him man as Thomas Hogan.
From witness to witness Richardson
passed continuing hi sreview OF their
Sny %ns natbns In 70 Hang
wood with the murder. Taking up the
evidence OF G. NJ. Stuart, VINO testified
eise and denonne ie ons ] IN 1852
| during the troubles In the Occur d'Alenes,
| Richardson said
man In Idaho who are guilty Of the mur-
der OF Steunenberg Ii denunciation OF
SteunenberE made man guilty OF thst
! murder Here was Haywood. whosS
brother swere oppressed and imprisoned.
without trial. and harshly, treated. and
In strong language ne criticised ard and de de-
responsible for the conditions then exist
ing. This, was in 1899. and steunenbers
are we going to accept such language at
such a time as evidence ON whicn 10
| hang this man.
Now, your honor. | have shown YOU
the law and ] have given YOU the FACES
as no the evidence. have presented this
case with all candor.
This case has been discussed from
one end OF this country 10 the other-oy
the newspapers and by all peoPleMuntil
we found extreme difficulty in getting a
jury. 1t seems 10 me that 70 leave thls
case 10 jury from this community Is TO
leave II to passion ara pretnIdios; WheR vi r
here and now. II this were an ordinary
case, / believe no court would be slow 10
&C, along the line Of the motion we , have
as all OF lis are human. | ask your honor
to separate the Judge from the humanity
that controls us all. Here Is the flattestt
roG a
we leave ont the testimony OF Orchard.
the criminal whose testimony shows him nm
ages before, Here is case that has
fallen fiat without Orchard, and all the
testimony falls TO the ground without the
aid OF this foul fiend OF numbering crime,
and this is all Nhe Pinkertons can pro-
duce to us after more than year OF
work ,.,.
to sign up verdict acquitting this de
fendaDt."
Borah Opposes Motion.
Senator Borah, who. In behalf OF the
prosecution, opposed the motion, began
by congratueting Mr. Richardson on
address He then expressed the belief
that the prisoner would receive iair
trial In Boise; Taking up the principles
OF law governing the testimony OF accom-
plces, lie argued that the authorities did
not go so far as the defense contended
in discrediting accomplices. He contend
ed that IL not necessary that the
corroborative evidence should completely
sustain the charge. He said that the
State alleged that there existed general
conspiracy in which the leaders of the
Western Federation OF Miners were the
principals The testimony Of Orchard
could be entirely left out Of consideration
and il would he found that the state
had shown the existence of the con-
spiracy, He contended that having c.
tablished the existence of the conspiracy
and that one participant In the con-
spirscy had gone TO Caldwell, 1t was not
necessary to show that Haywood was at
Caldwell
ut is customary In proving a con-
spiracy," said Boroh. "to show number
Of acts having common purpose or acts,
and we can eliminate Orchard testimony
and show that the State has established
the existence OF the conspiracy by other
proof"
Mr Borah then sketched the earlier
events in the Coeur dAlenes, and de-
clared that the leaders OF the federation
had placed upon Gov. !steunenberg The
brand OF traitor, brand that could only
be wiped out with blood
Mr. Borah then reviewed the part of
Simpklns In the Caldwell crime and
scaathingly denounced his part in u; He
Orchard, was shown an act in the CON
spiracy that began In 1899, when the
Bunker IIiil & Sullivan mill was blown
up.
simpkins's Part in Conspiracy.
Here" he said. 'is this man Simpkins,
is found in company With Orcherd at
Caldwell, who Is sleu,hlng the Governor
Of this STATE Who had ,gGo giTen ofsnse tho to
Bunker Hull s. sullivan mill was blown
up. and who, under his oath as Governor.
protectea the property,i We ,,f,n1 ind ,his ,his
doomed Governor. We find him watch
ins the Governors home; and then we
ind him sleeptng with this Grim criminal. , Pr Or
to his belt, is waiting for another victim.
Then we find him getting out Of town
TO save himself That's not Orchards
sorah referred to the circumstances
under which Orchards associates IN Den
yer had known him as Thomas Hogan
al Caldwell. and asked II this was the
guise OF innocence. Ge declared that
Haywood was bound by the acts of all
his co -conspirators
and accounting for the attempt on Brad
ley. who was manager OF the Bunker Hi!l
& Sullivan mine. on grounds parallel with
the murder Of Steunenberg, Senator Bo-
rah said:
Take what path you will. and follow
which trail you Will 1t leads always back
IN San Francisco we e, n3d ID that Or. D..
whom we contend Is a men1esT Of This
chard nor as Thomas Hogan. but as Jack
Dempsey and Harry Green. Why This
money was sent to him by Pett!bone. who
Senator Borah said that every person
on the platform Of Independence station
was an enemy OF the Western Federation
OF Miners. Every man was marked as
victim by the conspiracy.
Passing to the incident Of the Stearns
letters. ne declared that Pettibone gave
Orchard letter under false name at
time when he was going TO Canon City
TO KIN Gov. Peabody.
Senator Borah contended that the let
ter written by Haywood TO Mrs, Orchard
telling her that her husband was in
Alaska when he was really In pursuit Of
Gov. Peabody and Gov, Steunenherg, was
n circumstance independent Of Orchards
testimony that connected Haywood with
the crime. He declared that when Hay
wood wrote the letter Orchard was at
Caldwell with Simpklns, one Of the lead
ers OF thE Western Federation OF Miners
planting a bomb for Steunenberg.
Darrow Closes for Defense.
Clarence Darrow followed Senator Bo-
rah. He announced that he had little 10
add TO what his associate had already so
eloquently and ably presented
At the commencement he laid down the
same general proposition that the direct