Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-07-19

not De nelu WnOlly responsible 10
them. They were on the payroll o
the Pinkertons, these miserable agents
who made incendiary speeches; ar
we going to convict "Bilr' Haywood TO
these vermin who have even evadet
this court house and tried to get upon
the witness stand as our witnesses?
we did not want to get into all thes'
details but the state was allowed to place
before the jury every isolated circum-
stance, every bit of testimony that could
in any way tend to corrobOrate any state
ment of Harry Orchard. Are they to be
allowed to show every fact which connect
these defendants with any responsibility,
and we to be denied the right to present
contradictory facts in order that the
jury may determine for itself who was
guilty and who responsibility? Let the
l. men weigh the evidence. We shall rest
content" When Mr.. Darrow concluded.
recess was taken until 1.3O P. NJ.
When Senator Borah began his address
in reply to Mr.. Darrow he said that coun-
sci for the defence in his opening address
to the Jury claimed that a conspiracy ex-
listed between the Pinkerton detectives
the Mine Owners Association and the
Citizens Alliance to drive the Western
Federation of Miners out of Colorado,
and that many of the crimes charged to
the Western Federation of Miners were
in fact committed as incidents of conspi-
racy to get rid Of the union miners.
''Ent when we come to sift the matter
out" continued Senator Borah, 'what do
we find? That the conspiracy had not
been to do what the indicator explo-
sion in which Beck and Mccormick We're
killed. This was an accident. The con-
spiracy had nothing to do with the at
tempt on Bradley. That was a gas ex-
ploSion The conspiracy had nothing to
DO with the death of Steunenberg. That
was the personal revenge of Harry Or
chard. The conspiracy had nothing to do
with the death of Lyle Gregory. That
was the result of personal differences
The conspiracy had nothing to do with
the attempts on Justice Gabbert and Gov.
Peabody. They were the results of per-
sonal feeling.
Suppose we admit for the sake of ar
gument that a conspiracy existed, al
though that fact has not been shown
here by any competent evidence under
any rule of law. 1 am not going to argue
this case on the lines laid down by Mr..
barrow, that they have not the right to
prove a counter conspiracy-I am not GO
ing to oppose the principle that they have
n right to prove it-but what I contend is
that they have not proved it. Let them
put some members of the conspiracy on
the stand and prove that the conspiracy
Is responsible for the crimes complained
OF. Testimony as to a conspiracy must
come at first hand and cannot be accent
ed from third party who knows only
ny hearsay.' After quoting at some
length from authorities on conspiracy
law. Senator Borah continued:
Let us admit for the sake Of arcu-
ment that n. c. Sterling was the men,
Der of conspiracy. What has the de-
fence shown as to his connection with the
Independence derot affair? That Orchard
was seen to go to his rooms; that after
the explosion Sterling was said to have
called the dogs off the track because he
knew who committed the crime: that Il
was Steve Adams. There is nothing to
show what Orchard and Sterling talked
about. All we have is the statement of
third party that he heard Sterling make
declaration that he knew who commit
ted the crime. There is no threat, no
confession. no admission Of having COM
mitted n crime"
AS TO the probability that the blood
mounds were called off by Sterling were
on orchards trail. Senator Borah said
thar Orchard mounted a horse about a
mule from the depot.
me dog seemed to overlook this fact"
sai9 Inc senator. "for he was eight miles
IRON, the scene when called off"
ket the jury say as to what they no.
nee as to the dogs interrunted Attor-
new Richardson.
'oh. no." said. Borah. ct am ,~o;rr 70
have something to saw ne 70 tbot r;.t,.
now There was a time when the testi.
nohy or bioodhounds was acceptable, but
that was before Atra ham Lincoln signed
the Declaration of Independence.
The senator was interrupted by a neal
or laughter in the crowded court room
Evidently intent upon his argument. he
did not see the mistake for some mo-
ments. Then he hvghed. too. -
Il should have said the proclamation of
he explained: but all the
same 1t was declaration of independence
to some oo,O0o.OOo people"
With regard to the Pinkertons' connec-
ton with the case. Senator Borah said
there was absolutely nothing in the testi-
mony of the witness Friedman or in the
documents he stole from the archives,
from the Pinkertons' office. to connect
the detectives with any Of the crimes
under investigation. Friedman admitted
that the Mine Owners Association was
not client of the Pinkertons Some in
rividual mine owners were clients, but
that was all.
The defence makes much of the fact
hat Pinkerton Operative Riddle wenr
down to Telluride and Joined the union
and talked anarchy. He did not go there
until Arthur Collins had been killed and
wo men had disappeared. and the more
ne talked anarchy the higher he climbed
n the union. Riddle talked because he
believed in doing what the Romans do.
But where is there one bit of evidence to
show that Riddle was connected in any
way with any crime hereunder given. or
my crime whatsoever" Senator Borah