The Washington herald., 1907-06-23
DEFENSE LAYS PLANS
HaywOod's Lawyers Search
for BOrah'S Intention.
FEAR YOUNG ATTORNEY
Look for Evidence TO BE Submitted
After Miners Counsel Closes Case.
Jury viii Have to Consider Fact
that There Have Been No Crimes
Like Orchards Since Arrest.

Boise, Idaho, June 22-"O~chard, Or
chard, only Orchard, self-confessed multi
murderer, whose word the statutes SAYS
must not be relied upon by jury in
reaching a verdict upon this case" was
the song Of the attorneys for the defense
when they tried for several hours 10 get
Judge Wood to advise the jury to return
a verdict for the acquittal OF William ID.
Haywood without waiting Y hear any
witnesses for the defense.
1t was apparent before a word on this
subject was uttered that the effort would
be entirely futile, and before the after
moons talk was over il became plain that
the chief object was to sting the attorneys
for the State into a definite reply. 50 as
% give HaywooIs people a line on the
argument that will be made by Senator
Borah just before the case is committed
10 the jurys keeping.
It was one great fishing excursion. But
the bait was not sufficiently attractive 20
result in "a large catch. and those two en-
thusiastic Isaak Waltons. Mcssrs. Rich
ardson and Darrow, went home with bas-
kets nearly empty
With the states case nominaIly all in.
It is perhaps fair 70 pat its principal
pieces together in an effort TO see what
the whole looks Ike before the defense
begins 20 try TO pull il apart again. This
attempt the defense is expected to occupy
Two weeks or more in undertaking.
BOrah To Argue.
But it must never for n moment be for
gotten that when they are through. the
State will possibly offer some Of IT'S most
important testimony in rebuttal. aad that
after that and last Of all the game. Sen
ator B0rah viii, in his final address to
the jury. reconstruct the entire case from
the viewpoint Of the prosecution. For
such au effort there is possibly no man in
this country more dt
lu this neck # the woods Borah. young
as he is. has Fl famous reputation as a
prosecutor, and the more one sees him
work che easier il becomes 10 understand
t.Is reputation. In an argument before a
jury ho is az hts best. In this way he is
as much Of "a hypnotist as Jerome and the
sense cI personal power and intellectual
Wgur conveyed hy the quality of his
speech Is lndescr.bable
No Crimes since Arrest.
I'm the FIRST place. il must not be over
looked that certain facts that are not in
evidence, but which cannot for 90 In
slant be forgotten by this Haywood jury.
are such as TO prcdispose them TO credit
the story told 10y Orchard and c1-ro3-
GRATED .n many details 10y otler witnesses
The one overwhelming fact is that since
tho arrest of Haywood. M0ycr. and Petit
bone not single crime Of violence OF the
character of those for which they are be-
ing tried has occurred, Everything has
been as peaceful as a summer SUNDAY
afternoon ln an the great districts in
which the Western Federation Of Miners
holds SWAY
Again. nearly all the men who suffered
death 1r vi.lence in mysterious wavs
through q series OF years in the districts
where the Federation had power were
widely known 70 Do Teckoned as strenu-
oHs opponents of the Federation. while
many more in the same category were
constantly receiving threatening letters.