Gilpin observer., 1907-05-30
BAT TTLEOF WORDS
G. A. r. MAN Is CHALLENGED IN
HAYWOOD CASE.
HAD A N0N.UNl0N DAUGHTER
Boise Correspondent Thinks That At
torney Darrow Isn't Doing the
Square Thing in Examining
Jurvnen


Boise, Idaho-His name was Har
mon Cox. He had fought through the
war from beginning to end. His shoul-
ders were stopped with years but his
frame was massive and vigorous and
his mind active. The button Of the
Grand Army of the Republic glinted
on his lapel. He had faced bloody
death on the battlefield many times.
He sat in the back row of the jurors
chairs in the court room, his long gray
beard hanging on his chest like the
sporran of a Highlander's kilt.
The prosecution had passed him for
cause. He was a reasonable man and
just, and he would make a good juror,
but the defense did not want him at
all. There had been a sort of strike
lately in the office of the local tele-
phone company. 1t did not amount to
great deal. The "hello," girls had
gone out. Other girls had taken their
places. The daughter of Harmon Cox,
colder of the Grand Army, was one
of them. Therefore Harmon Cox was
not wanted by the defense.
He had to be got rid of. and Clar>
ence Darrow was to get rid OF him.
The defense had only two peremptory
challenges left. They were priceless,
beyond rubies. So Clarence Darrow
had to prove Harmon Cox so biased
and prejudiced against 'the defendant
Haywood" that he could not sit on the
jury.
Darrow is a very unconventional
person. He has been already permit
ted by the court to do many things
that other men never attempt So he
sat on the counsers table before the
double line Of jurors chairs and
crossed his feet and spun his eye
glasses between his fingers and looked
steadily at Harmon Cox of the Grand
Army, with dull eyes under peculiar
brows. For some discernible minutes
the silence in the court room was
heavy. The shades over the windows
were drawn down. The lights in the
room were dim.
And the lawyer Of the defense COM
menced in low. steady voice to prove
out OF his own mouth that Harmon Cox
of the Grand Army was a liar when
he said that he had no prejudice Of
any kind against the defendant.
And Clarence Darrow failed. He
failed rather lamentably, too. He
asked Harmon Cox question after
question. He made speeches at him,
he suggested things that never were
in the mind Of the juror at all, and
tried to convict him of holding them
and when he found it quite impossible
to prove that Harmon Cox was unfit
for juror he lost his temper, his face
grew gray and damp with sweat; his
voice grew husky. He did not cut any
longer the pathetic and heroic figure
he has been cutting ever since the case
commenced. He came into futile con-
f1ict with the court, and the conflict
bruised him. He came into conflict
with Borah Of the prosecution and Bo-
rah stung him time and time again,
quickly. cleverly, mercilessly.
For a moment Harmon Cox of the
Grand Army was forgotten to watch
the two chief men who will fight this
case in their first grips. And the hon
ors were all Borah's. Cool. collected,
smiling. an untroubled man of the
world. polished, scholarly and alert, he
faced Darrow and met his verbal as
sault and parried it and sidestepped
and slammed in stinging and burning
retorts that maddened Darrow and left
him speechless. 1t was a contest of
civilization against the cave-man, and
civilization won.
II it had been a fight with bare
knuckles or light gloves instead Of a
contest of brains and with and words.
Clarence Darrow of Chicago would
have been counted out" in the first
round. He did not succeed in disquali-
flying Harmon Cox; he lost his self-con-
troll. He came out of the conflict with
Borah a sadly beaten gladiator and all
his brother" counsel" of the defense
turned their backs upon him and stared
angrily at the wall.
II was picturesque and dramatic
episode. and by it one caught vivid
glimpse of the battle that will rage
when this case actually begins.