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PAGE TWELVE
Haylvood "Not Guilty.”
In the brilliant sunlight of a beau
tiful Sabbath morning, William D.
Haywood, secretary and treasurer of
the Western Federation of Miners,
walked forth a free man, acquitted
of the charge of murdering former
Governor Frank Steunenberg. Dur
ing the past week the legal giants
on both sides, summed up the evi
dence for the jury, Clarence Dar
row, for the defense, and Senator
Borah for the state. E. F. Richard
son, the Denver attorney, was the
first to begin his argument for the
defense. He summed up his remarks
under the following heads:
“First —The law is applied to Or
chard and this defendant.
“Second —History of the organiza
tion and object of the Western Fed
eration of Miners.
“Third —Description of the condi
tions prevailing in the mining camp
at the time it is asserted a general
conspiracy existed which involved the
entire federation.
“Fourth —I shall discuss the series
of events .relied on by the state to
prove a conspiracy against the de
fendants, Haywood, Moyer and Petti
bone.
“Fisth —I will take up the crime
for which the defendant is actually
on trial and analyze the evidence
which we have which in any way
tends to connect him with it.
“Sixth—l will consider Mr. Or
chard when first arrested.
“Seventh —I will consider Mr. Or
chard in the penitentiary and his
sudden conversion by a detective..
“Eighth—The impeachment of Or
chard will be discussed.
“Ninth —Treatment of Moyer and
Havwood in Denver and manner of
bringing them from Colorado to
Idaho.
Witnesses Who Were Not Heard.
“Tenth —Why certain witnesses
for the state were not placed upon
the stand and. why certain witnesses
for the defense were not placed upon
the stand.
“Eleventh —The whole case will be
rapidly summed up and then my duty
to assist you in arriving at a ver
dict.”
Clarence S. Darrow followed Rich
ardson. Darrow is somewhat of a So
cialist, and made a moving appeal to
the jury for the acquittal of Hay
wood. Frequently he was carried
away by his subject, tears rolling
down his cheeks and his voice fall
ing to a sob. From pathos Darrow
leaped to irony and sarcasm. Dar
row charged the jury not to spare
Haywood’s life because they could
not fully believe Orchard and then
find him guilty of a crime which
would mean imprisonment.
“This murder was cold and de
liberate, and if this man employed
this assassin to do the work, then,
for God’s sake, hang him. Don’t
compromise. If he is to die he will
die as he has lived, without fear.”
Darrow summed up the evidence of
a dozen witnesses who gave the lie
to Orchard, and then asked the jury
if it would take the testimony of a
cowardly, lying murderer against the
word of people of good character.
“I sometimes think I am dream
ing,’’ said Darrow. “When a man
in this broad, free country can he
placed on trial and his life demanded
WATSON’S WEEKLY JEFFERSONIAN.
upon the testimony of Harry Or
chard, for God’s sake what kind of
honesty exists in the state of Idaho
that sane men should ask it?
“Who is this fellow that you gen
tlemen are asked to shift his crime
to Haywood! He is unique in his
tory. If he is not the greatest mur
derer who ever lived he is the big
gest liar. He was a cheat and a
liar in his youth, though he says he
was first converted at that time. I
don’t know whether his second con
version is more lasting than his first.
He was a superintendent of a Sunday
school, but that did not help him.
If I was the governor, I would kill
him quick now, before he had a
chance to get over it. That might
make sure of his soul. I don’t think
Harry ought to trust himself.
“He may be the most religious man
who ever lived, but —I am sorry to
say it, but it is true —you can’t al
wavs trust religious men. They have
killed and lied now and then. Has
he got religion? He was captured
red-handed. You know that he would
kill two men for SSO. Don’t you be
lieve he would kill three men to save
his own miserable neck? He said
they have promised him nothing.
Whv, he is already paid. He is fat
and sleek and healthy, and if he
had not shifted his crimes to the
three men the grass would have been
growing over his grave a year ago.
As long as he is doing this service
to the state who would think of kill
ing Harry Orchard?
“I want to say a word to the sick-
Iv, slobbering idiots who talk abour
Harry Orchard’s religion. It was at
least a month after he shifted his
crimes to Haywood that he thought
of religion. Before throwing his soul
to Je«us he dumped his crimes on
Haywood. I have the greatest re
spect for any religion or code of
ethics that helps men do better, but
it requires years of struggle to make
a new man or transfer a soul.
“The crooked brain and dwarfed
soul of Orchard were not transform
ed in a minute.
“You people who would cure
hatred with hate are short-sighted.
You mine-owners who think you car
crush out the feelings and hopes and
aspirations of men by tying a noose
around Haywood’s neck, don’t be so
foolish as to believe that you can
strangle a labor movement by mak
ing three fresh graves.”
Darrow then paid his respects to
McParland, whom he characterized
as a Iving. deceitful scoundrel.
Touching the troubles in the Coeur
D’Alenes in 1596, Darrow declared
that G< v. Steunenberg there sowed
the seeds of more strife and strug
gle than was ever sown by the gov
ernor of any state down to the pres
ent time.
“Doubtless Gov. Steunenberg felt
that what he did was the only thing
he could do; I am not here to discuss
him, or his motives, but I know that
both inside and outside of labor un
ions, in all walks of life, there were
those who denounced and always de
nounce the acts of Steunenberg so
long as we pretend to have a govern
ment by law.”
Defending the articles printed in
the Miners’ Magazine denouncing
Steunenberg, Darrow said they were
written by Edward Boyce, the first
president of the Western Federation
of Miners, a graduate of the smelters
and not of the colleges, but an honest
man for all that; and added: “1
would that more honest smelter men
like Boyce were writing for the news
papers today, and that more news
paper men of the time were working
as blacksmiths.”
Turning to the prosecuting counsel,
Darrow demanded:
“Are you honest in this prosecu
tion? Or is there some damnable
conspiracy to pick out the president
of the Western Federation of Miners
and the secretary and treasurer of
the Federation and hang them
the neck for the pleasure and bene
fit of the Mine Owners’ Association?
There, gentlemen of the jury, we
have the real, strong, iron hand be
hind the prosecution. Back of it,
too, you will find Gen. Bulkley Wells,
the adjutant-general of Colorado,
who brought these men here. There
he is, with epaulets and his Harvard
accent, a cruel tyrant with all his
culture, for that is what culture is
for, to get rid of the humanity there
is in man.
“I tell you, men, that so long as
the employers of labor have the
spirit of Rockefellerism in their
hearts there is going to be trouble.
Hawley says the Western Federation
of Miners has made trouble. It has,
and I am glad of it; for when we
cease to cause trouble we become
slaves. ’ ’
After speaking eleven hours and
a half Darrow finished and Senator
William T. Borah, for the state, be
gan his argument. Senator Borah
started off with a gentle rebuke to
Darrow for the attack he made upon
the motives of the prosecutors in
the case. Immediately thereafter he
sounded his keynote with unmistaka
ble clearness, when he declared that
no graver duty could possibly rest
upon the state than that of protect-
; ng the lives, the liberty and the
property of its citizens. This task
the prosecution thought they were
trying to discharge. Continuing, he
said:
“It ought to be sufficient to attack
the argument of a lawyer, but coun
sel for the defense has seen fit to
make a personal attack containing
in imations of corruption. For what
reasons I know not, but there seems
to be running through this case an
attack upon the motives of everv
bodv, high and low, who has had
anything to do with the work of
trying to bring to justice the perpe
trator of the crime of December 30.
1905. I leave it to you to determine
the reason for these attacks. I shall
be content, therefore, to call your
attention to the evidence in this
case, relying upon that alone and md
upon the eloquence so plentifully
possessed by the defense, but which
the state must do without.
“Now, gentlemen, if there is any
thing well established it is that in
the mountain country some twenty
odd crimes of violence have been
committed and not a single soul has
been whipped by justice for those
offene's. This is a state of affairs
that must be ended.
“We don’t want Haywood punish
ed for another’s crime, if he was
not a conspirator. Much has been
said here about this defendant com
ing here before a jury taken from
a community mentally poisoned—
‘anything for the blood of Hay-
wood,’ as counsel for the defense
said. Have you heard any cries for
Haywood’s blood in Boise? Do you
know of any poison in your hearts?
“You have sworn that your minds
are free from malice. There is not
anybody who doubts it. There is no
one but believes that if Haywood
goes back to Denver or is punished
for this crime it will be in either
case because a fair, impartial jury
has sat upon the case, and it is to
our community’s credit that, despite
the fact that even though our state’s
fair favor has been impugned, it
has gone at this trial so soberly, so
fairly and so calmly.
“Now, gentlemen, we are not here
fighting organized labor. This is
merely a trial for murder. Frank
Steunenberg has been murdered. A
foul crime has been committed and
the manhood of Idaho wants to know
who did it. Does this mean a fight
on organized labor, industrial war,
class against class, the poor against
the rich?”
Borah’s powerful argument was
based on the assumption that the
coi roborative circumstances and the
established facts in Orchard’s story
demonstrated emphatically the guilt
of Haywood. He divided his plea un
der four heads:
“Did conspiracy to commit crimes
exist in the Western Federation of
Miners?”
“Was Haywood wilfully a member
of such a conspiracy?”
“Is Harry Orchard telling the
truth?”
“Is there sufficient evidence out
side of Orchard to convict Hay
wood ? ’ ’
He argued all in the affirmative.
Industrial War and Murder.
“Orchard,” said he, “the cow
ardly killer of men was directed and
controlled by the Federation. He
made many expeditions from Denver,
but it was noticeable that whenever
he landed he hit an enemy of the
Federation.”
Mr. Borah read several articles
from the Miners’ Magazine bitterly
denouncing Steunenberg.
“There is much talk here and in
the argument of counsel about an
industrial war.” He said, “There is
an industrial war, but it is for you
men to determine whether industrial
warfare shall be carried out on the
principle of murder.
“I hardly need to tell you sensible
men,” declared the pleader, “that
Pinkerton detectives had nothing to
do with the assassination of Frank
Steunenberg. That is one of the
most absurd of the many things
brought into this case by the learned
counsel of the defense.
“When Orchard left Denver to
kill Steunenberg,” said he, “it was
from Pettibone’s house that he came.
He had been living there a month.
He had been associating with Hay
wood. He says Pettibone helped him
pack the Peabory bomb and gave
him a sawed-off shotgun. He left
with all the instruments of murder.
Pettibone is here in jail and did not
take the stand and deny this, which
itself is strong corroboration.”
As to the alleged kidnapping of
the defendants from Colorado to
Idaho, he said:
“If these men were not legally
here they would not be here. You
gentlemen are not concerned with how
they got here or any other question