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than whether the defendant was con
nected with the event at Caldwell.
If he was, then it was our law which
was violated. If he was, it was our
citizen who was murdered. If he was.
it was in our jurisdction that he
raised the red hand, and it is proper
that he should be here in answer to
an Idaho jury. And you know, as
well as I do, that, while he is a
stranger to you his life and his l:b
--erty are just as safe in your hands
as they would be with any jury in
Colorado.
‘‘Bill Haywood is in no more dan
ger of b ing convicted in Idaho, un
less the evidence shows him fully
guilty beyond a reasonable doubt,
than he would be in Colorado. The
court, the attorneys for the state,
and everybody connected with this
case have extended to Mr. Haywood
every right, every privilege, every
courtesy known to the law as the
right of the defendant. Haywood
and Moyer on rhe witness stand were
allowed to tell all they wanted to
tell, in violation of all the laws of
evidence, and without a single ob
jection from myself or my asso
ciates. ’ ’
Senator Borah scathingly arraign
ed the defense for not putting Steve
Adams on the stand. Adams, the
associate of Harry Orchard, could,
if anybody could, prove that Or
chard was telling the truth, espe
cially about the Independence Sta
tion affair.
Senator Borah’s peroration wa«
delivered in quiet, almost pleading
tones, in strong contrast to the
harsher voice in which he spoke of
Darrow’s argument of justification.
“As I listened to the eloquent
voice of counsel pleading for their
client there came to me the memory
of another scene and another time.
I remembered again that night in
dark December in 1905, a night that
added ten years to the lives of som?
now here in this room. I felt again
the ice chill and felt the defiling
sleet, and stood again beside the
body of my dead friend whose life
blood stained the snow.
“I felt again the disgrace that
had come to Idaho. 1 saw the mur
dered man that meant more than
murder, for it meant the first blow
that anarchy had aimed at my state;
and on that night I said to myself,
can time unteach the lesson of this
hour?”
After Senator Borah finished,
Judge Wood read his charge to the
jury. His instructions required just
an hour, and at the end c-f that time
the twelve jurymen filed from the
room in custody of Sheriff “Shad”
Hodgins.
Judge Wood in his charge gave the
jury the choice of five verdicts, as
follows •
Murder in the first degree, with a
penalty of death; murder in the sec
ond degree, with a penalty of ten
years to life imprisonment; volun
tary man-slaughter, one to ten years;
involuntary man-slaughter, with a
penalty of one to ten years, and not
guilty.
After the customary instruction as
to the general duties of the jurors
as to the law and evidence, Judge
Wood instructed the jurors in accord
ance with the ruling made some day**
ago, after argument by counsel as to
the admissibility of the evidence
bearing on the connection of Steve
WATSON’S WEEKLY JEFFERSONIAN.
Adams with crimes committed in
northern Idaho. This evidence. and
also that introduced by the defense
regarding deportations in CoWad >
end the employment of Pinkerton de
tectives by the mine owners, Judg*
Wood instructed the jury not to con
sider on the ground that no prior
connection had been made in either
case.
Instructions as to the necessity f >r
clear and conclusive proof bevord
any reasonable doubt of every ma
terial fact were followed by the
quoting of the indictment on wife''
Haywood, together with Moyer and
Pettibone, was airested. On tlr’s
subject Judge Wood said:
There are three counts in the in
dictment, but the substance of each
of them is the unlawful, wilful, d -
liberate, permeated and felonious
killing of the said Frank Steunen
berg with malice aforethought. The
essential elements of the • offense
charged in the indictment consist of
the following features:
“(1) There must have been a kill
ing; (2) that killing must have been
unlawful; (3) it must have been wil
ful; (4) it must have been deliberat
ed upon; (5) it must have been pre
meditated; (6) it must have been ac
companied by malice in the mind of
the person or persons doing the kill
ing, and unless these features, and
each and every one of them, are
proven to your satisfaction beyond a
leasonable doubt, then the defendant
cannot in any event be convicted of
murder in the first degree.”
The language of the statute was
given as to murder in the first and
second degree and voluntary and in
voluntary man-slaughter.
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One thousand Japanese are report
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Texas as soon as war is declared.
Not a large force, to be sure, but if
they tackle the Texas cucumbers,
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The whooping-cough party is the
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burg. It ought to be especially pop
ular in church circles, where invited
guests are expected to cough up lib
erally.
So many aeronauts are having
thrilling escapes every day that reck
less automobilists are rapidly reach
ing that stage in their careers when
they receive no more notice than a
man who falls off a beer wagon.
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These are the days when it is
simply impossible to keep a good
thermometer down. Washington
Post.
That man who called at Oyster
Bay and claimed to be the devil may
have merely wanted to ask the pres
ident if it is hot enough for him.
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