TIIE MORXIXG OREG0XIAX, THURSDAY, JULY So, 1907.
DARRQW
OS
SCORCH GWQRDS
Heaps Curses on Rich
and Constitution.
CALLS ORCHARD VILE THING
If Orchard Has Religion, He
Wants None of It.
ATTEMPT TO KILL UNIONS
Haywood's Lawyer Occupied Day
With Torrent of Invective Against
Orchard, Hawley, Steunen
berg and the Mineowners.
BOISB, Idaho, July 24. The career of
Frank Steunenberg, the murdered ex-Governor
of Idaho, wu discussed at some
length by Clarence Darrow this evening
In the course of his plea In behalf of
William D. Haywood. Justifying the ar
ticles published In the Miners' Magazine,
.the official organ of the Western Federa
tion of Miners, the Chicago lawyer said
the action of Steunenberg in asking for
United States troops to quell riot and the
establishment of martial law In 1899 was
unjustifiable and had properly stirred up
Immense feeling in labor circles against
the Governor
Mr. Darrow's argument, unfinished to
night, developed into an appeal for labor
as against capital, and a denunciation
of all opposed to the unions. He held an
audience startled and open-mouthed as
one after another the sentiments poured
from his lips: His attack on Orchard was
expected, and in this respect he fulfilled
and surpassed the limit of sensation.
Three hours were given to Orchard, and
!t was only when vituperation, physical
force and words were spent that Mr. Dar
row turned to James H. Hawley. the lead
ing counsel for the state, and the Pinker
ton detectives for something on which to
pour the lesser volume of abuse.
Curse the Constitution.
The State of Idaho came In for a large
share of Mr. Darrow's denunciation for
the part It has played in the prosecution.
Culture, education and wealth each in
turn were described as constituting a
combination against which the working
men, the uneducated and the poor must
ever be opposed. Mr. Darrow sneered at
the universities as purveyors of culture.
"And what is a cultured man," he cried,
"but a cruel tyrant always?"
Reaching the climax of his denunciation
in sympathy for the working class and
hatred for the rich, he assailed the Con
stitution of the country, and cried:
"The Constitution! The Constitution!
It is here only to destroy the laws made
for the benefit of the poor." 0
Virtues of Labor Unions.
Mr. Darrow's defense of labor unions
and of union men was passionate and his
eulogy of the Western Federation elo
quent. Lovingly he touched on the beauty
of self-sacrifice found in the "struggle for
humanity where only the workingman is
found," and then, with the bitterest sar
casm, his voice pitched to Its highest note
and arms upraised, he heaped abuse upon
the selfish rich and upon the adminis
tration of the State of Idaho.
Appeal Against Prejudice.
in opening Mr. Darrow' impressed
the Importance of the ease upon the 12
men In the box and declared the defend
ant is In Idaho as an alien, brought 1500
miles from home Into a community and
before a Jury which does not view life or
Industry as the men accused ,of the mur
der of ex-Governor Steunenberg have
been taught to look at it.
"You men for more than' a year past
have had your minds poisoned by lies In
the local newspapers, and now that you
have sat here for more than two months
and have heard the testimony you know
you have been fed upon poison and lies.
I-ay aside as much as you can of this
poisonous stuff; try to get your minds free
and be guided only, by the evidence.
"The prosecution In this case knows it
cannot convict on the exact evidence, but
It relies upon the strained, forced circum
stances to get .a verdict from you. This
defendant was taken by force from his
home, brought 1500 miles and set down
before a hostile Jury to be tried for his
life.
Wants Xo Compromise Verdict.
"Imagine yourselves, men, taken from
your farms and set down before a Jury
In Chicago to be tried for your lives and
then you can in some way feel as this
man does in this case. I believe that un
der the circumstances you will hesitate to
act on the rotten testimony given in this
case to take away the life of a fellow
citizen. "But some of you will say perhaps that,
while there i not enough to warrant
rending a man to death, there is perhaps
enough evidence as to crimes having been
committed in the Western country to
voto to put 'Bill' Haywood In jail to
compromise on & verdict for manslaugh
ter or murder In the second degree. Tou
have that right, gentlemen of the Jury,
but I want to say that whatever else you
sre I do not believe you are cowards.
And I want to say that whatever else
"Bill' Haywood may be, he Is not a
coward. I would not thank this Jury if
it returned a verdict of assault and bat
tery and assessed a fine of J5 against this
defendant.
"This murder was cold-blooded, deliber
ate and cowardly In the extreme If this
man silting in his office in Denver, 1500
milts away, employed an assassin to do
this cowardly act. then you ought to hang
him by the neck until he is dead. For
God's .sake, men,- do not compromise. If
you believe the story that has been told
against this man beyond all reasonable
doubt, then take him and hang him. He
has fought many a fight against the per
secutors who are hounding him into this
court. He has fought them on the open
battlefield and he is not a coward. If he
hag to die. he will die as he lived, with
his face to the foe. "Bill" Haywood Is
either innocent or guilty. If he be guilty,
I have nothing to say. But, men, this case
is a case of Orchard from beginning to
end. There Is nothing at all left in the
evidence without hit."
Blttr Attack on Hawley.
Mr. Darrow here launched into
lengthy, bitter, vituperative denunciation
of James H. Hawley, the ' lead
ing counsel for the state. He assailed
him as a hired man. actuated by no other
motive than to get the money -of the
State of Idaho that he might build an
other addition to his house: he denounced
him as "bughouse." and said that he had
been a friend of labor organizations as ha
proclaimed only when they got their casn
to his office first.
"It Is too bad the old man could not
have ended his career before he took this
case and told the fool things he has told
this Jury. What was there in Mr. .Haw
ley's argument but Orchard? According
to his theory, everybody lies, but that
scoundcel may be believed. Mr. Hawley
has got 'Orchardltls.' or 'Orcharditch'
would be a better term." ,
Mr. Darrow dismissed Senator Borah,
associate counsel for the state, with a
few words.
"I don't mean to insinuate," he de
clared, "that Senator Borah is more
honest than Mr. Hawley, but I do believe
he is slicker."
Mr. Darrow said he did not believe
Senator Borah was as overcome with
the truthfulness of Orchard's story as
was Mr. Hawley. ;
"In fact," he went on, "I am inclined
to think that, if Senator Borah believed
Harry Orchard was going to heaven
he'd want to go the other way."
The attorney told the Jurors that if
their verdict showed they believed
Harry Orchard, they would be ashamed
to go home and face their wives, their
sons and their daughters.
Orchard's Story Discredited.
Turning to the discovery of whether
"the butcher had a motive for butch
ering Steunenberg," Mr. Darrow said
there were many witnesses who showed
Orchard was trying to sell his interest
In the Hercules mine up to the time he
was driven, from the Coeur d'Alenes.
There were others who went uncon
tradicted and unimpeached, testifying
as to the threats they had heard Or
chard make against Governor Steunen
berg. "Mr. Hawley would have you believe
that Orchard cannot lie since he got relig
ion. I shall have something to say as to
that religion later on, but what I want to
say now is that if Mr. Hawley hasn't got
religion now he had better go and get It,
If there was any left after Orchard got
his."
Mr. Darrow warned the Jurors that if
they convicted a fellow being upon the
word of an assassin like Orchard a man
caught with his hands dripping in the
blood of his victims they would place a
stain on the state of their nativity and
of their adopted dwelling place.
"It is better." he exclaimed, "that you
should let a thousand guilty men escape,
better that you should let all the crim
inals ever brought to the State of Idaho
go free, than to have it said you took
away the life of a man on such testimony
as has been given to this court."
Xo TrtUh Left-in Him.
Mr. Darrow declared that Orchard
had been so contradicted by witnesses
that there was no truth left In his
story.
"Why," he said, "if George Washing
ton, with all his great reputation for
veracity, had come here as a witness
and had been contradicted as Orchard
has been, the Father of His Country
would have gone out of this courtroom
disgraced and accounted the greatest
Ananias of the age. But if you men
feel you can convict 'BUI' Haywood on
Orchard's testimony, why, go ahead and
do it. I have sat here with you men
for txvo or three months, and I have
tried to read you. I have lain aw'ake
at night thinking of you. There may
be some hideous plan deep down In
your souls I cannot see them but
somehow or another I have never felt
there was any danger of you believ
ing that perjured monster. But If you
do bfclleve him. If I am so mistaken
a that, if you must have the life of
this' man on such testimony as that,
why, gentlemen of the Jury, we will
furnicn you the victim with a glad and
cheerful heart."
"Sneaking, Craven Coward."
Reviewing the crimes confessed by
Orchard, Mr. Darrow said that each one
of them showed the man to be a sneaking,
craven coward who had never taken a
chance that would endanger his miser
able hide. It was logical to believe, he
argued, that Orchard now had turned to
lying to save his neck. He said he had
been promised no Immunity whatever, but
neither Governor Gooding nor Detective
McParland had taken the stand to corro
borate him.
Said Mr. Darrow:
"Is he to get anything, has he' got any
thing for delivering these three enemies
of the Mineowners Association into the
lion's den? He looks fat and sleek and
healthy and In no danger of
sudden death. If he hadn't put
the blame of "is crimes on
Mover. Haywood and Pettlbone. the
grass would bo growing over his grave
these 12 months gone. ' But he must be
saved till 'Bill' Haywood and Mover and
Pettlbone have been sent to the gallows
and theii bodies eaten up by quicklime.
Then there are 40.000 members of the
Western Federation of Miners 40.000
criminals yet to be dealt with to save
Orchard for. So long as there is a neck
to hang, why should we kill Orchard?
Jack Simpkins is yet to be caught, yet. to
be hanged, and Orchard must not be done
away with till Jack is dealt with.
Orchard's Professed Religion.
Mr. Darrow next turned his attention to
"those sickly, slobbering idiots who talk
about Orchard's religion and regenera
tion,'' and declared that before Dean
Hlnks, his religious adviser, had persuad
ed him to lay hi sins on Jesus, "Father"
McParland, the detective, had persuaded
him to lay his crimes on Haywood, Moyer
and Pettlbone.
"It was a slick game of 'shifty Harry,!
this religion dodge, and a part with his
past life. But you might have had more
faith In this man if he had not confessed
to McParland to save, his life before he
confessed to Dean Hinks to save his soul."
As to religion, Mr. Darrow said he ald
not profess to know much about It. He
had endeavored to solve the infinite mys
tery, but he found he could only bow his
head In the presence of It and say, "I do
not know." For those who believed in a
God who numbered the hairs of the head
and noted the sparrows fall, the attorney
declared he had the most profound re
pect. Religion Made Him Depraved.
"But, if Orchard Jias religion, men of
this Jury, I say to you that I never want
It. Before he made his confession Harry
Orchard was bad enough, but It remained
for religion, and I am carefully weighing
my words, to make him totally depraved.
Before he got religion there was soma
spark of humanity, some spark of man
hood left in the creature, hut, since his
conversion there seems to be none. What
show of remorse, of pity, of regret did
this man make as he appeared before you
to tell his awful story?"
Mr. Darrow declared that once be
fore In his life Orchard had been con
verted had become superintendent of
a Sunday school and he could not say
that the second dose would be any
better than- the first.
During his years of crime Orchard had
protected the name of his family from
Infamy and disgrace. It was the one
spark of goodness in his criminal breast.
tDther criminals had shot through the trap
door to dangle at tire end of a rope, but
they kept locked within them the secret
of their family name to protect those
whom they left behind. It remained for
Orchard, after his conversion to reveal
to the world his name, to send back' to
the Horsley family, in Ontario, stories
of his wild career, so that people driving
by the graves of two old Quaker parents
might point to them and say, "There lie
the father and mother of the greatest
monster of modern times."
The attorney also told of the disgrace
which this act had brought upon the
deserted wife and the daughter back in
Canada.
"No man," said Darrow, "I might say
no sane man," declared the attorney,
"can ever think of Harry Orchard with
anything but loathing."
Cannot Kill Federation.
In a burst of oratory, Mr. Darrow
said:
- "You men of the prosecution, you
men of the Mineowners' Association,
you men who are seeking the life of
Haywood not because he is Haywood,
but because he represents a class, don't
be so shortsighted, so foolish, as to
believe that you will strangle the
Western Federation of Miners when
you tie a rope around 'Bill' Haywood's
neck; don't b so blind as to believe
that when you make three fresh new
graves here in Idaho you have
killed the labor movement in this
world. When "Bill" Haywood is gone
millions of other willing hands will
carry on his work to- victory in the
end."
When Mr. Darrow continued his plea in
defense of Haywood at the evening ses
sion of- court, he resumed his arraign
ment of Orchard and McParland. The
attorney begged the pardon of the jury
or dwelling so long upon the character
of Orchard, but he said it was' necessary
in order to point out just what sort of
man it was who was condemning Moyer.
Haywood and Pettlbone, so that the Jury
might determine whether it would be
safe even to whip a dog on such testi
mony as he gave, much less to hang a
human being. Mr. Darrow described Mc
Parland as a lying, deceitful scoundrel
the very life of a detective, he declared
was a living lie. He said:
"This man who has spent his life in
hounding down his fellowman suddenly
turns evangelist and would have you be
lieve that Orchard is miraculously trans
formed into a new man. Orchard tells
you how he talked to him about King
David, St. Paul and 'Kelly, the bum.'
McParland quoted the Scriptures In one
breath and lied In the next."
Steunenberg's Act Denounced.
Passing finally from his tirade upon
Orchard and Mr. McParland, Mr. Darrow
began to discuss some of the evidence in
the case, taking up the troubles in the
Coeur d'Alene district of Idaho in 1899,
when he declared that Governor Steunen
berg sowed the seeds of more strife and
struggle than was 'ever sown by the Gov
ernor of any other state down to the
present time. He said:
There was no Justification Tor it. When
such a course Is taken by a chief executive
of a state, it Is high time that all gorern
ment should be submerged and the only law
be the law of might. There Is no man living
who . can defend It. Doubtless Governor
Steunenberg- felt that what he d!4 wu 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 unions, in all
walks of life, there were those who denounced
and always will denounce the acta of Steun
enberg so long as we pretend to have a gov
ernment of law in these United States.
Defending the articles 'printed In the
Miners' Magazine denouncing Steunen
berg, Mr. Darrow said they were written
by Ed Boyce, the first president of the
Western Federation of Miners a gradu
ate of the smelterB and not of the college,
but an honest man with all that, and a
man who had a right to express his hon
est views of the unwarranted herding of
men in a bull pen, "surrounded by lice,
Pinkerton detectives and o'ther vermin.'"
Contrast of Rich and Poor.
With flaming words, the attorney pic
tured to the Jury the difference between
the owners of the mines and smelters
who rolled up their wealth and bought
.their way into the United States Senate
In the blood of the men who worked for
them, and the miners and smeltermen
who, when their days of usefulness
through age, injury or disability were
over, were thrown out on the scrap heap
,to perish and die. He exclaimed:
"I would -that more honest smeltermen
like Boyce, that more honest blacksmiths
with all their crude command of language
were writing for the newspapers today
and that more newspapermen of the time
were working as blacksmiths."
Mr. Darrow denounced the state's
attorneys for allowing William Dewey,
who testified for the prosecution that
he took part in the mob's attack upon
the Bunker Hill & Sullivan mill, to re
turn to Colorado 'unhindered after con
fessing to murder on the witness
stand. He said, turning to the oppos
ing counsel:
' Lets Idaho Hold the Bag.
Were you asleep, or was your witness lying?
Were you negligent of your duties or were
you trying to deceive this Jury? Are you
honestly In this prosecution or is there here
some damnable conspiracy to pick up the
president and secretary-treasurer of the West
ern Federation of Miners and hang them by
the neck for the pleasure and benefit of the
Mineowners' Association ? There, gentlemen
of the jury, you have the real, strong .iron
hand behind this prosecution. The mineowners
of Colorado are pulling the wires to make
you dance like puppets. They gathered these
officers of the Western Federation of Miners
up and sent them there to be tried and.
hanged, with Idaho to hold the bag. Idaho
has a line privilege In this trial to pay for it.
And you men of this jury will have the pleas
ure of working to pay up the deficiency war
rants which have been issued by the state
to meet the expenses of the prosecution.
Back of this prosecution, too, you will find
General Bulkley Wells, the Adjutant-General
of Colorado, who brought these men here.
There he Is, with his epaulets and bis Har
vard accent, a cruel tyrant with aU Jiu cul
ture, for that la what culture is for to get
rid of all the humanity there is in a man.
Here Mr. Darrow reverted to Or
chard and renewed the versatile de
nunciation which was ever at' his
tongue's end. Among other things, he
termed Orchard scornfully a "cher
ubim" and a "paragon of virtue" since
his conversion.
Struggle for Eight-Hour Law.
When Mr. Darrow, late in the even
ing, finally reached the Colorado labor
troubles, he grew eloquent In his de
nunciation of capital and his defense
of the workingman. He told of the
eight-hour law passed by the Colorado
Legislature in 1899 and the fight
against that law by the owners of the
mines and the smelters. He exclaimed:
They took it to the 8upreme Court, and
of course that court declared it unconsti
tutional. Of course It Is unconstitutional
to pass a law 'taking away from the Gug
genheims tbe right to take 12 hours' work
out ot the hides of their workingmen in
stead of eight. What are constitutions for
except to be used for the rich and to destroy
laws made for the poor. Gold la stronger
than the pen stronger than law. What are
laws for if the rich have to obey them?
I am not here to say to you men that
labor organisations do no wrong; I know
them too well for that. They have often
done wrong r they have often been unjust
and frequently corrupt; but the labor organ
ization has always stood for the poor, for
the weak, for humane laws and for human
life and liberty.
The men struck in Colorado for the eight
hour day, and they got It. Are you, men
of the jury, going to take it away from
them? Mr. Hawley asks you to destroy
the Western Federation of Miners by hang
ing its leaders. Are you going to do it?
Doubtless they have done some brutal things
some criminal things, and some that were,
not wise and some that were not just- Let's
admit it. I know it, and I am not going
to He to you about it I think too much
of you.
Destroy Unions Destroy Liberty.
But. admitting this, would you destroy
the Western Federation of Miners and hand
its 4O,000 men over to deal single-handed
with the Mine Owners' Association, with
the Guggenhelms? If you destroy the labor
unions of this country you destroy liberty
'when you strike the blow, and will leave
the poor to do the bidding of the rich.
I tell you, men. that so long as the em
ployers of labor have the spirit of Roeke
fellerism in their hearts there Is going to
be trouble. Mr. 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.
The troops were called Into Cripple Creek
because old man Stuart was beaten up. I'm
sorry for the old man, but he admits he
was working eight hours a day living off
the fruits of what the union had worked for
and was working when the union was not.
If some Western Federation man had been
beaten up, if they had all been slugged and
beaten. Governor Peabody would never have
called out any troops.
Darling of Colorado.
And when you men of this Jury- think of
old man Stuart, think you also of the
"darling of Colorado," Bulkley Wells, toot
ing around the Back Bay of Boston and
spending his golden plenty. Think of
Bulkley Wells, the man who tied a worker
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BUY
THE
Ladies
Home
Journal for August
THE MIDSUMMER. STORY NUMBER
THELAD1ESH0ME JOURNAL
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bureau scarfs; for, spe- 1 Q,
cial. each X J C
HUCK TOWELS, fine quality, and
in a-pood size; with white or col
ored borders; they are strong, and
the grade is unequaled at lo
this price; special LQC
to a telegraph pole inzero weather because
he was not wringing out of the victim's
carcass all the golden guineas he would like
to spend In Boston or in England. Think
you of Bulkley Wells and the others of his
Ilk other Idlers whose families are
clothed in silk sponged with the life's sac
rifice of workingmen. Think of them, I ten
in
you, and give them some responsibility
the, events of Colorado.
Continuing to the very close of his re
marks for the day to berate and denounce
the prosecution, Mr. Darrow spoke of the
time when they would be "leading: forth
their next victim to the sacrifice." He
ever coupled the prosecution with the
Mineowners' Association, and spoke of the
latter's "carnival of crime and destruc
tion." , The men driven from Colorado to
the four corners of . the world had all
returned to Boise to give the lie to Or
chard, despite the fact that they were
taking their lives in their hands by com
ing within reach "of the iron hand of
the prosecution."
Mr. Darrow had begun a detailed re
view of the evidence in the case as
court adjourned at 9 P. M. until 9 A. M.
tomorrow.