Gentlemen, I want to say that we are not here to ask for anything except exact justice. We are not here to ask for conviction at your hands of anyone whom we do not fully believe to be guilty . . . .
The days pass and the Christmas season comes with all its thoughts--of peace and good will--the season when men live with their families, when people of the Christian faith rejoice, and if there is ever a time when all thought of fear should be laid aside then is the time. That is the season when love for mankind should rule, and exist if at all. That is the season when men should most feel safe from harm. Just as the old year was fading--just as the new year was about to make its appearance--when all seems safe and peaceful, Orchard lays his bomb in front of Steunenberg's gate, and that night as the governor hastens home through the dusk to his family, in his mind the happy thoughts of the loving greeting in store for him, he is sent to face his God with out a moment's warning and within the sight of his wife and children. . . .
ON WHY ORCHARD CONFESSED
I'll tell you what I believe it was: it was the saving power of divine grace working upon his soul and through him to bring to justice one of the worst criminal bands that ever operated in this country. Orchard's faith is now in God. He is a Christian. . . . Orchard told you with tears in his eyes, with voice hushed, that he told his story because he knew it was a duty he owed God, himself and humanity. . . .
ON HAYWOOD'S GUILT
I'll tell you this, gentlemen: If Orchard had killed anybody else besides Steunenberg or some man who had not acted contrary to the interests of the Western Federation of Miners--had not gained their enmity--you wouldn't have found Moyer and Haywood putting up any $1,500 or 15 cents for his defense. That money was not to defend Orchard. It was not put up to protect him so much as it was put up to protect their own necks. . . . .
Gentlemen, it is time that this stench in the nostrils of all decent persons in the West is buried. It is time to forever put an end to this high handed method of wholesale crime. It is the time when Idaho should show the world that within her borders no crime can be committed and that those who come within her borders must observe the law.
JUST A MURDER TRIAL
We are not fighting organized labor. We are not fighting the weak and the poor. . . . It is simply a trial for murder. . . . If I were fighting the case of labor, I would not seek to engender hatred and ill-will, faction against faction, or class against class. I would not inveigh against law; I would not inveigh against society; I would not inveigh against every man who owns his home or his farm; I would not inveigh against Christianity, because without those things the laboring man goes down into slavery and the dirt.
ON HAYWOOD'S GUILT
Watch these five men! In a little over thirty days Frank Steunenberg is going to die. What are their actions? They are going to and fro, their association, their connection--you will find out whether there is evidence here or not to show a conspiracy. . . . Watch them! ....Why? Why? Always back to Denver? Unless it was to find there the protection and the pay of his employers. . . .
ON THE PERSUASIVE POWERS OF HAYWOOD'S ATTORNEYS
They are men of wonderful powers. They have been brought here because of their power to sway the minds of men. . . [to] draw you away from the consideration of the real facts in this case, to beguile you from a consideration of your real and only duty. But as I listened to the voice of counsel and felt for a time their great influence, there came to me after the spell was broken another scene. . . .
FINAL APPEAL TO JURY
I remembered again the awful thing of December 30, 1905, a night which has taken ten years to the life of some who are in this courtroom now. I felt again its cold and icy chill, faced the drifting snow and peered at last into the darkness for the sacred spot where last lay the body of my dead friend, and saw true, only too true, the stain of his life's blood upon the whitened earth. I saw Idaho dishonored and disgraced. I saw murder--no, not murder, a thousand times worse than murder--I saw anarchy wave its first bloody triumph in Idaho. And as I thought again I said, ‘Thou living God, can the talents or the arts of counsel unteach the lessons of that hour?' No, no. Let us be brave, let us be faithful in this supreme test of trial and duty...If the defendant is entitled to his liberty, let him have it. But, on the other hand, if the evidence in this case discloses the author of this crime, then there is no higher duty to be imposed upon citizens than the faithful discharge of that particular duty. Some of you men have stood the test and trial in the protection of the American flag. But you never had a duty imposed upon you which required more intelligence, more manhood, more courage than that which the people of Idaho assign to you this night in the final discharge of your duty.
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