I have enlarged the caption from the side of the photographs for easier reading. Click on each photo to enlarge further and/or go to the viewer/magnifier on my Fold3 account by clicking on the following links to take a even closer look.
Haywood on the witness stand
Caption from the photograph
The photograph is taken from up near and to the right side (as you face the gallery) of Judge Fremont Wood's bench. We see a glimpse of a couple of the jurors in rocking chairs in the left lower corner. We can see right away that the AP writer or photographer was not being real careful with his identification of the defense team members and made a rather glaring error.
Number one (#1) is clearly William Borah and it appears he is conducting the cross-examination of Big Bill Haywood (#3) on the witness stand. I can see the eye contact and feel the tension in the air. Number four (#4) does appear to be John E. Nevins of Scripps—McRae News Service. However, the AP writer or photographer really blows it when number three (#3) is identified as Clarence Darrow. That is definitely not Darrow and he would certainly not be sitting at the prosecution table immediately next to Borah. Come on AP! I believe that may instead be Owen Van Duyn, Attorney of Canyon County and a member of the prosecution team but I am not at all sure. Van Duyn has a mustache in photos I have seen but does not appear to have one here. Kind of looks like Calvin Cobb, Publisher of the Idaho Daily Statesman, too.
Looking to the far right lower corner, that is definitely Edmund Richardson. We know that bald head quite well by now. One of the two men to his left would be Darrow. I am guessing the third from the left. Looks to be the shape of Darrow's head and the common body language; slouching one side or the other with arm on the back of the chair or on the table supporting his head. He would have wanted to be siting as close as possible to the witness stand—but I could be completely wrong. What do you think?
In their usual position between the defense and prosecution tables are the two court reporters at their table. I have the names somewhere but not at the moment. I see John Murphy, WFM staff attorney sitting up front in the gallery just over and to the right and behind Haywood's right shoulder.
I will add more names as I find them. Feel free to chime in if you can identify anyone.
From Big Trouble.....
"At midday on July 12, Darrow completed his questions and turned the witness over to Borah. Along with Richardson's cross-examination of Orchard, this would be the trial's crucial confrontation: the seasoned trial attorney and popular favorite pitted against the tough labor leader and shrewed man of the streets, two forces of nature in collision. The Socialist called it 'the Man of the Mines' versus the Man of the Mind.'"
"It was partly a question of which man would intimidate the other. Haywood struck first. Scarcely had Borah begun his cross-examination than the witness interrupted. Gesturing toward the open window directly behind the judge's head, through which poured the radiance of a blistering Boise afternoon, Haywood said, 'If Your Honor please, may the shutters be closed on that window. While I will be talking most of the time to the jury [that is, straight ahead and into the window's glare] I cannot see the Senator's eyes with the shutters open.'"
"Many western gunfighters looked not at their opponent's gun hand but in his eyes to see when he was going to draw. Haywood wanted to fix Borah with the terrible glare of his single right eye. Borah was stunned, telling an associate later, 'It doubled me up like a jack-knife.'"
"Wood ordered the shutters drawn as Borah—with a wry smile—resumed his cross-examination. Reading Haywood some comments The Miners Magazine had made about Steunenberg over the years, he wanted to know whether these attacks represented Haywood's views." — Big Trouble by J. Anthony Lukas (pages 699-700).