The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1907-06-21
PROSECUTION I'M HAYWOOD CASE
NEARs THE END.
WILL. ASK DISMISSAL
Defense Prepared to Submit Motion
That Court instruct for Verdict of
AcquittaI-Pettibone Further Con
nected With Orchard and His Work.

unforeseen delay in securing a couple
of final additional pieces of evidence,
the state will tomorrow close its
case against William D. Haywood,
whom it charges with the murder Of
Frank Stuenenberg. This announce
ment was made this afternoon by
Senator Borah, one of the special
counsel, and then Clarence Darrow of
the defense took up the discussion Of
the arrangement of time. He made it
very clear that directly the state
closed. he and his associates would
move the court for an instruction di-
recting verdict of acquittal.
1t is now anticipated that the state
will close by noon, that the afternoon
session will be devoted to arguments
on the expected motion Of the defnse,
and il the court rules adversely on the
motion, the opening statement in be-
half of Haywood will be made by Mr..
Darrow Saturday.
The prosecution succeeded today in
again showing direct connection
with the store of George Pettibone in
Denver and Harry Orchard at work
on the Bradley crime in San Francis
co, and promises to make the connec-
tion with Pettibone personal by hand
writing experts who will be called to-
morrow. Original records of the Pa
cific Postal Telegraph company were
produced that showed that in Septem-
ber and October, 1904, remittances Of
$3.50 and $4s, respectively, were
made, the first by 81. Wolff" and the
second by "P. Bone'' from 1925 Stout
street, Denver, the address of Petit
bones store, to H. Green" in care
of Peter l.. Huff at 211 Taylor street,
San Francisco.
w. V. Mccartney, who was cashier
of the Denver Office Of the Postal Tel
egraph company in the fall of 1904,
came here from Cheyenne to identify
and explain the records that showed
the remittances. The exhibits i'm
cluded both the application forms and
kilograms of instruction ordering the
payment of the money at San Fran
cisco.
y. Wolf" and p. Bone,'' both waived
the identification of III. Green at
San Francisco, and it is claimed that
the handwriting in both instances
was the same and that it is the same
as in the letter Pettibone wrote to
the Mutual Life Insurance when Har-
~ Orchard joined that corporation as
a solicitor
The state also showed that while at
Silver City, Ida, in 1899, Haywood de-
clared that Stuenenberg was ty-
rant and monster, who should be
exterminated, and by James Kirwan,
acting secretary-treasurer of the
80
Jack" Simpkins and Marion Moore
were made members of the executive
board OF the federation in 1905, and
by the organization is vested in the
president and secretary and treasurer.
For the rest it was day of reading
with Senator Borah as first reader.
Judge Wood admitted many Of the
strongly worded articles of the Min
ers' Magazine, in which Frank Stuen-
enberg was bitterly denounced, and as
one after another they were let in
Borah read them to the jury. There
were admitted as showing the animus
of the federation officials against
Stuenenberg and also showing animus
against Justices Goddard and Cab
bert of the supreme court of Colo
rado, whom Orchard had swore he
tried many times to kill. The state
introduced in evidence the decisions
Of these judges on the Colorado eight
hour law and the habeas corpus ap-
plication of Charles H. Meyer. The
defense insisted that ,,Borah read ev-
cry word in both decisions, and the
first, which took As minutes to go
over, was read before the noon recess,
and cleared the court OF all have those
whose duty required them to stay.
The other was read with like effect
soon before adjournment for the day.
Then Attorneys Richardson and Oar
row called for the dissenting opinion
in the Meyer case, as a matter Of
fairness, and demanded that Borah
read that also. Judge Wood took
pity upon the weary reader, however,
and said that if the defense wanted
the dissenting opinion it must desig-
nate one of its counsel to read it. Mr..
DarroW was selected as reader, but
he will not be heard until tomorrow.
To practically every piece of testi-
mony offered during the day the de-
tense first offered objection, then
made motion to strike out and
lastly took an exception on the re.
cord To all evidence connected with
the general conspiracy alleged by
the state the objections of the de
fense included the proposition that
the acts shown were not binding on
the defendant, and that they were
not connected with the Stuenenbere
murder. There was frequent objecting
to the evidence offered to corroborate
the testimony of Harry orchard, ali
alleged accomplice in the manner pro
vided by the statute.
Important to Prosecution.
1t was stated tonight that the prose
cution had received telegram from
Denver showing that the date on tht
draft for $100 sent by William D. Hay
wood to "Jack" simpkins was Decem
Der 21, 1905. Orchard testified tina
When Simbpkins left Caldwell afte
the failure Of the first attempt ON th'
life of Steunenberg he asked him Il
get S10O for him. The unsigned lette
which Orchard got at Caldwell afte
his arrest and which he said was writ
ten by Geo. Pettibone, one OF the CO
defendants. informed him that that