Los Angeles herald., 1907-06-22
MOTION TO ACQU|T
IS OVERBULED
Continued from Page one.)


went over the testimony of each wit
ness, from Mrs. Sadie Swan, the servant
in the Bradley house, to the dairyman
who sold the milk and the chemist who
found poison in IL. and at the end of each
ruling of the evidence Richardson said
There may appear some repetition ir
my statements to your honor, but l will
repeat because l desire to impress upor
your honor's. mind beyond shadow o,
doubt that In all this mass of matter
there is no basis for the statement thai
this evidence connects Hayward with the
murder of Steunenberg."
Calls Drafts Innocent
Taking up the drafts issued by Hay
wood In favor of Jack Smpkins, Rich
ardson said these were innocent trans
actions. He dwelt at some length on the
draft dated December q, 1905, In favor of
Simpkins.
''This too, was an innocent transac-
ton and only Orchard proves any con-
nection. You are obliged to leave Or
chard out"
At this point Mr.. Richardson's argu-
ment remained centered for a long time.
He traced the draft and concluded that
the evidence was useless as showing
Haywood's connection. Here Richard
son, changing his manner, raised his
voice.
81 would say to your honor" he shout
ed, that If Haywood were guilty of the
blowing up of the Vindicator mine which
he is not; if Haywood were guilty of the
attempt upon Gabbert, of which he
is not; if Haywood were guilty of the
conspiracy on the life of Peabody, which
he is not; If he killed Wally, which he
did. not; If he planned to kill Bradley,
which he did not--even if all these things
were true, which they are not-all this
would be insufficient to connect him with
a crime on the body of Steunenberg.
states other than the state of Idaho and
this man Haywood stands charged only
with a crime committed within the bor-
ders of the state of Idaho.
I'VE come, therefore, to the PROPOSE
tion-by whom does this man stand con
nected of the murder of Steunenberg ex-
cept by the mouth of the man who sat in
that witness chair and whose unsupport-
ed word is no, worthy of belief by any
living person?
Shakes Fist at Orchard
Here for the first time Richardson
turned to the witness chair and shook his
clenched hand at the place where Or
chard sat for nearly a week under his
cross-examination AS he referred to Or
chard he hfssed the words and turned
from the chair with a gesture expressive
of the utmost contempt
Governor Peabody came here He has
been interviewed everywhere in this coun-
try and through many states and has an
nounced the things he would testify to
when he got here. When he gets hero
what does he do? He tells us that after
giving up office he went to his home in
Canyon City and commenced to remodel
his house and that some one pointed out
to him a man as Thomas Hogan. That's
ALL
From witness to witness Richardson
passed, continuing his review to their tes-
timony and in each case asserting that
there was nothing to connect Haywood
with the murder Taking up the evidence
of G, M. Stuart, who testified yesterday
10 IaaN vfN4rr ITr.rrw Naate,,
denounce Steunenberg in 1899, during the
troubles in the Occur d'Alenes, Richardson
said
why, your honor, we can find 5000 men
in Idaho who are guilty of the murder of
Steunenberg if denunciation of Steunen-
berg made a man guilty of that murder.
Here was Haywood whose brothers were
oppressed and imprisoned without trial
and harshly treated, and in strong lam
guage he criticises and denounced the
action of the man who was responsible for
conditions then existing. This was In 1899,
and Steunenberg was killed in 1905. Why,
your honor, are we going to accept such
language at such time as evidence on
which to hang this man?
This case has been discussed from one
end of this country to the other-by the
newspapers and by all people until we
found difficulty in getting a jury. It
seems to me that to leave this case to a
jury from this community Is to leave 1t to
passion and prejudice when the rules Of
law ought to dispose of 1t now. If this
were an ordinary case l believe no court
would be slow to act along the line of the
motion we have filed here But your
honor is only human as all Of us are hui
man. / ask your honor to separate the
judge from the humanity that controls us
all. Here Is the fattest case ever pre-
sented to court of law, IL we leave the
testimony of Orchard. the criminal whose
testimony shows him to be the greatest
criminal in all the ages before. Here is a
case that is fallen fiat without Orchard,
and all the testimony falls to the ground
without the aid of this fiend OF numbering
crime. and this is all the Pinkertons can
produce to us after more than a year of
work.
II ask your honor to instruct the jury
to sign up verdict acquitting this de-
fendant."