The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-06-22

mare and the vehicle as top buggy.
Seahorn was only briefly cross-exam-
ined. He said he met Orchard at the
penitentiary after coming to Boise. He
said he was summoned by Pinkerton de-
tectives and received his fare and ex-
penses from them in advance
States Case Closed.
Seahorn proved to be the last witness
Senator Borah stated that with the
exception of proving the sending of a
money order for SO by the Western
Union from Haywood in Denver to Steve
Adams in Ogden, Utah, in 1903, the states
case was closed.
Mr.. Richardson for the defense said
that they would agree that the state
could file the kilograms as soon as they
were received. Senator Borah said that
the kilograms would be in Boise by this
evening.
with this exception. then. vour
honor. said Senator -BOrah the state
is ready to close its case"
There was some wrangling over the
reading of a long opinion delivered i'm the
Colorado courts and which the defense
said should be read, as it had been Of
fered as evidence for the state
Judge Wood looked over the decision
and denied the motion that 1T be read
10 the jury. This then closed the states
case. and at 1O:25 the court adjourned IN
til 100 p. m.
motion Tor DISMISSAL.
Immediately after court was called 10
order after the recess, F. F. Richardson.
for the defense. announced that he had
filed d motion with the clerk of the
court. Judge Wood dismissed the iur,-
in charge of the bailiffs. pending the
reading of the motion and the argument
The text of the motion is as follows.
Now on this 2lst day of June. A u
1907 comes the above named defendant
William d Haywood, by his attorneys.
and moves the court to advise the Jury
in the above entitled case to acouft the
defendant. William d. Haywood, in ac-
cOrdance with section 1871 of the revised
statutes of the state of Idaho for the
following reasons, and each of every one
of them, to wit:
"First-Becausc the only testimony
which tends to connect the defendant
William ID. Haywood. with the homicide
charged in the indictment herein is that
of Harry Orchard. who testified that he
was an accomDlice in the commission of
said offense.
'Second-Because the testimony of the
alleged accomplice I'm this case is uncor-
rOborated by any other evidence which,
i'm itself and without the aid of the tes-
timOny Of the accomplish. fails TO connect
the defendant with the commission of the
offense charged.
Confederation Not Sufficient.
''Third-Because the confederation of
the accomplice witness in this case is NOT
sufficient. since it fails to show the COM
mission of the offense or the circunl-
stances thereof in any way which either
connects or tends to connect this defend
ant Herewith.
'Fourth-Because the testimony in this
case is wholly insufficient TO warrant the
rendition of q verdict or the pronounce
ment of sentence thereof. under section
ISL of the revised statutes of the state
of Idaho.
''F'ifth-Because the evidence received in
the case Is immaterial. irrelevant and in
sufficient upon which to found a verdict
or to sustain one if found.
"Sixth-Because the evidence wholly
fails TO disclose that the defendant Is in
snywise connected with or had knowI-
edge of the preparation of the offense
charged in the indictment.
Charge Wholly Untrue.
"Seventh-Because. while it is charged
i'm the Indictment that this defendant was
personally present and did commit the
crime therein charged upon the body OF
one Frank Steunenberg on or about the
9Oth day of December. 1895. nevertheless