The news-democrat. (Providence, R.I.) 1906-1909, 1907-06-21

IN HAYWOOD
CASE CLOSES


Boise. June 21.-when the Haywood trial
was resumed this morning, Judge Wood
first delivered a long opinion overruling a
demurrer in one OF the cases before the
regular term OF court
ON being directed to proceed, Senator
Borah announced that the state had re-
ceived telegraphic Information from the
First National bank OF Denver fixing
the date on one OF the drafts which have
been introduced as evidence and upon
which the date had been punched out by
the file in the bank This draft was for
800 ard the bank wired that IL bears the
date of Dec. q, 1906.
The state failed finally To secure the rec
ords OF the Western Union Telegraph
company showing the transfers OF money
from William ID. Haywood at Denver to
Steve Adams at Ogden In 1903 but the
telegram showing that they would be
forthcoming led the defense to admit the
facts. reserving all OF its rights as to
their materiality
When the record was made clear. the
prosecution closed The court ruled
against the admission or the dissenting
opinion In the Meyer habeas corpus case
and the way was open to the defense.
C. c. Kingsley. an attorney of Boise,
qualified as an expert In handwriting dur
ing the hearing today He was asked to
ter replying to the insurance agent in
Denver. who asked as 10 Orchards char
acter, with the sigatures OF Wolff and
Up. Bone" on the back OF the telegraphic
money orders. Kingsley said that in his
opinion the signatures were written by
the same person.
Jim Seahorn, colored horse dealer OF
Denver. the next witness. testified TO the
sale Of a horse and buggy to Haywood in
Denver
Orchard had testified as to the sale OF
the team TO Haywood He said the outfit
was needed in connection with their un-
dertaking
Seahorn said that Orchard came to him
and with him he drove TO Petitioners
place OF business. Pettibone came out,
and together they drove to the place he
described as the location OF the headquar-
ters OF the Western Federation OF Miners
What happened then?' asked Mr..
Hawley.
"orchard went up stairs and came down
with another man. The other man got in
the buggy and they said they would be
back soon and drove off together"
Would you know the other man?'
"Yes sir
Look around and see II you can see
him."
The negro looked over the defenses
SlOe ana pointed DnEeT NJ ftdyWOous
Eyes sir, that's the man." he said.
II was the first direct connection of
HAYWOOD with Orchard and a strong cor
OF the Orchard story. He said
Orchard paid $40 for the outfit, but the
bill OF sale was made TO Pettibone.
He described the horse as n little black
mare and the vehicle a top buggy.
Seahorn proved to be the last witness
for the state.
Senator Borah stated that with the ex-
ception of proving the sending OF money
order for s75 by the Western Union from
Haywood In Denver to Steve Adams in
Ogden, Utah, in 1903, the states case was
closed.
Mr.. Richardson said the defense would
agree that the state could file the tele-
grams as soon as they were received.
Senator Borah said they would be here
by this evening.
with this exception, your honor" said
Senator Borah. ''the state is ready to
close its case"
There was some wrangling over the
reading OF long opinion delivered In the
Colorado courts and which the defense
said should be read, as II had been offered
as evidence for the state. Judge Wood
looked over the decision and denied the
motion that IL be read to the jury.
This closed the states case and at 1925
the court adjourned until ! 80 p. M. when
the defense will move that the court in
struct the Jury to render a verdict of not
guiltQ.