The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1907-06-22
COURT C0MPELS
HAYWOOD TO PUT
IN HIS DEFENSE
Continued from Page One.

| herewith is given solely and wholly by
one Harry Orchard who admits that he
| himself was guilty himself OF the pcrpe-
! trstlon thereof. and without the aid Of
| the testimony of the said Harry Orchard.
| the SELF confessed perpetrator OF the, said
which in any wise tends to connect the
defendant with the commission OF the
said oftense. and the said testimony and
wholly uncorroborated within the mean
Ing and intent OF section 1871 Of the Re-
vised Statutes OF the State OF Idaho.
Wherefore, The defendant. William u.
Haywood, asks the court 20 advise the
Jury 10 return verdict I'm favor OF the
defendant. (signedl -
JOHN +. NUGENT.
PETER BRBBN,
FIRED MILLER,
EDGAR WILSON.
"A4ttorneys for Defendant. William D.
Strong Legal Argument.
Mr.. Richardson. who had changed his
place so as TO face the bench. and stand
his argument ~ once. He opened by
reading from the statute of the State
OF Idaho. which says that a conviction
cannot be had on the testimony Of an
aCcomplice unless II is corrohoratcd by
other evidence which by itself and with
out the aid OF the testimony of the ac-
compice tends to connect the defendant
With the commission Of the crime. He
read at length from authorities and opin-
ions bearing upon this point and upon
the uucorrohorated testimony OF an nc"
compice or co-conspirator, laying stress
upon the View that the corrobora tion
must connect the defendant with the ac-
tual commission OF the ofTense, Richard
son took the testimony OF Miss Cora Pea
body as an instance of the failure on tho
part OF the state TO Introduce evidence
which, Independently Of the evidence OF
The accomplice, waa sufficient to permit
Of an inference that the defendant was
connected with the olfense charged, He
! s,s..-,y 49,, H.. q 49,, I,a- oAa
body merely testified that she had seen
two men near her carriage on certain
night. Orchard had said he was there.
hui there was said Mr.. Richa rdson. abso-
lutely no independent confederation. The
TWO statements taken together might ere
ate an inference, but Miss Peabody's evil
dence was worthless without Orchard g
testimony
Richardson mentioned other testimony
for the state as haVi-is utterly Jailed to
connect Haywood with the commission OF
the crime. He maintained. and quoted
many authorities 10 support the conten-
tion that the court was authorized, and
struct the jury TO dismiss when the tes
timony of an occomplice was not suffi-
cisntly corroborated.
IF the testimony Of a witness is as
consistent with the Innocence OF this de-
tendant' said Richardson, with marked
and impressive emphasis. ''if 1t Is as con-
sstent with his Innocence as 1t is con
ssteut with his guilt. it will he your
honors duty-no matter how unpleasant
II may he-to Instruct the Jury that the
evidence is Of no value. The evidence
self. corroborate the testimony of the
complice Orchard or connec, the defend
ant with the murder Of Steunenberg
One Out cf 100000.
There are some 200 600 people In Den
yer, claimed by we people who live
there, and vet, out Of all these people.
they bring one lone policeman from the
I..R Yl1af h 4 lNas a oril
Haywood together not TO exceed three
times during all the period over which
this conspiracy is supposed 10 have eX-
tended. This is the only man-no. there
is one other. colored man. who this
morning said that he saw Haywood and
Orchard together for few minutes,
The reading OF authorities continued
for over half an hour. once the court in
terrupted counsel:
III YOU have any Idaho authorities,
MIR. Richardson. I'd Ike TO have them"
YES, sir. I am coming TO them" said
Mr.. Richa rdson.
Later he quoted from two Idaho cases
failure Of tho State to convict OH the tes-
timony Of an accorpltce.
Passing from this branch OF argument,
Richardson said he would pass TO the
discussion Of the nature and effect OF the
testimony. He said he would pass over
the Caldwell Witnesses. and named all
those who he'd been called 10 prove the
presence OF Orchard and Slmpkins In
Caldwell and the murder OF Steunenberg
None OF those witnesses had In any way
connected Haywood with tbs murder of
Taking up the San Francisco Witnesses
he went over the testimony OF each wit
ness, from Mrs. Sadie swan, the servant
in the Bradley house. 70 the dairyman
who sold milk and the chemist who found
poison In il, and al the end OF each
ruling OF the evidence, Richardson said;
There may appear some repetition in
my statements to your honor, but l will
repeat because | desire To impress upon
your honors mind, beyond a shadow OF
doubt. that in all this mass Of matter
this evidence connects Haywood with the
murder OF Steunenbers.
we have the assistant postmaster OF
San Francisco. who testified 10 a regis
tered letter having been received. Wit
nesses come her to show that Orchard
under the name of Green received
package and telegram from one u
Wolff" But | maintain that beyond the
uncorroborated testimony OF Orchard
there is not one scintlla OF evidence to
connect Haywood with the murder of
Steunenberg. and even IL it wesr proved
that Haywood. over his own signature
or in signed letter had sent Orchard
that Haywood had anything to do with
the murder or with the conspiracy,
which, Il is alleged. was world wide. ard
which gave to Orchard rowing commits
wood wanted killed
Quickly passing through the indicator
mine ana tOloTS1p lnClltNLHt NJC- Rlcn-
ardson named the witnesses, and In each
case irnpressively insisted that Haywood
had not been connected by the testl-
monv unless Orchards story was used to
bolster II up.
Drafts Innocent Transactions.
Taking up the drafts Issued by Hay
wood in favor OF Jack SImpkins, Rich
ardson said these were innocent transac-
tions. He dwelt at some length on the
draft dated Dec. 2l 1905. in favor of
Simpkins.
"thls, too, was an innocent transac-
ton, and only Archard proves any con-
nection. You are obliged 70 leave Or
chard out
At this point Mr Richardson's argu-
ment remained centered for a longer time
than any he had covered. He traced the
draft and concluded that the evidence
was useless as showing Haywood con-
nection. Here Richardson, changing his
manner. raised his voice.
Il would say TO your honor he
shouted, that II Haywood were guilty
of the blowing up Of the Vind!cator mine
which he Is not, if Haywood weer guilty
OF the conspiracy on the life OF Peabody.
which ne is not; II he killed Wally. which
nc did not; II he planned 10 kill Bradley
which he did not-even II all these things
were true, which thew are not-all this