The San Francisco call., 1907-06-22
MOTION To FREE
HAYWOOD DENIED
BY JUDGE WOOD
State Closes and Defense
Pleads in Vain for Sum-
mary Acquittal
TO RESUME MONDAY
Counsel for Prisoner Given
Time to Prepare for
Opening Case
TESTIMONY ASSAILED
Darrow Says Prosecution Is
Based on Rotten Thread
of Orchard Story"

BOISE, Idaho, June 2l.-When
the state closed its case today
against William D. Haywood,
charged with the murder Of
Frank Steunenberg, the defense
made an unsuccessful attempt to
secure from the court an order
directing the jury to acquit the
prisoner. Judge Woods ruling,
which requires the defense to re-
fute with evidence the case that
the state has presented, was made
at Sis o'clock, and it was then
arranged that Haywood's counsel
should make their opening statement
and present their first testimony on
Monday next
When the trial opened this morning
it was stipulated that the record would
show that the date Of the draft sent
bv HAYWOOD to Jack Simpkins late in
1905 was December 2L and after that
the prosecution proceeded to show by
a handwriting expert that George Pet
tibone, using the names of j. Wolfe"
and p. Bone" made two remittances
of money to Harry. Orchard at San
Francisco through the Pacific Postal
telegraph company in the fall of 1904.
The state next called Jim Seahorn,
A coIored horse trainer, who swore
that he sold horse and buggy to
Orchard in Denver in 1905 and identi-
hed Haywood as one of the men who
rode with Orchard. After that the de-
fense admitted that in June, 1903, Hay
wood sent s75 to Steven Adams at og-
den and when the necessary showing
had been made the prosecution finally
rested.
The motion for an instruction to the
Jury to acquit was by agreement pre-
sented at the afternoon session and
the Jury was sent back to its house to
be out Of hearing Of the argument.
Attorney z. F. Richardson, in sup
mort Of the motion, made a long, care
fully prepared and eloquent speech He
took for his guide the Idaho statute
which forbids conviction upon the un-
corroborated testimony of an accom-
Mice and quoted many authorities to
show that there must be convincing
confederation entirely Independent of
the testimony Of the accomplice. He
also made an analysis OF all the tes-
timony offered
Richardson declared that none of the
testimony could stand without the sup
port of Orchards story, and that the
statute specifically forbade its accept
ance under those circumstances. He
also contended that the testimony OF
Orchard was the only showing that in
any way connected Haywood with the
crime. and that the statute forbade
conviction under those circumstances.
Senator Borah, who alone spoke for
the state, argued with like force and
eloouence that Haywood's connection
had been independently Shown and thai
orchards testimony had been corrobo-
rated by independent circumstance
and evidence. He also submitted {
general argument to show that th'
state had established the existence of Z
general conspiracy in which Haywood
was a participant and in which +
strongly developed the alleged con
nection Of Pettibone and Simpkins.
Clarence Darrow. who closed, PLEADED
that there was not aashred Of evidenc'
IN the case capable OF standing with
ont the rotten thread OF Orchard
story" to sustain it and that the plaiE
PROVISION Of the Idaho statute mad'
the duty Of the court clear He ridi
culed the idea of a general conspirac,
and contended that If the most liberia
allowance were made for the entire