The Wahpeton times. [volume] (Wahpeton, Richland County, Dakota [N.D.]) 1879-1919, 1907-06-27
State Close. It's Case.

pcrlGuCeS IN San FRANCISCO.
State Closes It's Case.
Boise, Idaho, June 22.-Unless there
should be unforeseen delay in securing
| a couple of final pieces of evidence,
the state will today close its case
against William d. Haywood, whom it
charges with the murder of Frank
Steunenberg. This announcement was
made yesterday afternoon by Senator
Borah of the prosecution, and when
Clarence barrow of the defense took
up the discussion of the arrangement
Of time he made it very clear that d.
rectly the state closed he and his asso.
ciates would move the court for an in.
struction directing a verdict of &C
quittal.
corroborates Orchard.
It is now anticipated that the state
will close by noon; that the afternoon
session will be devoted to argument Of
the expected motion of the defense,
and If the court rules adversely on the
motion, the opening statement in be.
half of Haywood will be made by Mr.
barrow on Saturday.
The prosecution succeeded yester-
day in again showing direct connec.
tion with the store Of George Petit
bone in Denver and Harry Orchard at
work on the Bradley crime in San
Francisco, and promised to make the
connection with Pettibone personally
by handwriting experts who will be
called today.
Records Produced.
Original records Of the Pacific Post
al Telegraph company were produced,
showing that in September and Octo.
Der, 1904, remittances of $3.50 and
$48, respectively, were made. the first
by ~. Wolff' and the second by "P.
Bone" from 1925 Stout street, in Den.
ver-the address of Pettibone's store
to III. Green" in care of Peter l..
HUI, at 211 Taylor street San Fran.
cisco.
w. v. Mccartney, who was cashier
Of the Denver Office of the Postal Tele.
graph company in the fall Of 1904,
came here from Cheyenne to identify
and explain the records that showed
the remittances.
Quotes Haywood.
The state also showed that while at
Silver City, Idaho, in 1899, Haywood
declared that Steunenberg was o ty-
rant and should be exterminated. To
practically every piece Of evidence Of
fered during the day the defense first
offered objection and then made mo.
ton to strike out, and lastly took an
exception on the record.
Jury to Decide Haywood Case.
+ Boise, June 23.-When the state yes.
terday closed its case against William
d. Haywood, charged with the murder
Of Frank Steunenberg, the defense
made an unsuccessful attempt to Sc
cure from the court an order directing
the Jury to acquit the prisoner. Judge
Woods ruling. which requires the de-
tense to meet with evidence the case
that the state has presented, was made
at 3:15 o'clock and it was then ar
ranged that Haywood's counsel should
make the opening statement and pre-.
sent their first testimony ON Monday
next.
Makes Eloquent Plea.
Attorney K. F. Richardson made the
principal argument in support Of the
motion in a long, carefully prepared
and eloquent address.
He took for his guide the Idaho stat
ute that forbids conviction upon the
uncorroborated testimony Of an accom-
plice, and quoting authorities In sup
port of his contention that there must
be convincing corroboration entirely
Independent of the testimony of the
accomplish, made an analysis Of all
the testimony offered. He declared
that none Of the testimony could stand
without the support of Orchards story
and that the statute specifically for
babe its acceptance under these cir.
cumstances.
Statute Forbids Conviction.
He also argued 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 these circumstances.
Senator Borah, who spoke for the
state. argued with like force and elo-
quence that Haywood's connection has
been independently shown. and that
Orchards testimony has been corrobo-
rated by Independent circumstances
and evidence
Clarence Darrow, who closed, de-
clared that there was not shred of
evidence in the case capable of stand
ing without the rotten thread of Or
chard's story" to sustain 1t. and that
the plain provision Of the Idaho statue
made the duty of the court clear.
pRUNKARp's AWFUL WORK.