The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1907-06-25
STATE CLOSES CASE LEFT THEIR KEYS.

Case Should Go to Jury.
Boise, Idaho. June 21-When the
state today closed its case AGAINST
William d. Haywood, charged with the
murder of Frank Steunenberg. the de-
Tense made an unsuccessful attempt to
have the court direct the jury to acquit
the prisoner on the ground that the
state had not proved it's charges. Judge
Woods ruling, which requires the de-
tense to meet the evidence the state
has presented was at the close of court
and it was then arranged that Hay
woods counsel should make their
opening statement and present their
first witness on Monday.
The prosecution introduced a few
witnesses today to corroborate pre-
viOus evidence and hen formally rest
ed its case. The motion for an in
struction to the jury to acQuit was by
agreement presented at the Afternoon
session and the jury was sent to the
jury house out of hearing. Attorney
F. Richardson made the principal ar
gument in support of the motion in
a long, carefully prepared and eloquent
address. He took for his guide the
Idaho statute which forbids conviction
on the uncorrOborated testimony Of
an accomplice, quoting many authori-
ties in support of his contention that
there must be convincing corrObCra-
ton entirely Independent of the testi-
r,1ru CF Tho nooaron1iOo LIa Ioofa rod
that none Of the testimony could stand
without support Of Orchards story.
and that the statute specifically for
bade is acceptance. He argued also
that the testimony of Orchard was The
only showing that in any way Gomez
ed Haywood with the crime and hat
the statute forbade conviction.
Senator Borah, who alone spoke for
the state. argued with like force aud
eloquence that Haywoods connection
had been independently shown ant
that Orchards testimony had been cor
roborated by Independent circumstan-
ces and evidence. He also submitted
a general argument to show that the
state had established the existence of
a general conspiracy. in which Hay
wood was a participant.
Going over the San Francisco chap
ter and accounting for the attempt on
Bradley, who was once manager Of the |
Bunker Hill and Sullivan mines. ON
grounds parallel with the murder of
Senator Borah said:
Take what path you will and follow
which trail you will. it leads always
back to Denver. In San Francisco We
find that Orchard is sustained by a
party whom we contend is a member
of this conspiracy, and how mo- as
Harry Orchard mol as Thomas Hogan,
but as Jack Dempsy and Harry Green.
Why? This money was sent to him by
lPettibone, who committed forgery in
doing So"
Senator Borah contended that the
letter written by Haywood to Mrs.
Orchard, telling her that her husband
was in Alaska. when he was really III
pursuit of former Governor Steunen-
berg. was a circumstance independent
of Orchards testimony that connected
Haywood with the crime. He declared
that when Haywood wrote the letter
Orchard was at Caldwell with Simp-
kins. one of the leaders OF the west
ern Federation of Miners. planting a
bomb for ~Stenuenberg.
Clarence S. barrow closed for the de
tense. He ridiculed the idea of a gen
~eral conspiracy and commended that If
the most liberal allowance was made
for the entire showing Of the state It
would not make out a case against the
prisoner worthy of submission to the
iurv. Mr.. Darrow warmed when IL
reached the articles in the Miners
MAGAZINE. "Why the man Haywood
was a miner working in the W
of the earth in Siler City" he said
EEwhen the most violent articles IN tn
magazine were written. Since thl'
man became an officer of the organIza
ton, the mildest articles have appear
ed. Within the last four years Steun
enberg's nam has not appeared IN tn
Miners Magazine. 1t would be bette
to shut down the printing presses an
abolish newspapers, if because OF SOM
Incorporate criticism, editors OF news
papers were to be charged with con
spiracy ami put in danger OF thei
lives" TIT. .-
Mr.. barrow sketched through the evl
dence and maintained that witaCu
Orchard there was no evidence to shO'
that any officer or member OF tn
Western Federation of Miners kne1
anything about the crimes to whic
q. Orchard testified.
sCrimes had been committed all
Orchard said he was the guilty ma,
but there was no one else to prove rhi
50 Orchard was there Where is there
D witness in this case who has eve
heard of Havwood's connection wit
lnHNn u