Pierre weekly free press. (Pierre, S.D.) 1889-19??, 1907-06-27
State Closes It's Case.

0Adlc SlOSCS us SdSSs
Boise, Idaho, June 2..-Unless there
should be unforeseen delay in securing
couple of final pieces of evidence,
the state will to-day close it's 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 pa1Tow of the defense took
up the discussion of the arrangement
CT 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.
Csrroborates Orchard
1t 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
ton 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 to-day.
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
! $4S, respectively, were made, the first
by 81. WOLF" and the second by "P
Bone" from 1925 Stout street, in Den
ver-the address of Petitioners store
to "E: Green" in care of Peter l.
| Huff, 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 a ty
rant and should be eXterminated TIC
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 a..
exception on the record.
Jury to Decide Haywood Case.
Boise, June 23.-When the state yes
terday closed it's case against William
D. Haywood, charged with the murder
of Frank Steunenberg, the defense
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 X F. Richardson made the
principal argument in support of the
motion in 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 confederation entirely
independent of the testimony of the
accomplice, made an analysis of all
the testimony offered. He declared
| without the support of Orchards story
| and that the statute specifically for
babe it's 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 clio
quence that Haywood's connection has
been independently shown. and thai
Orchards testimony has been corrobo
rated by independent circumstances
and evidence
Clarence barrow, who closed, de
clared that there was not a shred O.
| evidence in the case capable of stand
/ ing without the rotten thread of Or
chard's story" to sustain it, and tina
1 the plain provision of the Idaho statue
made the duty of the court clear.