Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-06-21
STATE CLOSES CASE
AGAINST HAYWOOD
Prosecution Rests After Intro
ducing Evidence to Connect
Officials With Orchard
DISMISSAL
FOR
MOTION
Defense to Enter Usual Plea, Arguing
That State Has Not Proved Its
charses--Final Evidence For Prose-
cution Aimed to Supply Connecting
Links.

cution Aimed to supply Iohnect'n9
Boise. June 21.-When the Haywood
trial was resumed this morning not
more than 100 people occupied seats
outside the bar. OF these at least forty
were witnesses. The state announcer
/ the close of its case against Haywood
at 1920.
Senator Borah announced that tne
state had received telegraphic infor-
nation from the First National BANK
Of Denver. fixing the date on one OF
the drafts. which had been introduced
as evidence, and upon which the date
had been punched out blythe fie IN
the bank This draft was for $l0o. The
hank wired that it bears date of Dec.
81, 1905.
Jim Seahorn, a colored horse dealer
of Denver, testified to the sale OF
horse and buggy to Haywood in Den
yer. Orchard had testified as to the
sale OF the team to Haywood. He said
the outfit was needed to get about in
while in their work In connection with
their various undertakings. seahorn
said Orchard came to him and, with
him. he drove to Pettibone's place OF
business. Pettibone came out, and to-
gether they drove to place ne de-
scribed as the location of the head.
quarters of the Western Federation OF
Miners.
State Scores Again.
what happened them:
"Orcha.rd went upstairs and came
down with another man; the other man
got in the buggy and then said they
would BIZ back soon and drove off to-
gether."
DO you know this other man"
"Yes, sir"
Look around and say if you can
see him here"
The negro looked over the defense
side and pointed his finger at Hay
wood. :
Yes, sir, that's the man." he said.
It was the first direct connection OF
Haywood with Orchard and strong
corroboration Of the Orchard story.
The negro said Orchard paid him s110
for the outfit, and the bill of sale was
made to Pettibone. Seahorn was only
briefly cross-examined.
Charles S. Kingsley, handwriting ex-
pert, testified that the writing on the
waivers; on the money telegrams sent
from Pettibone's store in Denver in the
names of ~. Wolff and "P. Bone" to
III. Green" in San Francisco, was
done by the same hand that penned
Pettibone's letter to John h sterns.
A stipulation by defense admitting
the fact that Haywood telegraphed
money to Steve Adams at Ogden in
1903, and ruling by the court denying
dissenting opinion in the Meyer ha-
beas corpus case in Colorado, cleared
the direct work of the prosecution and
opened the way to the plea and case of
the defense. A recess was taken until
1880, when defense will move the court
to instruct the jury to render verdict
OF not guilty.
Darrew Will Move Dismissal.
Clarence Darrow in the Haywood
case announced indirectly in court that
when the state closes it's case today
the defense will move for an instruc-
tion of not guilty on the ground that
the prosecution has not connected the
defendan Haywood, with the assass-
ination of former Governor Steunen-
berg
Judge Wood allowed the state to in
troduce a decision by the supreme
court Of Colorado declaring unconsti-
tutional the eight-hour law. Judge
Goddard participated in the decision.
The defense insisted that the decis-
ion be read in its entirety, Senator
Borah being at the task for nearly an
hour.
After recess yesterday Senator
Borah offered in evidence a decision Of
the supreme court OF Colorado in the
case of Charles H. Meyer, denying
q writ OF habeas corpus to the presi-
dent Of the Western Federation of
Miners. The opinion was written by
Chief Justice Gabbert and was iden-
titled for the purpose of showing al
legged .animus of the federation against
the irrist whose life was attempted by
Harry Orchard The reading of the
decision Of the court was dispensed
with for the time being to enable the
state to call to the stand James kir-
wan, acting secretary Of the Western
Federation Of Miners in the absence OF
Haywood. Kirwan detailed the duties
of the office he now fills. He was
askeds about the membership of the
executive board in different years, the
object being to show that Jack" Simp-
kins, implicated by Orchard in the first
attempt on Governor Steunenberg, was
member OF the board in 1904. 1905
and 1906. Kirwan said this was true.
He said the president and secretary
treasurer are ex-officio members of the
board. Money from the treasury OF
the organization is paid out on order
of the president and secretary treas
uref.
This was all that was desired of Mr..
Kirwan and ne was released without
cross examination.
E. n Stewart machinist Of Ba-
ker t-Tfr nrA forn,srIr chief eprineAr