Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-06-21

of the case for the defense and the out
lining OF it's case. 1t is possible that the
court Will adjourn this afternoon until Mon
day
A Lengthy Opinion.
When the Haywood trial was resumed at
$50 this morning not more than loo people
occupied seats outside the bar. and of
these at least forty were witnesses Hay
woods mother sat on his immediate right,
and she. with the prisoners sister. were
the only members of his family present.
Judge Wood first delivered lengthy
opinion overriding a demurrer IN one OF
the cases before the regular term OF court.
On being directed to proceed, Senator
Borah announced that the state had re-
ceived telegraphlc information from the
First National Bank of Denver fixing the
date on one of the drafts which have been
introduced as evidence and upon which
the date had been punched out by the
file of the bank. This draft was for $lOO.
and the bank wires that 1t bears the date
OF December 2l 1893.
In Favor of Simpkins.
1t was drawn in favor of J. l.. Simpkns
by Haywood. The letter produced in court
from Pettibone to Hogan or Orchard, re-
ceived by Orchard while in Jail at Cald-
well. stated that that had been sent to
Jack" Orchard said that he had asked
for S1p
The defense admitted prma facie that
the date was December II. and the date
was recorded evidence.
W. V Mccartney. the former clerk in the
telegraph office al Denver. testified that he
did not write the waiver OF identity on the
back of the telegraphic money orders sent
from Denver to Orchard, when on the
Bradley mission in San Francisco.
c. c. Kingsley. an attorney of Boise. was
called. He qualified as an expert in hand
writing He was asked to compare Petit
bones signature on the letter replying to
in Ilar hn :
"a 10 the character of Orchard. with the
signatures of Wolff and p. Bone" on the
back of the Geographic money orders.
kingsley said that in his opinion the. sig
natures were written by one and the same
person. He was not CroSs-eXamined.
Jim Seahorn, a colored horse dealer or
Denver. the next witness, testified to the
sale of horse and buggy to Haywood in
Denver.
Sale of Team.
Orchard has testified as to the sale of the
team TO Haywood. He sad that the outfit
was needed to get about in while In their
work in connection with their various I'M
dertaktngs.
Drove to Petitioners.
Seahorn said that Orchard came to him
and with him drove to Pettibones place of
business. Pettibone came out. and. together
they drove to the place he described as the
location of the headquarters of the West
.ern Federation of Miners.
What happened them" asked Mr.. Haw-
ley.
Orchard went upstairs and came down
with another man."
Yes: what next?
THE other man got in the buggy and
they said they would be back soon and
drove OFF together"
do you know this other MANI
YES sir: | have seen him"
Would you know him now?
Yes. sir"
Look around and see If you can see him
here"
The negro looked over the defense side
and pointed a finger at Haywood.
Yes. sir; that's the man. he said.
There was a pause and a silence. broken
only by a stir among the spectators.
1t was the first direct connection OF Hay
wood with Orchard. and a strong corrobo-
ration OF the Orchard story.
How much did YOU get for the OUTFIT
zone hundred and ten dollars
Orchard Paid.
''Who paid you?'
''Mr. Orchard
'You just got the money and gave Or
chard bill of sale?''
NO. sir: the bill of sale was made to
Mr. Pettibone"
He described the horse as little black
mare and the vehicle as a top buggy.
SeahOrn was only briefly croSs-examined
He said he met OrchaIS at the penitentiary
AFTER coming to BOiSe. He said he was
summoned by Pinkerton detectives and re-
ceived his fare and expenses from them in
advance.
seahorn proved to be the last witness for
the state
Senator Borah stated that with the ex-
ception of proving the sending of money
order for sT5 by the Western Union from
Haywood in Denver to Steve Adams in
Ogden. Utah, in 1903. the states case was
closed.
ME-. Richardson, for the defense said
that they would agree that the state could
file the kilograms as soon they were re-
ceived. Senator Borah said that the tele-
grams would be in Boise by this evening.
With this exception then. your honor -
said Senator Borah. the state is ready to
close its case"
There was some wrangling over the read
Ing of long opinion delivered in the Colo
RADIO courts. and which the defense said
should be read 1t had been offered as
evidence for the state.
Judge Wood looked over the decision and
denied the motion that it be read to the
jury. This closed the states case, and at
1925 the court adjourned until 30 pm.
when the defense will move that the court
instruct the jury to render a verdict of not