The Montgomery advertiser., 1907-06-22
STATE RESTS CASE IN BOISE Few Spectators in Court
 Room. TELEGRAMS ARE INTRODUCED Negro Horse Dealer Points Out
 Haywood. Declares Defendant is the Man Who Was With Orchard in Denver.
 Defense Asks for Dis. .,
TELEGRAMS ARE INTRODUCED

day closed its case against William D. Haywood. charged with the murder of Frank Steunenberg. the defense made an unsuccessful attempt to secure from the court an order directing the jury to acquit the prisoner, Judge Woods ruling, which requires the de- fense to meet with evidence the case that the State has presented, was made at b:l5 o'clock, and 1t was then arr ranged that Haywood's counsel should make their opening statement and pre- sent their first testimony on Monday next.
 When the trial opened this morning 1t was stipulated that the record should show that the date of the draft sent by Haywood to Jack Simpkins late in 1905 was December 21, and after that, the prosecution proceeded to show, by handwriting expert. that George Pet tibone. using the names of "J. wolffe' and "P. Bone," made two remittances Of money to Harry Orchard at San Francisco, through the Pacific FertaI Telegraph Company. In the fall of tfa4. The State next called Seaborn, a a1I- ored horsetrader, who swore that he sold horse and bugy to Orchard in Denver in 1905 and identified Haywood as one of the men who rode with Or-
 
 that in June, 1903. Haywood sent SIS to Steve Adams at Ogden. and when the necessary showing had been made on the record the prosecution formally rested.
 The motion for an instruction to the jury to acquit was by agreement pres sented at the afternoon session, and the Jury was sent back to the jury house out of hearing of the argument. Attorney B. E. Richardson made the principal argument in support of the motion in long, carefully prepared and eloquent address.
 He took for his guide the Idaho statute. which forbids conviction upon the uncorroborated testimony of an accomplice. and quoting many authort-. ties in support of his contention that there must be convincing corroboration entirely independent of the testimoy of the accomplice. and made an analy- sis of all the testimony offered. He declared that none of the testimony could stand without support of Or chards story. and that the statute specifically forbade It's acceptance un- der these circumstances.
 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 alone spoke for the State. argued with like force and eloquence that Haywood's connection has been independently shown, and that Orchards testimony has been corrobo- rated by independent circumstances and evidence. He argued that the State had established the existence of n general conspiracy in which Haywood was participant. and in which he strongly developed the alleged con- nection of Pettibone and Simpkins.
 Ia nan ed that there was not a shred of evil dence in the case capable of standing without the rotten thread of Or chard's story" to sustain 1t. and that the plain provision of the Idaho statute made the duty of the court clear. fIe ridiculed the idea of a general con- spiracy and contended that if the most liberal allowance was made for the en- tire showing of the State that 1t would not make out case against the pris- oner worthy of submission to the jury.
 Few Spectators Present.
 When the Haywood trial was resumed today not more than outside the bar. and of these at least fifty were witnesses Hay woods mother sat in his immediate right, and she with the prisoners sis- ter, were the only members of his fami- ly present.
 JuQR6 wood IlTSt OelIVered a lengthy opinion everything demurrer in one of the cases before the regular term of court.
 On being directed to proceed. Sena- tor Borah announced that the state had received telegraphic information from the First National Bank of Dem yer fixing the date on one of the drafts which have been introduced as evi- dence and on which the date had been punched out by the file in the bank. This draft was for $100 and the bank wires that it bears date of December 2l, 1905, 1t was drawn in favor of J. l.. Simpklns by Haywood. The letter produced In court from Pettibone to Hogan, or Orchard. received by Or chard while in jail in Caldwell. stated that that" had been sent to Jack" Orchard said he had asked for $i00.
 The defense admitted prima facie that the date was December 21, and the date was recorded as evidence.
 W. V. Mccartney, the former clerk in the telegraph office at Denver, testified that he did not write the waiver Of Identification on the back of the tele- graphic money orders sent from Dem yer to Orchard when on the Bradley mission in San Francisco.
 c. s. Kingsley, an attorney of Boise was called. He qualified as an expert in handwriting. He was asked to com pare Pettibones signature on the leI- ter replying to the insurance agent in Denver who asked as to the character of Orchard with the signatures of tha Wolff and "P. Bone" on the back or the telegraphic money orders. Kingsley said that in his opinion. the signatures were written by one and the same person. He was not cross examined.
 Jim Seahorn, negro horse dealer of Denver, testified to the sale of a horse and buggy to Haywood in Dem yer.
 orchard had testified as to the sale of the team to Haywood. He said that the outfit was needed to get about in while in their work in connection with 4 their various undertakings.
 seahorn said Orchard came to him and, with him he drove to Petttbone's place of business. Petubone came out and together, they drove to the place he described as the location of the