Mountain Home maverick. [volume] (Mountain Home, Idaho) 1906-1911, 1907-06-27

On last Friday the prosecution
closed its case against VIM. d. Hay
wood charged with the murder of
Governor Steunenberg. Last Thurs
day and FIiday forenoon was spent
in gathering up the fragments of
testimony. The state introduced in
evidence the kilograms by which
Pettibnoe sent the oney to Orch
ard while in San Francisco to pay
his expenses while working on his
plan to kill Bradley Much of the
day Thursday was taken up with
reading articles published in the
Miners Magazine which tended to
show the state of mind of the Of
ficers of the Western Federation
towards Steunenberg. After these
articles had been admitted and
read to the jury Senator Borah
introduced in evidence and read
two decisions of the Colorado Su-
preme court, one declaring the
eight-hour law unconstitutional,
and the other the decision denying
a writ of habeas corpus. on the
application of Chas. H. Meyer.
These were introduced for the
purpose of showing that those de-
cisions had been\ rendered and that
for that reason the officers of the
Western Federation were opposed
to Judges Goddard and Colbert,
who were on the bench at that
ta
in those cases.
Friday noon the state closed its
case. On the convening OF the
court.in the afternoon the defense
moved the court to advise the jury
to acquit the defendant on the
ground of insufficiency of the evil
dence. Richardson and Darrow ar
gued in support of the motion
and Borah contended that the mo-
tion should not be granted. Rich
ardson contended that the defendant
could not be convicted upon the un-
corroborated testimony of an accom-
pfice; that the other evidence must
by itself tend to connect the defend
ant with the commission of the
crime. He said that all of the tes-
timony, outside of Harry Orchard s,
might be perfectly true and still the
defendant be innocent. That all OF
that testimony did not tend to con-
meet the defendant with the muir
der of Steunenberg; that 1t would
all fall flat when the testimony OF
Orchard was taken out. Borah Tor
the prosecution argued that the au-
thorities did not go so far as the
defense contended. He said that 1t
was not necessary that the corrobo-
rative evidence should completely
sustain the charge. He said that
the state alleged that there existed
a general conspiracy in which the
leaders of the Western Federation
of Miners were the principals.
That the testimony of Orchard
could be entirely left out OF the
consideration and it would be found
that the state had shown the exis-
tence of the conspiracy. He con-
tended that having established the
existence of the conspiracy and that
one of participant in the conspiracy
had gone to Caldwell it was not
necessary to show that Haywood was
at Caldwell. He said that 1t was
customary in proving conspiracy
to show a number of acts having 9
common purpose, and that they
could eliminate the testimony oi
Orchard and still the state had
established a conspiracy by other
proof. Clarence Darrow closed with
strong argument for the defend
ant. Immediately after the argu-
ment was finished the court over
ruled the motion. He said, The
court is thoroughly satisfied thai
this case should be submitted tc
the Jury. If l felt differently
would not hesitate OF so rule. he
explained that he would not review
the evidence in a written opinion
because there were two more de-
PENDANTS to be tried later. Oar
row stated that he wanted little
time to prepare before opening tht
case for the defense so the cour
adjourned from Friday afternoon