The Montgomery advertiser., 1907-06-22

of all these people they bring one lons policeman from the beat to say he saw Orchard and Haywood together not tc exceed three time during all the period over which this conspiracy Is supposed to have extended. This Is the only man-no, there is another. colored man who this morning on the stand said that he saw Haywood and Or chard together for a few minutes" The reading of authorities continued for over half an hour. Once the court Interrupted counsel. .s
 If you have any Idaho authorities. Mir. Richardson, I'd like to have them. ? "Yes. sir; I am coming to them" said Mir. Richardson.
 cases where there was a reversal be- cause of the failure of the State to convict on the testimony of an accom- plice.
 He said he would pass over the Gala we'll witnesses and named all those who had been called to prove the presence of Orchard and Simpkins in Caldwell and the murder of Steunen- berg. None of these witnesses had in any way connected Haywood with the murder of Steunenberg.
 Taking up the San Franisco wit nesses he went over the testimony Of each witness from Mrs. Sadie Swan. the servant in the Bradley house, to the dairyman who sold the milk and the chemist who found poison in 1t and at each review of the evidencA MT. Richardson said:
 There may appear some repetition in my statements to you honor but I will repeat because desire to fm- press upon your honer's mind beyond a shadow of doubt that in all>this mass of matter there is no basis for the statement that this idence conn ects Haywood win the murder of Steunen- berg"
 Quickly passing through the vindi- cator Mine and Colorado incidents. Mir. Richardson named the witnesses and in each case impressively insisted that Haywood had not been connected by the testimony unless Orchards testi- mony was used to bolster 1t up.
 Taking up the drafts issued to Hay wood in favor of Jack Simpkins, Rich ardson said these were innocent trans actions. He dwelt at some length cn the draft dated December 21. 1905, in favor of Simpkins
 This, too. was an innocent transac- tion, and only Orchard proves any con- nection. You are obliged to leave Or chard out"
 At this point, Mir. Richardson,s ar gument remained centered for longer time than any he had covered. He traced the draft and concluded that the evidence was useless as showing Hay woods connection. Here Richardson, changing his manner. raised his voice
 T would say to your honor. he shouted, "that if Haywood was guilty of the blowing up of the Vindicator Mine, whcih he is not; if he had been guilty of the attempt on Gabbert, which he is not; if Haywood were guilty of fn nf which he is not; if he killed Valley. which he did not; if he planned to kill Bradley, which he did not; if all these things were true. which they are not all this would be insufficient to con- vict him of a crime on the body of Steunenberg. These were all crimes committed in States other than the State of Idaho, and this man Haywood stands charged only with @ crime com mitted within the borders of the State of Idaho.
 We come, therefore, to the proposi- tion-by whom does this man stand connected with the murder of Steunen- berg?"
 Here for the first time Richardson turned to the witness chanr and shook his clenched hand at the place where Orchard sat for nearly week under his cross-examination. As he referred to Orchard he hissed the words and turned from the chair with ses- ture expressive of the most contempt
 Governor Peabody came here. He has been interviewed everywhere in this country and through many States, has announced the things he would testify to when he got here. When he gets here, what does he do? He te1As us that after giving up office he went to his home in Canyon City and com H-y | H. 0raA Aat some one pointed out to him man as Thomas Hogan. That's all"
 Now, your honr, have shown you the law. and have given you the facts as to the evidence. have presented this case with all candor
 "This case has been discussed from one end of the country to the other by the newspapers and all the people until we found 1t extremely difficult to get jury. It seems to me to have to leave this jury free this county Is to leave it to passion and prejudice, when the rules of law ought to dispose of 1t here and now. If this were an or dinary case, I believe no court would be slow to act along with the motion we have filed here, but your honor is only human as all of us are human. ask your honor to separate the judge from the humanity that controls us all. Here is the fattest case ever presented to a court of law, if we leave out the testimony of Orchard, the criminal, whose testimony shows. him to be the greatest criminal of the ages. Here is a case that has fallen fiat without or- chard, and all the testimony falls to the ground without the aid of this foul fiend of many crimes, and this is all the Pinkertons can produce to us after more than a year of work.
 q ask your honor to instruct the jury to sign a verdict acquitting this de- fendant."
 Senator Borah then followed in oppo- sition. and Clarence Darrow closed for the defense. Judge Wood overruled the motion and ordered the defense to proceed with the introduction of evil dence.