Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-06-21
WILL ASK FOR AN ACoUITTAL.
sim Seahorn Horse Dealer, Iden-
titled Defendant as Man He
Saw With Orchard.
Says Bill of Sale Was Made to Petit
bone But That Orchard Paid Him
He Was States Final Witness.

Boise, Ida, June 21.--The state this
morning made its last tender of evil
dence against William d. Haywood on
trial for the alleged murder of Frank
Steunenberg, and the lead is now with
the defense, which will this afternoon
ask for an instructed verdict for the
prisoner.
Two important pieces of testimony
were offered this morning. Charles s.
Kingsley, a hand writing expert, tes-
tilted that the writing of the waivers on
the money kilograms sent from Petit
bones store in Denver in the name OF
y. Wolff and "P. Bone" TO III
Green In San Francisco was done by
the same hand that penned Petitioners
letter TO John l.. Stems.
A stipulation by the defense admit
ting the fact that Haywood telegraphed
money to Steve Adams at Ogden in
1908, and a ruling by the court deny
ing admission to the dissenting opin-
ion IN the Meyer habeas corpus case in
Colorado, cleared the direct work of
the prosecution, and opened the way 10
the plea and case of the defense.
FEW PRESENT
When the trial was resumed at $50
this morning not more than 100 people
occupied seats outside the bar, OF these
al least 40 We're witnesses. Haywood's
mother sat on his immediate right and.
she. with the prisoners sister, We're the
only members of the family present
Judge Wood first delivered a lengthy
opinion overrulins demurrer in one
of the cases before the regular term of
court.
On being directed to proceed, Senator
Rorah announced thai the state re-
ceived telesruphic Information from the
First National bank in Denver, filling
In the date on one of the drafts which
have been introduced as evidence and
on which the date had been punched
out by the file in the bank This draft
was for 800 and the bank
wires that it bears the date
of Dec. q. 1905. 1t was drawn
in favor OF J. L. Simpkins by Hay
wood. The letter produced in court
from Pettlbone to Hogan or Orchard.
received by Orchard while in Jail at
caldwell. stated that that" had been
sent to Jack" Orchard said that he
had asked for 500
The defense admitted prima facie
that the date was Dee. 81 and tho
date was recorded as evidence
w v Mccartney, The former clerk
~ the telegraph office at Denver, tes-
tilled that he did not write the waiver
of identity on the back Of the tele-
graphic money orders sent from Dem
Yer to Orchard when ON the Brad
ley mission in san Francisco
=. ), Kingsley. an attorney of
Boise, was called He qualified as an
expert In handwriting He was ask
ed TO compare Pettibone's signature
on the letter replying to the inslr-
ahce agent In Denver who asked as
10 The character of Orchard, with the
signatures Of Wolff and ''P Bone" on
me back Of the telegraphic money
orders Kingsley said that in his
opinion the signatures were written
"a ia
not cross-eNamined.
STATES LAST WITNESS.
'iim Seahorn a colnred horse deal
ef OF Denver, The next witness. testi-
1ed TO, the sale of horse and buggy
TO Haywood in Denver.
orchard had testified as to tho sale
OF the team TO Haywood. He said
lt.at the outfit WAS needed to get
ABOUT while In their work in connec-
non WITH their various underta kings
Seahorn said that Orchard came "a
MN and With him he drove TO Petit
homes place Of business. Pettihonc
came out and together they drove TO
me place he described as the location
of the headquarters OF The Western
Federation OF Miners.
Hawley W.
orchard went upstairs and camo
down with another man"
Yos, what next"
me other man got in the buggy
ana they said they would be back soon
and drove off together"
10 you know this Other man?'
Yes, sir. / have seen him"
Would yon know him MOVE"
Yes, sir."
him here" N'''' ''p
The negro looked over To the defense
siue ana pointed finger at Haywood.
MAN WAS HAYWOOD.
Yes, Sir, that's the man." he said.
iheIF WIS a pause and silence
broken only by a stir among the spec.
1t WAS the first direct connection ~
Haywood with Orchard and a strong
corroboratlon OF the Orchard story.
at?' w " ''' W" s'' ior the out
one hundred and ten dollars
Who paid you?"
MI Orchard"
You Just got the money and gave
Orchard a bin OF sale?"
no ~ The hlll Of sale was made
SO MI Pctibono."
ne described the horse as a little
hlhck mare and the vehicle as a top
buggy
seahorn was only briefly cross-eN
amlned. He said he met Orchard at
the peniteltiary after coming TO Boise
1le said hc was summoned by PInker,
Ton detectives and received his fare
bnd expenses from them IN advance
Seahorn proved 10 be the last witness
Tor the state
Senator Borah stated that with the
Exception Of proving the sending OF a
money order for s7b by the Western
Union from Haywood IN Denver 10
Steve Adams In Ogden, Utah. n 1903.
the states case was closed
Mr.. Richardson, for the dAfense said
would
could file The kilograms az soon as
they were received Senator Borah
said that the telegram would be IN
Boise by this evening.
STATE READY TO CLOSE,
with this exception then, your
honor said Senator isorah, the state
Is ready 10 close It's case
There Was SONS wranGling over tho
reading OF long opiaAGe o1nsssed IN