Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-12-31
STATE QUITE NON PLUSSED,
Senator Borah Asked for a Re-
cess, Which Was Granted,
To Consider Proposition.
50 Far a. Further Proceedings Are
Concerned Il Hangs on Instruc-
lions of Court.

Boise. Ida. Dec. 3l.-Eveuts moved
with swifness in the Petubone trial
today. When court convened this morn
ing the defendant was at his place, but
showed plainly the effects Of his ill-
ness. Judge Hilton. who only yester-
Gay became associated with counsel
for the defense. arose. after the for
malities Of opening court had been com
cluded and announced that the defense
would rest its case and offer 20 submit
81 to the jury without argument This
announcement came as . complete sur
price TO the state Hilton said that he
had gone over all the testimony aud as
the state had failed 70 connect the de-
PENDANT with the crime charged in the
indictment. it had been decided TO offer
no further testimony. Senator Borah
asked for a recess IN order that the
proposition % the tefense might be
considered, and Jus5. Wood granted
the request. Aftef a brief conference
OF the states attorneys Senator Borah
stated 10 the court that the question OF
dispensing with the arguments could
not be settled until the Instructions Of
the court had been examined Judge
Wood then announced that he would
have his Instructions ready by Thurs
day morning. and after he had instruct
ed attorneys 10 SUBMIT their sugEes-
lions an adjournment was taken until
that time.
Tie case now hinges entirely on the
nature Of the instructions or the court
20 far as further proceedings are com
cerred. The prosecution admits that
there has been ~ corroborative EVIL
dence CONNECTING The defendant direct
ly with the killing Of steunenhorg. but
Is bssing its hope ~ conviction on the
establishing II proof of conspiracy, 20
Kin enemies - the Western Federation
Of Miners. alleging that the murder Of
steunenberg was an incident To that
conspiracy. II Judge Wood an his in
structions. holds that It is necessary
for the state to produce ind pendent
testimony showing Pettibone's conneo-
ton with the crime charged, There viii
be no argument n however the court
lnstructs that proof Of conspiracy va
Itself is sufficient, proving the state has
presented satisfactory proof that the
defendant was a member n the con-
spiracy. and that the killing of Steu-
nenberg was an incident to Il. the case
will be argued. The state has asked
that Instructions 20 this effect be given,
baslng It's request largely on the in
structions given by Judge stewart IN
the case of Paul Corcoran. who Was
convicted of conspiracy On connection
with the Occur d'Aleue troubles Of
1899. In his Instructions in the Hay
wood case Judge Wood said. 1T makes
no difference in this case. what crimes
have been committed in Colorado. IN
the Occur d Alene's or elseNh here OF
who As responsible Tor the commission
Of such crimes II any there b.. tho
defendant cannot be- convicted unless
the state has established beyond q rea-
sonahle doubt, that he Is guilty Of the
crime charged I'm the Indictment toWlt.
the killing OF Frank Steuncnberg,
Clarence barrow was not consulted
by other attorneys for the defense be-
fore the decision 10 close the case was
reached. Edgar Wilson stated that the
matter had been under consideration
for several days. The illness Of PETIT
bone, which is critical. had much 10 do
with deciding the point