Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-06-22

said offense, there is no testimony orr
evidence which In any wise tends ~
connect the defendant with the conf
mission Of the said offense ana the
said testimony and evidence Of the said
Harry Orchard is wholly uncorrohorat-
ed, within the meaning and intent of
section 1871 of the revised statutes OF
the state of Idaho
Wherefore, the defendant, William
u. Haywood asks the court to advise
the Jury TO return a verdict I'm favor
Of the defendant, tSigned)
"T. +. RICHARDSON,
JOHN f NttrGE%T,
PETER BREEN,
FRED MILLER.
EDGAR WILSON.
Attorneys for Defendant. William n
Haywood"
RICHARDSON'S ARGUMENT
Mr.. Richardson, who had changed his
place so as to face the bench and
standing just within the railing, com
menCed his argument at once lie
onened by reading from the statute OF
the state of Idaho. which SAYS chat
conviction cannot be had on he tes-
timony OF an accomplce unless ii is
corroborated by other evidence which
by itself and without the aid Of the
testimony of the accompiiCe tends to
connect the defendant with the commits
SION OF llle CRIME, re read al lflEIn
from authorities and opinions bearing
upon this point, and upon the uncorro-
borated testimony Of an accomplish or
co~consprator, laying stress upon the
view that the confederation must con-
meet the defendant with the actual COM
mission Of the offense. Richardson took
the testimony OF Miss Cora Peabody
as AN instance OF the failure on the part
of the state to introduce evidence
which, Independently OF the evidence pf
the accompliCe, was sufficient to permit
of an inference that tho defendant was
connected with the offense charged. He
drew attention to the fact that Miss
Peabody merely testified that she had
seen two men near her carriage on a
certain night. Orchard had said he was
there. but there was, said Mr.. Richard
son, absolutely no inden Ndent cor
rohoratiOn. The two statements taken
together might create an inference, but
Miss Peabody's evidence WAS worth
less without Orchards testimony.
Richardson mentioned other testt-
mony for the state as having utterly
failed TO connect Haywood with the
commission of the crime. He main
tanned, and quoted many authorities TO
support the contention, that the court
was authorized and under certain con-
ditions obliged, to instruct the jury TO
dismiss when the testimony of an ac-
complete was not sufficiently corrobo-
rated.
III the testimony of witness Is as
consistent with the innocence OF this de-
fendant." said Richardson, with marked
and impressive emphasis, ''if it is as
consistent with his guilt. IT Will be your
honor's duty-no matter how uupleas-
ant 1t may be-to instruct the jury that
the evidence is of no value. The evil
dence produced here does not, stand
ing by Itself. corroborate the testimony
of the accomplish Orchard or connect
the defendant with the murder of Steu-
nenberg.
There are some 200, 900 people In Den
yer, as claimed by the people who live
there, and yet, out of all these people,
they bring one lone policeman from the
beat TO say that he saw Orchard and
Haywood together not 10 exceed three
times during all the period over which
this conspiracy is supposed to have eN-
tended This is the only man-no there
is one other. colored man. who this
morning said that he saw Haywood and
Orchard together for few minutes.
The reading OF authorities continued
for over half an hour Once the court
Interrupted counsel.
IF you have any Idaho authorities,
Mr. Richardson I'd like to have them
Yes sir, am coming TO them, said
Mr.. Richardson.
Later he quoted from two Idaho cases
where there was reversal because of the
failure OF the state to convict on the
testimony OF an accomplice.
Passing from this branch Of arsu-
ment, Richardson said he would pass 10
the discussion Of the nature ana effect
OF the testimony He said he would
pass over the Caldwell witnesses. ana
named all the Caldwell witnesses. and
named all those who had peen talled 10
prove the presence of Orchard ana
Simpkins In Caldwell and the murder or
Steunenberg, None OF those witnesses
had in any way connected Haywood
with the murder Of Steunenberg.
Taking up the San Francisco Witness
es he went over the testimony OF each
witness, from Mrs SADIE Swan the
servant In the Bradley house, to the
dairyman who sold milk and the chem
isl who found poison IN Il. and at the
end OF each ruling Of the evidence
Richardson said;
There may appear some repetition
in my statements to your honor but
will repeat because | desire 10 impress
upon your honors mind. beyond
shadow of a doubt, that IN Az thl5
mass of matter there Is no basis for the
statement that this evidence connects
Haywood with the murder OF Stcuheil-
berg.
I'VE have the assistant postmaster
OF San Francisco, who testhed 10
registered letter having been received
Witnesses come here 10 show mat Or
chard, under the name OF Green re
ceived q package and telegram from
one u. Wolff" But ] maintain ihdI
beyond the uncoroborated testimony
OF Orchard there Is not one seinulle
of evidence 10 connect Haywood win
the murder of Steunenbere, ana even
II It were proved that Haywood. over
his own signature or In a signed letter