New-York tribune., 1907-06-22
DETAILS OF THE TRIAL.
arguments Of State and Defence on
Notion to Dismiss.

Boise. June a.-When the Haywood trial was re
sumed this morning not more than one hundred
persons occupied seats outside the bar: OF these
at least forty witnesses Haywoods mother
sat on his immediate right. and she and the pris-
oner's sister were the only members OF his family
present.
Judge Wood first delivered a long opinion. over
ruling demurrer in OF the cases before the
regular term OF court.
on being directed TO proceed Senator Borah
nounced that tho state had received telegraphlc
information from tho First National Bank OF Den
fixing the date OF the drafts which
have been introduced evidence and upon which
tho date had been punched out by the file In the
bank. This draft for 500. and the bank tele-
graphcd that Il bore the date OF December o. 1905
Il was drawn In favor OF J. l. Simpkns by Hay
wood. The letter produced IN court from Pettiboue
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 defence admitted prilna facie that the date
was December q, and tho date was recorded
evidence.
W. V. Mccartney. the former clerk IN the tele-
graph Office at Denver. testified that he did not
write the waiver Of Identity the back OF the
teiegraphio money orders sent from Denver to
Orchard when tho Bradley mission in san
Francisco. G. 5. Kingsley an attorney Of Boise.
was called. lie qualified as an expert IN hand
writing. lie was asked TO compare Pettibone's
signature on the letter replying to tho insurance
agent In Denver. who asked TO the character OF
orchard. with the signatures OF Woln and "P
Bone" the back OF tho tcleGraphic money
orders. Kingsley said that IN hts opinion tho
signatures were written by one and the Same per
son. He was not cross-examined.
Jim Seahorn. negro horse dealer OF Denver
the next witness. testified 70 the sale OF Il horse
and buggy TO Haywood in Denver.
Orchard had testified the sale OF the outfit
to Haywood. He said that II needed in con
necton with their various undertakings.
Seahorn said that Orchard drove with him 70
Pettbone's place OF business. Pettbone came out
and together they drove to the place he described
as the headquarters Of tho Western Federation OF
Miners
What happened then2' asked Mr. HawIey
Orchard went upstairs and came down with an
other man"
Yes. What next?"
The other man got In the buggy and they said
they would be back soon. and drove off together
DO you know this other manT'
Yes. sir, have seen him"
Would you know him now "
'Yes sir"
Look around and say II you can see him here"
HORSE DEALER IDENTIFIES HAYWOOD.
The negro looked over the defence's side and
pointed n finger at Haywood.
Yes sir, that's tho man. he said
There were pause and silence. broken only by
a stir among the spectators. II was the first
direct connection OF Haywood with Orchard and
strong corroboretion of the Orchard story.
How much did you get for the Outfit?''
zone hundred and ten dollars
who paid your"
Mr. Orchard"
You Just got the money and gave Orchard
bin OF saler.
NO sir. The bill OF sale was made to Mr.. Petit
bone"
The negro described the horse as little black
and the vehicle top buggy.
seahorn was only briefly cross-examned He
said he met Orchard at the penitentary after COM
ing to Boise. He said he summoned by
Pinkerton detectives and received his fare ana
expenses from them in advance.
Seahorn proved TO be the last witness for the
state.
Senator Borah stated that with the exception Of
proving the sending OF a money order for SIS by
the Western Union from Haywood in Denver 10
steve Adams in Ogden. Utah. in 19O3 the states
closed.
Mr. Richardson, for the defence said that they
would agree that the state could le the kilograms
us soon as they were received. Senator Borah said
that the kilograms would be in Boise by this even
ing.
With this exception. your honor" said Senator
Borah, ''the state is ready to close its case
There was some wrangling over the reading of a
long opinion delivered In tho Colorado courts and
which the defence said should be read as It had
been offered in evidence for tho state. Judge Wood
looked over the decision and denied the motion
that it be read to the jury. This closed the states
case. and at 10 70 the court adjourned until 1880
p. m.
When court called to order after tho recess
F. r. Richardson, for the defence, announced that
he had filed a motion with the clerk OF the court
Judge Wood dismissed the jury, In charge of the
bafrs. pending the reading of the motion and the
argument.
The motion averred that the only TESTIMONY, tend
ing to connect Haywood with the crime was that
OF Orchard; that Orchards testimony was uncor-
roborated by any evidence which Of itself tended
TO connect Haywood with tho crime that the cor
robOration was insufficient that all of the testI-
mony insufficient that all the testimony was
insufficient upon which 10 found verdict; that
the evidence failed TO show knowledge OF the
crime the part OF Haywood. and that the evil
dence failed to show the presence OF the accused
man or that he aided or abetted the crime
RICHARDSON OPENS ARGUMENT
Mr.. Richardson began his argument at once
reading from the state statute. which SAYS that n
conviction cannot be had the testimony of an
accomplice unless II is corroborated by other evil
dence, which by itself and without the aid OF the
aCcOmplice he
defendant with the commission of the crime
IF the testimony of witness is consistent with
the innocence of this defendant said Richardson.
as 1t is consistent with his guilt, it will be your