The Washington herald., 1907-06-22

Boise, June 21.-The State rested its
case this morning in the prosecution Of
William D. Haywood for the murder of
ex-Gov. Steunenberg, and all this after
noon there was a perfect futile flow of
words from the lawyers engaged in the
case
They talked from ! 80 until after 5, and
then the court did precisely what every
body knew would be done before the
talking began. namely. overruled the mo
tion Of the defense that the jury be ad-
vised by the court TO return verdict Of
acquittal before hearing any evidence
from the defense.
Nobody at all concerned in the case. in
Guiding counsel for the defense. has any
notion that the motion to dismiss was
anything but a formality. That the court
would take this far celebrated case from
the jury's hand was not to be for mo-
ment thought OF. especially in view of the
fact that the charge is one Of conspiracy
and that two men besides Haywood are
10 be tried upon the same charge and on
pretty much the same evidence. But
Messrs. Darrow and Richardson we're af-
forded by the motion with an opportunity
10 declaim concerning the innocence Of
their client in flaming words. which will
undoubtedly be reprinted at length. no
matter what the jury does with Haywood.
None Of the argument was heard by the
jury.
handwriting Expert TestifieS'
The jury's part in the days doings was
confined strictly 20 the morning. At the
brief session held before noon some eX-
tremely important evidence was admitted.
Charles s. Kingsley, a handwriting eX-
pert. testified that ne had examined the
applications for money orders TO be tele-
graphed TO H. Green in san Francisco,
I'm the fall Of 1904. which were signed by
"P. Bone" and j. Wolf" and that they
were in the same handwriting as the let
ter which recommends Thomas Hogan
(Orchard for a life insurance agency job,
and which is admitted to be in the hand
writing of Fettibone.
The expert was not cross-eXamined
at all, and apparently there will be no
effort 10 deny that Pettibone sent money
10 Orchard while the latter was in San
Francisco the same fail the attempts on
Bradleys life were made.
The attitude Of the jury while the eX-
pert was testifying was most significant.
Half of them leaned forward in their
seats and none of them took their eyes
of the witness from the time the purpose
of his testimony became clear until he
left the stand. The jurors then looked
at all three Of the exhibits together and
compared the handwriting. L did not
need an expert TO see that PettibOne was
y. Wolff and ''P. Bone as well.
The last witness Of the State was Will
fam SeahOrn, a Denver negro. who runs
a livery stable in that city He told Of
being sent to PettibOne's store with a
horse and buggy one time in the summer
of 1905. Here he said a man, whom he
had subsequently learned 10 have been
Harry Orchard. came out and got in and
told him to drive to Laramie and Fif-
tcenth streets. where Haywood lived Or
Chard went into the house and soon came
out with Haywood. After that Haywood
and Orchard got into the buggy and drove
off 70 try the horse They came back
pretty soon and an hour later Orchard
paid him $40 for the horse and buggy,
though the bill Of sale was made out in
Pettibone's name.
Orchard CorrOborated.
This testimony was offered 10 corrobo-
rate Orchards statement that when he
and Pettbone talked with Haywood about
killing Sherman Bell, Haywood and Pet
tibone arranged so they could drive out
around Bells house evenings In the effort
10 get a chance to shoot him.
Perhaps the most important happen
ings Of the morning We're the agreement
Of the defense to conCede that the date
on the draft made payable in December.
1905, by Haywood to Jack Simpkins was
December p. This was the date that was
partly obIiterated by the banks punch
mark.
Adjournment was ordered until Mon
day morning, when Clarence Darrow will
open for the defense. and the hearing Of
the defense's testimony will follow. The
defense will be principally a general de