Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1907-06-22
STATE CLOSES CASE
Evidence Against Haywood is ALI
Before the Jury.
DEFENSE MOVES ACQUTTTAL
Court is Asked to Order a Verdict Of
Not Guilty.
MOTION PROMPTLY 0vERRULED
It is Argued by Richardson, Darrow
and Borah.
ADJOURNMENT UNTIL MONDAY
MOTION PROMPTLY ovERRUI
ADJOURNMENT UNTIL MONDAY
Defense VIII Make It's Opening state
ment ana Begin Presentation of
Testimony Final wit
nesses for state.

BOISE. Idaho. June H-when the state
today closed its case against William D.
Haywood charged with the murder OF
former Governor Frank steunenberg, the
defense made an unsuccessful attempt TO
secure from the court an order directing
the jury to acquit the prisoner. Judge
Woods ruling, which requires the defense
to meet with evidence the case that the
state has presented, was made at 5:15
O'clock and It was then arranged that
Haywoods counsel should make their
opening statement and present their first
testimony on Monday next.
When the trial opened this morning It
was stipulated that the record should show
that the date OF the draft sent by Haywood
to Jack simpllins late in 1905 was December
2l and after that the prosecution pro-
ceeded to show by handwriting expert
that George Pettlbone using the names of
~ Wolff'' and "P. Bone" made two re-
mittances OF money to Harry Orchard at
San Francisco through the Pacific Postal
Telegraph company in the fall of 1904. The
state next called Jim seahorn, a colored
horse trader, who swore that he sold
horse and buggy 10 Orchard In Denver In
1905 and identified Haywood as one of the
mon who rode with Orchard After that
the defense admitted that In June 1903,
haywood sent stO " oNNNN fAudiiS at OB-
den, and when the necessary showing had
been made on the record the prosecution
formally rested.
Richardson Opens for Defense.
The motion for an instruction to the
Jury to acquit was by agreement pre-
sented at the afternoon session, and the
jury was sent back to the jury house out
OF hearing of the argument
Attorney e. f. Richardson made the
principal argument in support of the mo-
tion In a long, carefully prepared and
eloquent address. He took for his guide
the Idaho statute which forbds convic-
tion upon the uncorroborated testimony of
an accomplice and quoting many authori-
rifles In support of his contention that there
must be convincing corroboration entirely
independent OF the testimony of the ac-
complice and made an analysis OF all the
testimony offered. He declared that none
of the testimony could stand without the
support OF Orchards story. and that the
statute specifically forbade its acceptance
under those circumstances.
He also argued that the testimony OF
Orchard was the only showing that in
any way connected Haywood with the
crime that the statute forbade conviction
under those circumstances
Senator Borah, who alone spoke for the
state, argued with like force and eloquence
that Haywood's connection has been inde-
pendently shown and that Orchards tes-
imony has been corroborated by independ-
ent circumstances and evidence He also
submitted a general argument to show
that the state had established the exist
ence of general conspiracy in which
Haywood was participant. and in which
he strongly developed the alleged con-
nection of Pettibone and Simpkins.
Clarence Darrow. who closed, pleaded
that there was not q shred of evidence in
the case capable of standing without ''the
rotten thread OF Orchards story" to sus.
Ntain II and that the plain provision OF the
Idaho statute made the duty of the court
clear. He ridiculed the idea of a general
conspiracy and contended that II the most
liberal allowance were made for the en-
tire showing OF the state that 1t would
not make out a case against the prisoner
worthy OF submission to the jury.
Testimony in Detail.
Two Important pieces of testimony were
offered this morning. Charles s. Kingsley,
handwriting expert. testified that the
writing on the waivers OF the money order
kilograms sent from Pettibone's store IN
December. in the names of ~ woln'' ana
''P Bone" to H. Green" in San Fran
cisco, was done by the same hand that
Pepned Pettibones letter to John l.
Btearns
A stipulation by the defense admitting
the fact that Haywood telegraphed money
to Steve Adams at Ogden in 1903. and a
ruling by the court denying the dissenting
opinion IN the Meyer habeas corpus case
In Colorado. cleared the direct work OF the
prosecution and opened the way to the
plea and case Of the defense
When the trial was resumed at $3.50 a. m.
not more than 100 occupied seats outside
the bar. and Of these at least forty were
witnesses. Haywood's mother sat on his
Immediate right. and she with the pris-
oners sister were the only members of his
family present.
Judge Wood first delivered a lengthy
opinion overruling a demurrer In one OF
The cases before the regular term OF court
Evidence of the Drafts.
On being directed to proceed Senator Bo-
rah announced that the state had received
lelegraphic information from the First Ma
tional bank OF Denver fixing the date on
one OF the drafts which have been intro
duced as evidence and upon which the
date had been punched out by the fle In
the bank. This draft was for 500, and
the bank wires that It bears the date OF
December q. 1905. 1t was drawn in favor
Of J. l. simplNlns by Haywood. The letter
produced In court from Pettibons TO Ho-
gan, or Orchard. received by Orchard
while in Jail at Caldwell. stated that that
had been sent to Jack" Orchard, ana that
he had asked for 500
The defense admitted pTima facie that ths
tate was December a and the date was
recorded as evidence.
w, v. Mccartney. the former clerk IN
The telegraph once At Denver. testined
that he did not write the waiver Of Identity
IN the back OF the teiegraphie money
Drders sent from Denver TO Orchard. when
IN the Bradley mission In San Francisco.
Hand ,Writins Expert ON stand.
c. 8. Kingsley. an attorney OF Boise. was
called. He qualified as an expert IN hand