The Oskaloosa herald., 1907-06-27
ORDER OF ACQU|TTAL
REFUSED BY COURT
HAYWOOD DEFENSE REQUIRED
70 PRESENT EVIDENCE.
OPENS ITS CASE MONDAY
Prosecution Rests After Having
Offered Final Testimony as to
Remittances to Orchard
and Adams.

Boise, Idaho, June 22.-When the
state Friday closed It's case against
William ID. Haywood, charged with
the murder of Frank Steunenberg, the
defense made an unsuccessful attempt
to secure from the court an order
directing the jury to acquit the pris-
oner Judge Woods ruling, which re-
qufres the defense to meet with evil
dence the case that the state has pre-
scented, was made at Sis o'clock, and
1t was then arranged that Haywood's
counsel should make their opening
statement and present their first tes-
timony on Monday next.
State Winds Up Its Case.
When court opened Friday morn.
ing 1t was stipulated that the record
should show that the date of the draft
sent by Haywood to Jack Simpkins
late in 1905 was December 81, and
after that the prosecution proceeded
to show by handwriting expert that
George Pettibone, using the names Of
81. Wolff" and Up. Bone" made two
remittances of money to Harry Or.
chard at San Francisco through the
Pacific Postal Telegraph company in
the fall Of 1904. The state next called
Jim Seahorn, colored horse trader,
who swore that he sold a horse and
buggy to Orchard in Denver in 1905,
and identified Haywood as one of the
men who rode with Orchard. After
that the defense admitted that in
June. 1903, Haywood sent SIS to
Steve Adams at Ogden and when the
necessary showing had been made on
the record the prosecution formally
rested.
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.
Argument for Acquittal.
Attorney E. F. Richardson made the
principal argument in support of the
motion in a long, carefully prepared
and eloquent address. He took for
his guide the Idaho statute which for
bids conviction upon the uncorrobor-
ated testimony of an accomplish and
quoted many authorities in support
of his contention that there must be
convincing confederation entirely in
dependent of the testimony of the
accomplice, and made an analysis of
all the testimony offered. He declared
that none of the testimony could
stand without Of hnr 20
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 and that the statute for
babe conviction under those circum-
stances.
Senator Borah Replies.
Senator Borah, who alone spoke for
the state, argued with like force and
eloquence that Haywood's connection
has been independently shown and
that Orchards testimony has been
corroborated by independent circum-
stances and evidence. He also sub
mitted general argument to show
that the state had established the ex-
istence of a general conspiracy in
which Haywood was a participant,
and in which he strongly developed
the alleged connection Of Pettibone
and Simpkins.
Clarence Darrow, who closed, plead
ed that there was not shred of evil
dence in the case capable of standing
without the rotten thread of Or
chard's story" to sustain 1t and that
the plain provision of the Idaho stat
ute made the duty of the court clear
He ridiculed the idea of general con-
spiracy and contended that If the
most liberal allowance were made for
the entire showing of the state it
would not make out a case against
the prisoner worthy of submission
to the iury