Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1907-12-25
STATE RESTS

Closes Its Case and Mo-
ton TO Dismiss Is Denied
by the Court
Boise, Idaho. Dec. 24 The state
rested its case In the Pettibone trial
this morning after the examination
sof w. H. Gilbert, Justice of the SUI
prene court Of Colorado He testi-5
fed that on, going from his residence
to the capitol at Denver he origin
ally crossed vacant lot, but that on
the morning that VALLEY was killed
he tookf a different route. He said
that he heard an explosion an hour
after he reached his Office, that at.
noon on that .sday he examined the
place where VALLEY met his death.
i Judge Gabbert also testified that
he participated in rendering the
Meyer decision and the decision hold J
ing that the eight-hour law was un-2
constitutional. The latter decision
| was introduced in evidence.
Senator Boran announced that the
state rested and John T. Neugent for
defense, filed a motion asking that
| the jury be advised to acquit the de-
PENDANT. The jury was excused and
Judge Wood said that he was ready
to announce his conclusions on the
question of corroborative evidence
| on which authorities were submitted
early in the trial. The conclusions
! were as follows: sa5 s. l5.t:
| Evidence of confederation as to
the killing of Steunenberg as a sep
arate transaction is not sufficient to
1 warrant conviction. Conspiracy to
commit a number of crimes which
includes as an incident, or otherwise,
the killing involved, cannot be es-
tablished by uncorroborated, evidence
of an accomplish Is there in this
case any evidence of conspiracy to
commit crime, as 1ne result of which
conspiracy the crime charged was
Lcommitted and if SO, is there corro-
/ boratiye evidence enough to convict
the defendant thereon?
i Attorney Neugent argued the mo-
/ ton to advise of acquittal only briefly
/ and then took up the Idaho statutes
providing for the prosecution Of non
residents charged with crime under
Il wnich Pettibone is being tried, argu-
Il ing that it is unexplainable. He had
4 not concluded when court adjourned
flor the noon recess. s5s n
. Judge Hilton, of Denver, occupied
La seat at the table OF defense today
but was not entered as an attorney
], in the case. i. 49, III
Before hearing the argument on the
: motion for an instructed verdict 81
acquittaI filed by the defense In thu
; trial Of George A.. Pettibone, today
, Judge Wood announced his eonclu
T sions on the question of corroborativt
5 evidence and stated that there has no
) been sufficient confederation of Or
5 chard's. testimony on the killing Q
Z Gov Steunenberg alone to warran
/ CONVICTION. He also said that corroh
E Grafton was necessary to establish
: conspiracy, and invited argument a
z to whether such confederation ha
S been given by the state and whethe
3 defendant had been connected wit
VI that conspiracy. ., y5S
hi The conclusion of the court mean
n either. the jury will be in instructed t
& acquit the defendant or that the tIis
4 will proceed on the proposition thu
a the state is not required to connet
! Pettibone with the Steuenenberg mu
I der, it being only necessar to sIiot
z that a conspiracy TO murder exisfe,
III that defendant on trial was a nsenbe
4 of that conspiracy and that the xii
ing of Steunenberg was incident ther
to. 5j :s ;aa$l
In the Haywood trial Judge Woo
Y held that it was necessary for L
state to produce evidence tending,
m connect defendant with the specii
Il crime charged. independent of the te
timony of Orchard: His announe
nent today means that he will eith
q reverse that ruling or sustain Il
motion Of the defense to direct an Z
quittal. A ruling on the motion NJ
be made Thursday
lie - - 5 =s
- Thursday
NJ The Baptist prayer meeting will