The San Francisco call., 1907-06-22
Haywood'S Attorneys Plead
ElOquendy for Dismissal
Argue That State Failed to
Connect the Defendant
With the Crime

Connect the Defendant
With the Crime
BOISE, Idaho, June 21-when the
trial of Haywood was resumed at $50
O'Clock this morning not more than
100 people occupied seats outside the
bar, and of these at least 40 were wit
nesses. Haywood's mother sat on his
immediate right, and she, with the
prisoners sister, were the only men,
bers Of his family present
Judge Wood first delivered a lengthy
opinion overruling the demurrer in one
Of the cases before the regular term Of
court
On being directed to proceed, Senator Berah
announced that the state had received teIe-
graphic Information from the First national bank
r.s1 a. DenEer , hling ing IN the date on one Of The
on which the date had been punched out by the
file in the bank. This draft for 500 and
the bank wired that IL bore the date OF Deem
Der p, 1905. 1t drawn in favor of J. L.
Simpkins by Haywood.
20 hogan, or orchard, received by Orchard
while in jail at Caldwell. stated that that
Lad been sent 10 Jack" +" orehsrd said that
he had asked for 500. The defense admitted
prina facie that the date December u
and the date was recorded evidence.
W v Mccarthy. the former clerk in the
telegraph office Denver, testified that he lid
not write the waiver Of identity on the back
Of the telegraphic money orders sent from
Denver TO Orchard when on the Bradley mission
In San Francisco.
c. 5. Kingsley. an attorney Of Boise, was
called de qualified as an expert in hand
writing. He was asked to compare Pettibones
signature on the letter replying to the insurance
agent IN Denver who had asked TO the
character Of Orchard with the signature If
Moln and p. Bone the back Of the
Geographic g1 money orders kingsley said that
one and the same person. he was not cross
examined
TELLS OF BIG DEAL
Jim Seahorn, eOlored horse dealer Of Den |
yer The next witness, testified TO the sale of
a horse and buggy to Haywood in Denver.
Orchard had testified TO the purchase Of the
team by Haywood. He said that the outfit was
needed TO get about while in their work in |
connection with their various undertakings. Sea-
horn said that Orchard csme TO him and with |
Pettibone came out and together they drove to |
the place that the witness described as the |
location Of the headquarters OF the western |
federation OF miners
What happened then?'' asked Hawley.
Orchard went upstairs and came down with |
another man"
Yes what nextg''
The other man got in the buggy and they. said |
they would be back soon and drove of together" |
do you know this other MANI"
Yes, SIR. / have seen him.
hould you know him now?'
Look around and say if you can see him /
The negro looked over the defense side and |
pointed finger at Haywood. Yes, sir, that's |
the man" he said
only by stir among the spectators. (
Ii the first direct connection Of Haywood 1
with Orchard and strong confederation. of the !,
How much did you get for the outhtg'
one hundred and ten dollars
"Mr. Orchard"
. y, ,,HOu just got the money and gave Orchard
NO, sir The bin Of sale was made to Mr.
Pettibone''
Seshorn was only briefly cross examined He
after coming to Boise. He was summoned by I
Pinkerton detectives and received his fare and |
expenses from them in advance
PROSECUTION RESTS
Sedhorn proved TO be the last witness for the |
state. senator Borsh stated that with 7the /
exception Of proving the sending by Haywood |
OF a money order for SIS by the Western Union /
from Denver to Steve Adams in Ogden, Utah, /
in 1903, the states case closed.
Richardson said that the defense would agree |
mat the state could hle the kilograms ss soon /
they were received. Senator Borah said that /
the telegrans would be in Boise by this evening.
w ith this exception then, your honor, said !
Senator Borah, the state is ready 10 close its
There was some wrangling over the reading
Of long opinion delivered in the Colorado
courts, which the defense insisted should be
read as il had been offered as evidence for the /
Judge Wood looked over the decision and de-
MED the motion. This closed the states case
and at 1925 the court adjourned until 1:30 p. m.
Immediately after court was called TO order
after the recess, Richardson. for tie defense.
announced that be had fled a motion with the
eierk Of the court. Judge Wood dismissed the
jury pending the reading Of the motion and
tie subsequent argument.
The text OF the motion is as follows:
Vow on this 2lst day Of June. A. D.. 1907.
comes the above named defendant, william ID.
Haywood by his attorneys. and moves the court
to advise the jury in the above entitled case
70 @ ae5ai5 Ine aeIsnaenti vivian y, HAYWOOD;
statutes of the state Of Idaho, for the following
reasons aud each and every one Of them, to
E'irst-Because the only testimony which
tends 10 connect the defendant, William d. Hay
wood, with the homicide charged in the indict-
ment herein is that OF Harry Orchard, who tes-
titled that he was an accomplice in the CON-
mission of said offense.
.'Second-Because the testimony of the alleged
accomplice IN this case is uncorroborated by any
other evidence which in itself and without the
10 connect the defendant with the commission
al tee oaense charged
MOVES FOR DISMISSAL
Third Because the corroboration of the se-
camPiee witness in this Is not sufficient.
since IL fails TO show the commission of the
onense or the circumstances thereof in any way
which connects or tends to connect this de-
"Fomth-Becsuse the testimony in this case
Is wholly Insufficient TO warrant the rendition
ol verdict or the postponement OF sentence
thereof under section 1871 Of the revised stat
utes of the state % Idaho.
''Fiftls-BecaUSe the evidence received in this
case Is imnateTfal, Irrelevant and insufficient
e fsUud
''Siyfh-Because the evidence wholly fails to
disclose that the defendant is in any wise con
nected with or had knowledge of the perpetra-
ton ~ the ohcnse charged In the Indictment
Seventh-Becausc, while il is charged in the
Indictment that tbs defendant was personally
present a8d did commit the crime therein
charged upca the body OF Frank Steunen-
berg On about tie 30th day Of December,
1895 nevertheless. the evidence fails to disclose
that lac present or that he was either an
alder, ahettor or prOcurer adviser OF any one
connected with, who committed the alleged
oGensc- which compassed the death of the said
Frank Stenaenbere. in this, TO wit: That the
evidence which tenCs 10 connect the defendant
trial herewith Is given solely and wholly BY
one Harry Orchard, who admits that he himself
was guity Of the perpetration thereof; and I
without The aid Of the testimony OF the said
Harry Orchard. the confessed perpetrator OF the
sssd ofense. there is testimony or evidence
which ga any wise tends TO connect the defend
ant With tie commission of the said onense;
end shC said testimony and evidence OF the said
Harry Orchard is wholly uncorroborated. within
fhe meaning and intent Of section 1871 of the
Revised Statutes Of the state Of Idaho.
Wherefore. the defendant. William D. Hay
wood asks the court to advise the jury TO re-
turn verdict in favor Of the defendant.
'E T. Richardson. John F. Neugent Peter
nrccn Fred Miller, Edgar Wilson, attorneys
.. ..- slofo William n