The Chanute times. [volume] (Chanute, Kan.) 1897-1913, 1907-06-28
bomb itself IL giant caps and two
wrappers torn from sticks OF giant
powder were saved as evidence.

bomb itself IL giant caps and two
wrappers torn from sticks OF giant
powder were saved as evidence.
Boise, Idaho, June 21.-The jury
was not brought into court Thursday
morning until after Judge woodward
handed down his opinion as 20 the ad-
instability of certain articles from the
Miners Magazine as showing the ami
mus of the controlling officers of the
Western Federation of Miners toWrc
former Gov. Steunenberg aui others.
Judge Wood said he had decided that
many of the articles should be accept
ed These were the ones printed prior
to the death of Gov Steunenberg. AS
to articles subsequent to that date,
the court declared it had some doubt
and would resolve that doubt IN FAVOR
of the defendant
For the rest it was a day of read
ing. with Senator Borah as first read
err. Judge Wood admitted many OF the
strongly worded articles OF the MIN
er's Magazine in which Frank Steun-
enberg was bitterly denounced and as
one after another they were let IN
Borah read them to the jury. THESE
were admitted as showing the animus
of the federation officials against
Steunenberg and showing anImus
against Justice Goddard and Gabbert of
the supreme court of Colorado whom
Harry Orchard swore he tried many
times to kill. The state introduced
in evidence the decisions of those
Judges on the Colorado eight hour law
and the habeas corpus applications of
Charles H. Meyer.
To practically every piece of tes-'
timony offered objection. then made
motion to strike out, and lastly TOOK
an exception on the record. To all
evidence connected with the general
conspiracy alleged by the state the OBJ
jections of the defense included the
proposition that the acts shown were
not binding on the defendant, and thai
they were not connected with the
Steunenberg murder and there was fire.
uuent objection to the evidence Of
fered to corroborate the testimony of
Harry Orchard, an alleged accomplish
in the manner provided by the state.
Boise, d. June 2.-When the state
Friday closed its case against William
d. Haywood, charged with the murder
of Frank Steunenberg, the defense
made an unsuccessful attempt to Sc
cure from the court an order directing
the jury to acquit the prisoner. Judge
Woods ruling which requires the de-
tense to meet with evidence the case
that the state has presented, was made
at Sis o'clock and it was then ar
ranged that Haywood's counsel should
make their opening statement and
present their first testimony on Mon
day next.
Attorney E. R. Richardson made the
principal argument in support of the
motion in a long, carefully prepared
and eloquent argument.
He took for his guide the Idaho stat
ute which forbids conviction upon the
uncorroborated testimony of an accom-
plice and quoting many authorities in
support of his contention that there
must be convincing confederation en-
| tirely Independent of the testimony of
the accomplice and made an analysis
of all the testimony offered. He de-
clared that none of the testimony
could stand without the support of
Orchards story, and that the statute
specifically forbade it's acceptance I'M
der 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 forbade
conviction under those circumstances.
Senator Borah, who alone spoke for
the state, argued with like force and
elouuence, that Heywood'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 barrow, who closed, plead
ed that there was not a shred of evil
dence in the case capable of standing
without "the rotton thread of Or
chard's story" to sustain it and that
the plain provision OF the Idaho stat
ute made the duty of the court clear.