Warren sheaf. [volume] (Warren, Marshall County, Minn.) 1880-current, 1907-06-27
ORDER OF ACQUITTAL
REFUSED BY court

HAYWOOD DEFENSE REQUIRED
BY JUDGE WOOD TO PRE- b,
-. SENT EVIDENCE.
81 ~. ..ss.s,,.s q 81, ~: - : r.
Opens Its Case NEUTRALITY-SUSPICIOUS.
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 D. 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-
quires the defense to meet with evil
dence the case that the state has pre-
scented. was made at 5:15 o'clock, and
it was then arranged that Haywoods
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 it was stipulated that the record
should show that the date OF the draft
sent by Haywood to Jack Simpkins
late in 1905 was December 21, and
after that the prosecution proceeded
to show by handwriting expert that
George Pettibone, using the names of
a.. Wolff and "P. Bone" made two
remittances of money to Harry Or
chard at San Francisco through the
Pacific Postal telegraph company in
tie fall. OF 1904. The state next called
Jim Seahorn, cc,ored horse trader,
who swore that > sold a horse and
buggy to Orchard in Denver in 1875
and identified Haywood rs one OF -
men who rod" wit Cr' hard. lfte
Il al the defense admirlod that III
:, ne, 1903, Haywood sent SIS tc
Steve Adams at Ogden and Wiz IT,
necessary showing ad been made CT
,i4e record the prosecution fc------..cc =
rested.
The motion for an instruction to the
jury to acquit was by agreement pre-
scented at the afternoon session and
the jury was sent back to the jury
house out of hearing of the argument.
Pettibone and Orchard.
The prosecution succeeded Thurs
day in again showing direct connec-
ton with the store of George Petit
bone in Denver and Harry Orchard at
work on the Bradley crime in San
Francisco, and promised to make the
connection with Pettibone personally
by handwriting experts who will be
called Friday. Original records of the
Pacific Postal Telegraph company
were produced showing that in Sep
TENDER and October, 1904, remittances
of $3.50 and $4S respectively were
made, the first by 81. Wolff" and the
second by ''P. Bone" from 1925 Stout
tibone's store-to H. Green" in care
of Peter L. Huff, at 211 Taylor street,
San Francisco.
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
Miners Magazine in which Frank
Steunenherg was bitterly denounced.
pate Of $1Qg RIatt Fixed.
1t was stated Thursday night thai
the prosecution had received a tele'
gram from Denver showing that the
date on the draft for 500 sent by
William D. Haywood to Jack Simp'
kins was December 81, 1905. Orchard
testified that when Simpkins left
Caldwell after the first attempt on
the life of Frank Steunenberg he
asked him to get 500 for him. The
unsigned letter which Orchard got at
Caldwell after his arrest, and which
he said was written by George Petit
bone, one of the cQdefepdants, in,
formed him that that had been sent
to Jack" on December 21, 1905, and
that he should have received it. The
state produced the drafts sent by
Haywood to Simpkins and among
them was one for 500 sent on some
date in the eos of December, 1905
but the particular day could not be
made out because the second figure
had been cut out by the perforatol
used on the draft.
Detectives were detailed to further
! trace the 500 draft and the telegram
from Denver states that the bank rec
| ords show that December 81 was the
date of issue. The testimony involved
is of such Importance that the state
may delay closing it's case until it cal
produce it, q it may close with the
reservation that it be permitted t.
make later proof of the matter.
| ~ IT,. IL 4. .