The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-06-22
.ACQU|TTAL PRAYER .
DENIED T \. BY COURT ! U|.|.|||.|'
Judge Wood Refused to
Instruct Jury to Re
lease Haywood.
DEFENSE WILL
GIVE EVIDENCE
Eloquent Attempt Of Lawyer to-
Show That Prisoners Guilt B
Had Not Been Proved by a
the State-Bora11 Shows
Where Orchard Was
Sustained.

Sustained.
BOISE, IDAHO, June 21.-When the 4
State to-day closed its case against \
William D. Haywood, charged with
the murder of Frank stcunenburg, the
defense made an unsuccessful attempt
to have the court direct the jury to &C -ls
quit the prisoner on the ground that
the State had not proved it's charge.
Judge Woods ruling, which requires /.
the defense to meet with evidence tho
case that the State has presented. was
made at the close OF court, and 1t was
then arranged that Haywood's counsel
should make their opening statement
and present their first testimony on
Monday. ss53rsHl & :. S,
The prosecution introduced a few
witnesses to-day to corroborate pre-
vious evidence. and then formally rest-N
ed Its case The motion for an instruc-
ton to the jury to acquit was by agree-I
ment presented at the afternoon ses-
sion, and the jury was sent to the Jury
house out Of hearing. .5
Attorney p. F. Richardson made treS5
principal argument in support Of the
motion In long. carefully prepared
and eloquent address. He took for his
guide the Idaho statute. which forblds&
conviction on the uncorroborated tes-
timony Of an accomplice, quoting many
authorities in support Of his conten-5
ton that there must be convincing cor
|roboration, entirely independent of4the
testimony Of the accomplice. He de-
clared that none OF the testimony could
stand without support of Orchards
story. and that the statute specifically
forbade It's acceptance. He argued
also that the testimony Of Orchard
was the only showing that in any way
connected Haywood with the crime,
and that the statute forbade convic-s
ton.
Says Haywood Is Guilty.
Senator Borah,- who alone for the
State argued with like force and e1os.s
quence that Haywoods s connection had
been Independently shown, and that.
Orchards testimony had been corr
rohorated by Independent circum-
stances and evidence. He also SUBJ
that the State had established the ex-4
istence Of general conspiracy, In
which Haywood was a participant.
Going over the San Francisco chap
ter, and accounting for the attempt on
Rradley. who was once manager of
the Bunker Hill and Sullivan mine. on
grounds parallel with the murder Of
Steunenberg, Senator Borah said: I:
Take what path you will. and fol-s
low which trail you will, 1t leads al Y
ways back to Denver. In San Fran
cisco we find that Orchard is sustained
| By. party whom we contend Is q
member OF this conspiracy, and known
not as Harry Orchard nor as Thomas
Hogan. but as Jack Dempsey and
Harry Green. Why? This money was
sent to him by Pettibone, who COM
mitted forgery in doing So" q
Important Link Here.
Senator Borah contended that tha
letter written by Haywood to Mrs.
Orchard, telling her that her husband
was In Alaska, when he was really in
pursuit Of former Governor Steunen-.l
berg. was circumstance independent
OF Orchards testimony that connected
Haywood with the crime. He declared
that when Haywood wrote the letter.
Orchard was at Caldwell. with Simp-t
kins, one OF the leaders OF the Western
Federation OF Miners, planting bomb
/ for Steunenherg.
Clarence S. Darrow closed for the de-
Tense. He ridiculed the idea Of a gem
eral conspiracy and contended that Il
i the most liberal allowances were made
for the entire showing OF the State II
would not make out a case against
the prisoner worthy of submission to
the jury y
Mr.. barrow Warmed Up.
Mr.. Darrow warmed up when he
reached the articles in the Miners'
| magazine. why, the man (Haywood)}
was q miner working In the bowels Of
the earth In Silver City, he said, when
the most violent articles In the Maga-
i zine were written. Since this man boz
came an officer of the organization.
\ the mildest articles have appeared
Within the last four years Steunen-l
berg's name has not appeared In the
Miners Magazine. It would be better
to shut down the printing presses and
abolish newspapers II. because OF solla
\ lintemperate criticism, editors OF news
papers were to ba charged with con-
spiracy and put In danger OF thelr,
lives"
Haywood Ignorant OF Crime. '4
Mr.. Darrow sketched through the
4 evidence, and, like Richardson, main-
tanned that without Orchard there was
no evidence to show that any officer
or member OF the Western Federation
OF Miners knew anything about the
crimes to which Orchard testified, h
/ Crimes had been committed and Or-
chard said he was the guilty man, but
there was no one else to prove that
! Orchard was there. sfs
"Where Is there witness III this
case who has ever heard a lisp OF
Haywood's connection with this cons
spiracy? We have nothing but the
! testimony OF man who Is trying 10
convict three men to save his own
,ife."
In conclusion, he appealed to the
court to dismiss the case.
i Refused to- Diamiss. 5s
Judge Wood Immediately announced
i his decision, refusing the motion.
\ THE court is thoroughly SATISFIED