The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-12-25
STATE RESTS IN
PETTIBONE CASE
Jury viii Be Instructed to AC-
quit or Judge Wood Will
Reverse Himself.
ARGUMENT ON THURSDAY
QUESTIONS OF CORROBoRATIoN
AND CONSPIRACY.

Boise, Ida, Dec. 24.-Before hearing
argument on the motion for an in
structed verdict of acquittal filed by the
defendant in the PettibOne trial today,
Judge Wood announced his conclusions
on the question of confederation evil
dence and stated that there had not
been sufficient confederation of Orch
ards testimony as to the killing OF
Governor SteHnenberg alone TO warrant
a conviction. He also said that cor
robOration was necessary TO eStaDllSh
conspiracy and invited argument as to
whether or not such confederation had
been given by the state, and whether or
not the defendant had been connected
with that conspiracy. The conclusion
of the court means that either the jury
will be instructed to acquit the defend
ant or that the trial will proceed on the
proposition that the state is not required
TO connect PettibOne with the Steunen-
berg murder. ii being only necessary to
show that a conspiracy to murder ex-
listed. that the defendant on trial was a
member of that conspiracy and that the
killing of Steunenberg was an incident
thereto.
Meaning of the Announcement.
In the Haywood trial Judge Wood
held that it was necessary for the state
TO produce evidence tending to connect
the defendant with the specific crime
charged, Independent of the testimony
of Orchard. His announcement today
means that he will either reverse that
ruling or sustain the motion of the de-
Tense to direct an acquittal. A ruling
on the motion will be made Thursday.
Judge Wood directed the defense to be
ready to proceed with its case at that
time in the event the motion was not
sustained.
Gabbert's Story.
The state rested its case in the Pet
tibOne trial this morning after the ex-
animation of w. II, Gabbert, justice of
the supreme court of Colorado. He
testified that on going from his resi-
dence to the capitol at Denver he or
dinarily crossed a vacant lot, but that
on the morning that Valley was killed
he took a different route. He said he
heard an explosion an hour after he
reached his office and that at noon on
that day he examined the place where
Valley met his death. Judge Gabbert
also testified that he participated in
rendering the Meyer decision and the
decision holding the eight hour law I'M
constitutional The latter decision was
introduced in evidence. Senator BOrah
announced that the state rested.
Motion to Acquit.
John F. Nugent, for the defense, fled
a motion asking that the jury be ad-
vised to acquit the defendant. The Jury
was excused and Judge Wood an
nounced that he was ready to announce
his conclusions on the question of cor
robOrate evidence on which authorities
were submitted early in the trial. The
conclusions We're as follows: Evidence
of confederation as TO the killing OF
Steunenberg as a separate transaction
is not sufficient to warrant a conviction.
Conspiracy to commit a number of
crimes which includes as an incident or
otherwise, the killing involved. cannot
be established by uncOrroborated evil
dence of an acconplice.
Is there. in this case, any evidence of
conspiracy to commit crime, as a re-
suit of which conspiracy the crime
charged was committed, and if so is
there sufficient corroborative evidence
TO convict the defendant?
Nugent's Argument.
Mr.. Nugert argued the motion TO ad-
wise a verdict of acquittal only briefly.
and then took up the Idaho statute
residents charged with crime, under
which Pettibone is being tried, argu-
ing that it is unconstitutional. He had
not concluded when court adjourned
for the noon recess. Judge Hilton of
Denver occupied a seat at the table of
Continued on Page 2.