The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-06-21
Evidence of the Prosecution in
Haywood Case All In.
Handwriting Expert Is Among
Last Witnesses Called.
HAYWOOD IDENTIFIED
By Negro as a Party to Horse
Trade in Denver.
Dissenting Opinion i'm Habeas
Corpus Case Ruled Out.

| Boise, Idaho, June 21.-The state
| this morning made it's last tender of
evidence against William D. Haywood,
on trial for the alleged murder of
Frank Steunenberg and the lead is
now with the defense, which will this
afternoon ask for an instructed YER
dict for the prisoner. Two important
pieces of testimony were offered this
morning. Charles S. Kingsley, hand
writing expert, testified that the writ
ing on the wavers of Identification on
kilograms sent from Denver in the
names of 81. Wolff'' and "P. Bone" to
III. Green" in San Francisco, was done
by the same hand that penned Petit
bones letter to John L. Stearns A
stipulation by the defense admitting
the fact that Haywood telegraphed
money to Steve Adams in Ogden in
1908. and ruling by the court deny
ing the dissenting opinion in the Meyer
habeas corpus case in Colorado, clear
ed the direct work by the prosecution
and opened the way to the plea and
the case of the defense.
Proceedings in Detail.
When the trial was resumed at $50
this morning not more than 100 peo-
pie occupied seats outside the bar, of
these at least forty were witnesses
HaywOod'S mother sat on his fmrne-
diate right and she, with the prison
er'S sister, were the only members of
his family present
Judge Wood first delivered a lengthy
opinion overruling a demurrer in one
of the cases before the regular term of
court.
On being directed to proceed Sena-
tor Borah announced that the state
had received telegraphic Information
from the First National bank in Dem
yer, fixing the date on one of the
drafts which have been introduced as
evidence and upon which the date had
been punched out by the file in the
bank. This draft was for 500 and the
bank wires that it bears the date of
December 21. 1905. 1t was. drawn in
favor of j. Z. Simpkins of Havwood
The letter produced in court from PET
tibone to Hogan or Orchard, received
by Orchard while in Jail at CaIdweIl
stated that that" had been sent to
Jack" Orchard haid he had asked
The defense admitted prima facie
that the date was December 21. and
the date was recorded as evidence.
W. v. Mccartney, the former clerk
in the telegraph office at Denver. tes-
titled that he did not write the waiver
of identity on the back of the tele-
graphic money orders sent from Dem
yer to Orchard when on the Bradley
mission in San Francisco.
Hand Writing Expert Called.
c. S. Kingsley, an attorney of Boise.
was called. He qualified as an expert
in handwriting. He was asked to
compare Pettibone's signature on the
letter replying to the insurance agent
in Denver. who asked as to the charac-
ter of Orchard, with the signatures of |
Wolff and "P. Bone" on the back of
the telegraphic money orders. Kings |
ley said that in his opinion the sigma |
lures were written by one and the
same person. He was not cross ex-
amined.
Jim Seahorn, colored horse dealer |
of Denver, the next witness testified |
to the sale of a horse and buggy to |
Haywood in Denver. Orchard had |
testified as to the sale of the team to |
Haywood. He said that the outfit was
needed to get about while at work in |
connection with their various under
takings. Seahorn said that Orchard |
came to him and with him he drove |
to Pettibone's place of business. Petit |
bone came out and together they drove |
to the place he described, as the loca-
ton of the headquarters of the West
ern Federation Of Miners.
What happened then?" asked Mr..
Hawley.
Orchard went upstairs and came
down with another man."
"Yes, what next?"
The Other Man.
1.-The other man got in the buggy
and they said they would be back soon
and drove off together
do you know this other man -
"Yes sir, I have seen him.
Would you know him now?'
Yes
Look around and see if you can see
him here"
The negro looked over the defense's
side and pointed a finger at Haywood.
Yes sir, that's the man. he said.
There was a pause and a silence brolz-
en- only by stir among the spectators.
1t was the first direct connection of
Haywood with Orchard and a strong
of the Orchard story
How much did you get for the out
ft?"
"s11o"
"Who paid your"
''Mr Orchard"
You just got the money and gave
Orchard a bill of sale?"
mo sir. The bill of sale was made to
Mr. Pettibone."
He described the horse as a little
black mare and the vehicle as a top
buggy Seahorn was only briefly cross
examined. He said he met Orchard at
the penitentiary after coming to Boise.
He said he was summoned by Pinkerton
detectives and received his fare and ex-
penses from them in advance.
Seahorn proved to be the last witness
for the state.
State Closes.
Senator Borah stated that with the
exception of proving the sending of
money order for SIS by the Western
Union from Haywood in Denver to
Steve Adams in Ogden. Utah, in 1903,
the states case was closed
Mr.. Richardson, for the defense,
said that they would agree that the
state could file the kilograms as soon
said that the kilograms would be in
Boise by this evening.
with this exception. then. your