The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1907-06-22

chard. with the signature Of Wolff and
Bone on the back OF the Geographic
money orders. Kingsley said tha! In his
opinion the signatures were written nv
one and the same person. He was not
cross examined
Reverts to Haywood,
Jim Seahorn, coored horse dealer of
Denver, the next witness, testified 20 The
IN Denver. Orchard had testified as TO
the sale Of the team to Haywood He
sald mat the outfit was needed TO get
about while in their work IN connect, ion
with their various undertakings
Seahorn said that Orchard came to him
ana with him he drove 10 Petitioners
and together they drove to The place he
described as tre location of the head
quarters OF the Western Federation OF
Miners.
What happened them" asked Mr.
Hawley
Orchard went upstairs and came down
with another man
Yes; what nexI?''
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. nave seen him"
Would YOU know him now?'
Yes. sir.
Look around and say II you can see
The negro looked over to the. defense
SIDE and pointed Il finger at Haywood
Yes. sir; that's the man, he said:
There was Il pause and silence broken
only by stir among the spectators
IL WAS the first direct connection of
Haywood with Orchard and strong cor
roboratlon Of the Orchard story.
How much aid you get for the out
ft?'' asked Mr. Richardson in cross-sX-
animation.
$40"
"Who paid you?"
Mr.. Orchard"
You jus, got the money and gave
Orchard bill or sale?''
mo, sir. The bill OF sale was made
10 Mr.. Peitibone.
He described the horse as little black
mare and the vehicle a top buggy.
Summoned by Pinkertons.
Seahorn was only briefly cross exam
ined. He said he met Orchard Al the
penitenttary after coming 10 Boise. He
said lie summoned by Pinkerton de-
tectives and received his iare and cX-
penscs from them in advance.
SeahoTn proved 10 be the last witness
for the state.
Senator Borah stated that with the eH-
ceptlon OF proving the sending of a money
order for $I5 by the Western Union from
Haywood in Denver. TO Steve Adams In
Ogden, Utah, IN 1903, the States case
was closed.
that they would agree that the state
could file the kilograms as soon as they
were received, Senator Borah said that
the telegrams would be in Boise by this
with this exception. then your
Honor said Senator Borah. The State
is ready TO close It's case"
There was some wrangling over the
reading Of a long opinion delivered ~ the
Colorado courts and which. the defense
said, should be read, as II had been Of
Judge Wood looked over the decision
and denied the motion that " be read 10
the jury This then closed the State s
case. and at 1925 the court adjourned
until so u. III.
Immediately after court was called to
order after the recess, Il. F Richardson;
| for the defense. announced that he mad
! fled 2 motion with the clerk OF the court.
Judge Wood dismissed the jury. in charge
of the halliffs. pending the reading OF the
motion and the argument.
Motion for Acquittsl.
The text OF the motion is as follows
Now on this 2ist day Of June. A u
! William n Haywood, by his attorneys,
| and moves thc court TO advise the JURY
| in the above entitled case 70 acquit the
! defendant William y. Haywood, In ac-
! cordance with section 1917 OF the Revised
| Statutes OF the State Of Idaho, for the
following reasons and each and every one
.F,rstLBecause l4iTst the only testimony
which tends To connect the delendant.
| william -. Haywood. with the homicide
| charged In the Indictment herein is that
| OF Harry Orchard. who testified that he
was gu accompice in the commission OF
said onense.
"Second-Because the testimony OF INC
| alleged accomplce in this case is uncor-
/ roboratcd Nv any other evidence which,
in itself and without tho aid Of the teS-
| timonv Of the accomplice, tends 10 con
| meet the defendant with the commission
| Of the offense charged.
"Third-Because the corroboratlon ol
| Tho accomplice witness In this case Is no.
sufficient, since IL fails TO show the com
mission OF the offense or the clrcum
stances thereof In any way Which eihe
connects OF tends TO connect this defend
ant herewith. n,i,
"Tourth-Recause the testimony IN this
ease Is wholly insufficient to warrant the
rendition Of a verdict or the pronounce
ment of sentence thereof, under sectioI
7s7i Of the Revised Statutes Of the Stat'
OF Idaho.
"Fifth-Recause the evidence received
In the case Is lmmaterial. irrelevant ant
Insufficient upon which to found a yer
dict. or 10 sustain one II found
"Sirth-Because the evidence WHOLLY
fails TO disclose that the defendent Us "
any wise connected with or had knoWl
edge OF the perpeIs Non OF the ofens'
charged in the Indictment.
Defendant Not Present.
"Seyentn-Because while II IL chares'
I'm tb. in6Irtn,ent that this defendant wa
pereoraIIv present and did commit th'
CRIME therein charged upon the body o
| on. Frank SteuuenberG on or about th'
3otb dav OF December. 1905. nevertheless
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