The sun. [volume] (New York [N.Y.]) 1833-1916, 1907-06-22
HAYWOOD'S DEFENCE TO BEGIN
COURT REFUSES TO TAKE CASE
FROM JURY AND DISMISS 1T.
whole Afternoon Devoted 20 Arguments by
Lawyers on Defence's Motion 70 Go No
Further and Free HaywOOd-DarrOW
VIII Make statement on Monday.

Will Make statement on q
BOISE, June 2i.-The State rested It's
case this morning In the prosecution Of
William d. Haywood for the murder Of
ex-Gov. Steunenberg.
All this afternoon there was a perfectly
futile flow or words from lawyers engaged
in the case. They talked from half past 1
o'clock until after s, and then the Court did
precisely what everybody knew would be
done before the talking began-it overruled
the motion OF the defence that the jury be
advised by the Court TO return a verdict OF
%acquittal before hearing any evidence from
the defence.
Nobody concerned in the case. including
rounsel for the defence, has any notion that
the motion to dismiss was anything but a
formality. That the Court would take this
celebrated case from the jury was not to be
thought OF for a moment, especially in view
of the fact that the charge is one of con-
spiracy and that two men besides Haywood
are to be tried upon the same charge and on
pretty much the same evidence.
q But Messrs. barrow and Richardson got
an opportunity to declaim on the innocence
Of their client in flaming words which will
undoubtedly be reprinted at length in
the Socialist newspapers no matter what
the jury does with William D. Haywood.
Of course none of the argument was
heard by. the jury.
h FINAL TESTIMONY.
The jury's part IL the days doings was
confined strictly to the morning. At the
brief session held before noon some i'm
portant evidence was admitted. Charles
&. Kingsley. a handwriting expert, testified
that he had examined the applications for
money orders to be ~telegraphed to H.
Green in San Francisco, in the fall Of 1904
which were signed by "P. Bone" and u.
Wolff" and that they were in the same
handwriting as the letter which recon-
mends Thomas Hogan (Orchard) for a
life insurance agency job and which is
admitted to be In the handwriting Of Petit
bone.
The expert was not cross-examined at
all, and apparently there will be no effort
made to deny that Pettibone sent money tn
Orchard while the latter was in San Fran,
cisco the same fall that the attamntS on
Bradley's life we're made.
The attitude Of the jury while the expert
was testifying was most significant. Half
OF them leaned forward in their seats and
none OF them took their eyes of the witness
from the time he purpose Of his testimony
became clear until he left the stand. The
jurors then looked at all three OF the ex-
hibits together and compared the hand
writing.
DROVE TO HAYwooD's HOME.
The last witness of the States direct
case was William SeahoTn, a Denver negro,
who runs a livery stable in that city. He
told Of being sent to Pettibone's store with
n horse and buggy one time in the summer
Of 1905. Here he said a nan who, he sub
sequently learned was Harry Orchard,
came out and got in and told him TO drive
to Laramie and Fifteenth streets. where
Haywood lived. Orchard went into the
house and soon came out with Haywood.
After that Haywood and Orchard got into
the buggy and drove of to try the horse.
They came back pretty soon and an hour
and buggy, though the bill of sale was made
out in Petitioners name. This testimony
was offered to c~orroborate Orchards state
ment that when he and Pettibone talked
with Haywood about killing Sherman Bell,
Haywood and Pettibone arranged with
him 80 they could drive out around Bells
house OF evenings in the effort TO get a
chance TO shoot him.
Perhaps the most important happening
Of the morning was the agreement of the
defence to conoede that the date on the draft
made payable in December, 1905, by Hay
wood TO Jack Simpkins was December II.
This was the date that was partly obliterated
by the banks punch mark. The State had
been trying to get the banks stub book
here TO establish this date, for the alleged
Pettibone letter to Orchard just after the
after was arrested said that That had
been sent to Jack for Orchard on Deem
Der 81; The States lawyers had heard by
wire hat inquiry showed the date to nave
been December 81 and that the evidence
was on the way. This being clear, the de-
fenoe's counsel conceded the point merely
10 avoid forcing the State to delay resting |
It's oAse.
JURY IN o A MINUTE.
For similar reasons it was also conceded
that Haywood on June 10 wired SIS to Steve
Adams in Ogden, as Orchard had testified
that Haywood had old him he had done.
At the afternoon session the jury walked
right in and turned around and walked right
ont again, IL being deemed improper TO allow
them to hear the arguments OF the defence's
motion to dismiss. Richardson opened for
The defepce, and there was a pretty good
crowd present, for word had gone forth
that the Denver lawyer intended making an
siSoorate argument, The worst proved
from a stack Of authorities that he could
scarcely see over, exhausted his subject and
his audience. and grew highly dramatic
in his denunciation OF the '~scoundrel,
Orchard"
Leave to print" seemed to be about the
enly inspiration for all thisa attorney speech.
The principal point stated in the motion
for the diAmissal of the charge set forth that
there was no evidence adduced by the State
which connected the defendant with the
offence charged in the indictment, the muir
der Of ex-Gov. Steunenberg, excepting the
evidence given by Orchard.
The statutes of Idaho, il was urged.
forbade the conviction Of any person upon
the uncorroborated testimony Of a self
confessed accomplice. The lawyer went
on 10 argue that there was no single piece
81 evidence outside that Of Orchard that
tended to connect Haywood with the muir
der Of Steunenberg. 1t was only when the
evidence was taken in the light of the con-
fession of Orchard, he held. that any Of il
tended in the slightest TO connect the secre-
,ary treasurer OF the Western Federation
with the crime.
HELD HAYWOOD
The lawyer admitted that the corrobora-
tion Of other witnesses bore out the fact
that certain crimes had been committed
and committed by Orchard. but he means
that this confederation did not touch Hay
wood in a single instance, All the evidence, [
outside Of Orchards, Richardson main
lainr. was quite as consistent with the de-