The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-01-01
DEFENSE READY
FOR THE JURY
Counsel in Pettibone Trial
Would Submit Case With
out Argument.
TAKES STATE BY SURPRISE
JUDGE WOOD WILL SUBMIT IN
STRUCTIONS THURSDAY.

Boise, Ida, Dec. 51.-EYents moved
with swiftness in the Pettibone trial
today. When court convened this morn
ing the defendant was at his place,
but showed plainly the effects of his
illness. Judge Hilton, who only yester-
day became associated with counsel for
the defense, arose after the formalities
of opening court had been concluded
and announced that the defense would
rest its case and offer to submit IL 10
the jury without argument.
This announcement came as COM
plete surprise to the state. Hilton said
that he had gone over all the testi-
mony, and as the state had failed to
connect the defendant with the crime
charged in the indictment, ii had been
decided TO offer no further testimony.
Borah Asks for Time.
Senator Borah asked for a recess in
order that the proposition of the de-
Tense might be considered, and Judge
Wood granted the request. After
brief conference of the states attor-
neys, Senator Borah said TO the court
that the question of dispensing with
the arguments could not be settled un-
iii the instructions of the court had
been examined. Judge Wood then an
structions ready by Thursday morning,
and after he had instructed attorneys
to submit their suggestions an adjourn
ment was taken until that time.
Outcome Hinges on instructions.
= The case hinges entirely on the ma
ture of the instructions of the court,
so far as further proceedings are con-
cerned. The prosecution admits that
there has been no ccrroborative evil
dence connecting the defendant d.
rectly with the killing of Steunenberg,
but is basing it's hope of conviction on
the establishing of proof of a con-
spiracy to kill enemies of the Western
Federation of Miners, alleging that the
murder of Steunenberg was an incident
to that conspiracy. If Judge Wood, in
his instructions, holds that it is ne
cessary for the state to produce indie
pendent testimony showing Pettibone's
connection with the crome charged,
there will be no argument.
Cites Paul Corcoran Case.
If, however, the court instructs that
proof of conspiracy in itself is suffi-
cient. providing the state has present
ed satisfactory proof that the defend
ant was a member of the conspiracy
and that the killing of SteuEenberg
was an incident to it, the case will be
argued. The state has asked that in
structions to this effect be given, bas-
ing its request largely on the instruc-
lions given by Judge Stewart in the
case of Paul CorcJran, who was con-
victed of conspiracy in connection with
the Occur d'Alene troubles of 1899.
J-aqe Wood in Haywood Case.
In his instructions in the Haywood
case Judge Wood said: 1T makes no
difference in this case what crimes
have been committed in Colorado, in
the Occur d'Alenes or elsewhere, or
who is responsible for the commission
of such crimes, if any there be, the de-
PENDANT cannot be convicted unless the
o. state established beyond a reasonable
doubt that he is guilty of the crime
charged in the indictment, tO-wit, the
killing of Frank Steunenberg"
Clarence Darrow was not consulted
by other attorneys for the defense be-
fore the decision 20 close the case was
reached. Edgar Wilson stated that the
matter had been under consideration
for several days. The illness of Petit
bone, which is critical, had much to do
with deciding the point
Haywood Gets a Vacation.
A report that William D. Haywood,
who was tried at Boise and found not
guilty Ga completely in the murder of
former Governor Steunenberg of Idaho,
has retired permanently from the of
fee of secretary and treasurer of the
Western Federation of Miners, was de-
MED today at the headquarters of that
organization in this city. Ernest Mills.
member Of the executive committee of
the federation, who is acting as secre-
tary and treasurer. said that the COM
mittee had given Mr.. Haywood a vaca-
ton until July l next, and that he
would soon go on a lecture tour in the
east.