The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-01-04
PETTIBONE CASE
IN JURY'S HANDS
Defense Made No Argument
and HaWIey Was the Only
Lawyer Heard.
INSTRUCTIONS OF COURT
DIFFERENT FROM THOSE IN
HAYWOOD TRIAL.

Boise, Idaho, Jan. 3.-The jury in the
case of George A. Pettibone. charged
with conspiracy in the murder of ex-
Governor Frank Steunenberg, began its
deliberations at $50 o'clock tonight. The
last day Of the trial was occupied by
the argument of James n. Hawley.
for the prosecution and the instructions
of the court
The defense carried out its announced
resolution not to argue the case, thus
preventing Senator Borah from address
ing the jury. Hawley fairly dared the
lawyers for PettibOne to speak i'm his
behalf, but they sat dumb when he con-
clUded. and when asked by Judge
Wood if any argument would be pre-
scented by the defense Judge Hilton an
swered Certainly not"
The court room was cleared before
the jury retired, but the attorneys OF
the defendant and a few of his friends
waited for a time in the hope of hear
ing the verdict tonight. No session OF
the court was held this afternoon OH
account of illness Of Juror Stahl, but,
he recovered sufficiently for the trial 10
proceed tonight. PettbOne was a very
sick man during the day, but insisted
on the trial being concluded. It was
necessary to carry him TO the court
room tonight.
Announcement by Judge Wood.
Before the prosecutions argument by
James H. Hawley was begun this morn
ing, Judge Hilton, for the defense, an
nOunced that the defense would not
argue the case, and Judge Wood stated
that the jury would be instructed as
soon as Mr. Hawley finished. Judge
Wood announced that he would refuse
the request of the defense that the jury
be instructed that a verdict of guilty
could not be returned on the ground of
conspiracy if the evidence showed that
Haywood was a member of the con-
spiracy, the latter having been found not
guilty He granted the instruction
asked by the state to the effect that if
the defendant had in his possession evil
dence which was not presented, the fact
should be considered.
HawIey's Address.
Hawiey began his address by refer
ring to the sudden termination Of the
case which left Darrow's opening
statement "a tumble of broken prom
ises." He said barrow had promised
to show that Orchard was the most
monumental liar of the age, but instead
his testimony was uncontradicted eX-
cept in regard to the Bradley explosion,
and the dispositions in that incident ne
| said. when fully understood, cOrrobOT-
ated and explained Orchards tesu-
mony. why did they not put on the
stand the great army of witnesses
/ brought from distant states. who sat
/ in the court room day after day. said
Hawley. why were not Easterly,
Malich, Mullaney, Barnes, Haywood ana
| Meyer called to deny the statements or
/ n Ea
his crimes. 1t was because they dared
not do it. they dared not, with the tes-
/ timony of these witnesses at the Hay
wood trial on record, submit them to
| cross-examination.
The evidence of Orchard was next
] taken up and the prosecutor said that
! under ordinary circumstances such a
/ story would be taken with grain OF
! allowance. but the appearance and de-
meanor of the witness. who neither
| tried to shield himself or to shade his
crimes. gave the impression that lie Wa
/ telling the exact truth.
Orchard Not Shaken.
/ For two days" he said. Orchard
was cr0ss-eXamined by one of the cOun-
! try's most able criminal lawyers VINO
/ had the testimony of the Haywood case
before him. but the witness was not
!
/ duestioner to admit that he was telling
| the truth when it had been charged
/ that he had cOntradicted himself.
! The law in the case was discussed at
I length by Hawley, especially the proof
required to establish a conspiracy. Be
! fore the adjournment for the noon re-
: cess a review of the corrObOrative evil
I dence was begun.
In closing Hawley argued that every
l. I
to the guilt of Pettibone. Calling the
| list of the score of men killed by Or
chard, the prosecutor said that every
/ one was an enemy of the Western Fed
GRAFTON of Miners. and he said that dur
/ ing that time no friend of the fedora
I ton met his death through violence
! He said that while Orchard was, he
/ conceded, one of the worst criminals
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