Show I e DEFENSE RUDY READY fOR THE JURY Counsel in Pettibone Trial Would Submit Case With Without Without 0 out Argument TAKES STATE BY SURPRISE JUDGE WOOD WILL SUBMIT IN INSTRUCTIONS INSTRUCTIONS THURSDAY Boise Ida Ha Dec 31 Events moved with swiftness in 1 the ithe Pettibone trial today When court convened this morn mornIng lug Ins the defendant was at his place but showed plainly the effects of ot his ils Illness Judge Hilton who ho only yester yesterday estor day became associated with counsel for fOli forthe forthe the defense arose after the formalities of opening court had been concluded and announced that would rest Its case and offer to submit it to the Jury without argument This announcement came as n a com corn complete complete surprise to the state Hilton said that he had gone over aU all the testimony mony and as the state had failed to connect the defendant with the crime charged In the indictment It had been decided to offer otter no further testimony Borah Asks for Time Senator Borah asked for a recess in order that the proposition of ot the de defense defense lense might be considered and Judge Wood granted the request After a 3 brief conference of the states attorneys attorneys attorneys Senator Borah said to the court that the question of bf f dispensing with the arguments could not be settled un until until Until til the instructions of the tha court had been boen examined Judge Wood then an announced announced flounced that he would have his In Instructions Instructions Instructions ready by Thursday morning and after he had Instructed attorneys to submit their suggestions an an adjourn adjournment adjournment ment was taken until that time Outcome Hinges on Instructions The case hinges entirely on the na nature nature nature ture of ot the instructions of the court so far ns as a further proceedings are con concerned concerned concerned The prosecution admits that there has been no corroborative evi evl evidence evidence dence connecting the defendant di dl directly directly with the killing of but is basing its hope of conviction on the establishing of proof of a con conspiracy conspiracy to kill enemies of the Western Federation of Miners alleging that the murder of was an incident to that conspiracy If Judge Wood in I his instructions holds that it is ne necessary necessary necessary for the state to produce inde independent Independent pendent testimony showing connection with the cromo crome charged there will be no argument Cites Paul Corcoran Case If however the court instructs that proof of conspiracy in itself is sufficient dent clent providing the state has present presented ed satisfactory proof that the defend defendant defendant defendant ant was a member of the conspiracy and that the killing of was an incident to it the case will be argued Phe state has asked that In Instructions to this effect be given bas has basing basing hasing ing its request largely on the instructions Instructions instructions given by Judge Stewart in the case of Paul Corcoran who was con convicted convicted convicted of conspiracy In connection with the Coeur dAlene troubles of 1899 J age Wood in Haywood Case Casc CaseIn In his instructions In the Haywood Ha case Judge Wood said It makes no difference in this case what crimes have been heen committed in Colorado In Inthe Inthe inthe the or elsewhere or who is responsible for the commission of such crimes If any there be the de defendant defendant defendant cannot be convicted unless the state established beyond a reasonable doubt dou t that he is guilty of the crime charged in the indictment the killing of Frank Clarence Darrow was not consulted by other attorneys for tor the defense be before before fore tore the decision to close the case was reached reache Edgar Wilson stated that the matter had been under consideration for several days das The Illness of Petti Pettibone Pettibone Pettibone bone which is critical had much muck to do with ith deciding the point Haywood Gets a Vacation A report that William D Haywood who was tried at Boise and found not guilty OL o 0 complicity In the murder of r former Governor of Idaho has retired permanently from frum the of office office fice lIce of secretary and treasurer of the Western Vestern Federation of Miners was wis w de denied denied denied nied today at the headquarters of that organization in this city Ernest Mills I member of the executive committee of the federation who ia is acting as a secre secretary secretary tary and treasurer said that the com corn committee committee had given Mr Ir Haywood a vaca vacation vacation vacation tion until July Tuly 1 next and that he would soon go on a lecture tour in the east cast RAY OF HOPE FOR BUILDERS Minneapolis Minn Dec 31 Lumber I prices are down Nearly everything in inthe Inthe inthe the northern pine list lIstl Is i cut The re reductions reductions reductions from the August list range from S1 1 to n 3 |