Show STATS STATES SID sm or Of HAYWOOD TRIAL ENDS DEfENSE WILL WLL DEMAND ACQUITTAL AT ONCE last Witness for the the Prosecution Tod v. v ve first T Test Test- I D Di- Di Connected Defendant With H Orchard BOISE IDA JU TUNE JUNE 21 THE iTHE THE STATE THIS MORNING MADE ITS LAST TENDER OF OP EVIDENCE AGAINST WILLIAM D. D HAYWOOD ON TRIAL FOR THE ALLEGED MURDER OF OP FRANK BERG AND THE LEAD IS NOW WITH THE DEFENSE WHICH WILL THIS TillS AFTERNOON ASK FOR AN ANIN INSTRUCTED INSTRUCTED IN IN- VERDICT FOR THE PRISONER Two important pieces of testimony offered this tins morning Charles S S. S Kingsley a ha handwriting d expert testified fied fled that the writing of the waivers on onI the money telegrams sent from Pettibone's Petti etti- etti I bone bones bone's s 's store in Denver in the nam names s of J Wolff and ind P Bone to H II Green in San Francisco was done do e by bythe bi bythe the same hand that penned Pettibone Pettibone's aletter s a letter Jetter to John L. L Stearns A stipulation by the defense admitting admitting admit admit- tin ting the fact that Haywood telegraphed money to Steve Adams at Ogden in 1903 and a ruling by the court denying denying deny deny- ing admission to t the e dissenting opinion in the Moyer habeas corpus case in Colorado Colorado Col Col- orado cleared the direct work of the prosecution pros and opened the way to the plea and c case se of th the d defense fens When Court Opened ned When the trial was resumed at pied morning r seats t not 0 U more m tIle the mj than j Isar amid opIe of occupied occupied these at least forty lorty were witnesses Haywood's mother sat on his Immediate right She and the prisoners prisoner's sister were the only members of ot his family present Judge Wood WoM first delivered a no lengthy opinion overruling a demurrer in JU one of ot the cases before the regular term of courtOn court On being directed to proceed Senator Borah Bomb announced that the State had re received received re- re telegraphic Information from the First National bank in Denver filling In 4 i d AL I SENATOR W W. E E. E BORAH I the date on one of ot the drafts which have been Introduced as evidence nee and on which the date had been punched out b by the file in the bank This draft was for and amid the bank wires that it bears the date of ot December 21 1905 1903 It was drawn In la favor of J. J L. L SImpkins Simpkins Simp- Simp kins by Haywood The letter produced In court from Pettibone to trw Hogan or Orchard Orchard Orchard Or Or- chard lec received by Orchard while in Jail at Caldwell stated that that had b ben en sent to Jack Orchard said that h hO hI had asked for The de defense tense admitted prIma facie fade that tho the date was December 21 and the tile date was recorded as evidence Handwriting Expert W. W V V V. McCartney the former clerk In Inthe Inthe inthe the telegraph office at Denver Demer testified that he did not write the waiver of ot identity iden Iden- tHy on the back of the telegraphic money orders sent from Denver to Orchard when on the Bradley mission In San Francisco C. C S. S Kingsley an attorney of ot Boise was called aIled lie He qualified as an expert in handwriting lie JIe was asked to compare Pettibone's signature on the letter replying replying reply reply- in ing to the insurance agent In Denver who asked as to the character of of Orchard with the signatures of Wolff Wol and P Bone on on the back of the telegraphic money orders Kingsley said that In his opinion the signatures signature were written by byone byone one and th the th same same person lie He was not cross Jim si a. c colore ed i ho hoise hore le dealer of or orDener testified to the thesal Den Dancer tI the JI next witness sal sale of ot a 11 hors rs and buggy bugg to naY Hayw iod InD in D Denv Denver er Orchard tr d had testified a as to the sale eale of ot the team to Haywood He lie said that the outfit was needed to get about while in their work in connection with their vanous various various vari van ous undertakings Seaborn said that Orchard came to him and with him hini he drove to Pettibone's place of business came out and together they drove to the place he described described de de- de- de scribed as the location of or the If f Motion Is s Overruled Over Over- ruled red the Defense Will VIlli Begin Its C Case S Tomorrow Iud find Verdict Mav E Re Reached ched riv in I JulVe tens of t the 1 Western Federation of ot Mi Mi Miners ners miens Identifies Haywood wh What t happened then asked Mr Hawley Orchard and went up stairs and d came down with another man Yf Yes s what next The other man got In the buggy and they said they would be back hack soon and drove oft off together Do you know this other man Yes sir I have haye seen him know him now now Wo Would ld you jou ou Yes sir Look ook around and say if t you can Mehim see Me him here The negro looked over oyer to the def defense nse nae side and pointed a finger at Ha wood Yes sir that's the man he said There Was a pause and a silence broken only by a stir among amon the spectators It was the first direct connection of Haywood Harwood with Orchard and a strong trong coro cor- cor o o of the Orchard story How much did n for ril the outfit One hundred and ten teti dollars Who paid you you Mr Mi Orchard Last State Witness You just got the money and gave Orchard Orchard Orchard Or Or- chard a bill of ot sale No sir The bill of ot sale was made to Mr He PJ Pettibone described the I horse horse- a ai as a little lIttie black mare and the vehicle as a top buggy Seaborn was only briefly exam cross ined med He said he net met Orchard at at the atte t to Boise floise He lIe said he was summoned by Pinkerton detectives detectives de de- de- de and re received elved his tare fare and e- e x- x from from- them in advance I proved to be M the last witness for the Stat State i Senator Borah stated that with the ex exception exception ex- ex of proving the sending of ot a a money order for tOr 75 by the Western Union from oo Haya-oo In Denver to Steve Adams In i Ogden Utah in 1903 the States State's case was closed Mr Richardson for the defense said that they would agree that the State could file lile the te telegrams e as soon n as they f d. d g B were e received l Senator Borah Borab r said that the telegrams ms would be In Boise by this evening With this exception then your our Hon lion or said d Senator Borah h the State is Isrea rea ready dyS y to close its c case s There was some some wrangling over the reading of a long opinion delivered In the Colorado courts and which the defense said should be read as It had been offered as evidence for the State Judge Wood looked over the decision and denied the motion that It be read to the jury This This' then closed the States State's case and at 1023 the court adjourned until p. p m rn when the defense will move moe that the court Instruct the jury to render a verdict of not guilty Motion to Acquit Immediately after court court was called to too o order er after the recess E. E F. F Richardson for the defense announced that he lie had filed led a motion with th the clerk of the court Judge Wood dismissed th the jury iury in in c charge ar e of the bailiffs pending the reading of the motion mohon rand and the tho arg ment meat I IThe Tho The motion of the defense was was' that the only testimony tending to connect Haywood with the crime is that of OrChard Orchard Or Or- chard ehard that Orchard Orchards s testimony is Uncorroborated uncorroborated mi- mi un Un- corroborated d by any evidence which of itself tends t to connect with the crime that the tIle corroboration is in insufficient insufficient in in- I sufficient that all an of the testimony is insufficient that all of pf the evidence is insufficient upon upon which h to found a at ver ver verdict dict diet that the evidence fails to show knowledge e of the crime crime on the part pait of H Haywood and that the evidence fails to to show the presence of th the accuse accused or that he be a aided ded or abetted the tIle crime |