Show I PETTIBONE LOSES GROUND IN TRIAL Judge Wood Rules Against Motion to Acquit Defendant Defendant Republican Special Sp Service Boise Ida Dec LM After Afler the state had rested Ils ls case in the trial this morning Judge Wood stated staled in re relation relation re re- lation to lo the motion mollon o of the tho defense that laton the court Instruct moton the jilT Jury Jut lo to acquit the defendant that thai ho hc had reached the conclusion con con- elusion that there was not nol sufficient corroboration of or Orchards Orchard's testimony on tho the killing of alone lo to warrant warrant warrant war war- rant conviction He lie also alo slated stated that he had concluded that corroboration was necessary to lo establish a conspiracy to commit a crime of which the killing of was an Incident if such conspiracy con- con existed anti and ant he he invited argument uncut ment on whether or not sufficient cot coi- had been Introduced on this S point and and nd also as ns on wh whether ti ther or not the defendant had been connected with wih the th the consul conspiracy ra cy Th The co conclusions of Judge Wood ure nrc I regarded t lcd as a distinct victory for the state stale Unless the court sustains tho the molon motion motion mo mo- tion lon of the defense for or an Intruded Instructed ver verdict tr er diet dict ho prosecution will wi not be re required ye- ye le- le with to connect th the defendant the murder it being only necessary to lo show that thal a conspiracy exIsted existed existed ex ex- ex- ex isted that a member r of the tho conspiracy killed rg rr for 01 the furtherance of ot the iho objects of the conspiracy Wood held In the wood Hay trial Judge that independent testimony to connect the defendant with wih the crime charged was necessary and aud unless h he instructs th the tho jur Jury to acquit acqui his rulings in that case casc will b be he reported The motion mollon molon was ns argued b by 13 John F. F Nugent for th the defense and Senator for tho tha prosecution Judge Wood reserved his hiM decision until until un un- un- un til Thursday Wool morning and Instructed the defense 1 to lo be prepared to lo proceed with wih Its is cast case at al that thai time lime In the Iho event that the tue motion molon was not nol sustained The last witness for or the state stale was JUd Judge l Gabbert rt of the Supreme court of or Colorado who told lold tol of or the tha explosion of the Iho bomb which killed and ant which Orchard said aid was ns planted for tor the wine wit wit- wi- wi ne ness 8 |