| Show iga announced conclusion testimony on killing of steinenberg enberg boise idaho dec 24 before hearing argument on the motion lor an instructed verdict of acquittal filed by the defense in the pettibone trial today judge wood announced bis conclusions clu on ane question 0 alve evidence and stated that there had not been sufficient corroboration of orchards testimony on the hilling of gov alone to warrant a conviction he also said that cor atlon WAS necessary to establish a conspiracy and invited argument as to whether or not such corro aeration De ration had been given by the state and whether or not the defendant had been connected with that conspiracy the conclusion ot the court means that either the jury will be instructed to acquit the defendant or that the trial will proceed on the proposition that iho state Is not required to connect pettibone with the murder it being only necessary to show that a conspiracy to murder existed that the defendant on trial was a member of that conspiracy and anat the of was an incident thereto in the Haywoo il trial judge wood held that it was necessary for the state to produce evidence tending to connect the defendant with tue specific crime charged independent of the testimony of orchard his announce mint today means that he will either reverse that ruling or sustain the motion of the defense to direct an ao A ruling on the motion will be made thursday judge wood directed the defense to be ready to proceed with its case at that time in tho event the motion was not sustained john F nugent tor the defense this afternoon continuing his argument in support of the motion to instruct tho jury to return a verdict of not guilty said that the evidence in this case la weaker than in the haywood case because at the former trial the testimony of orchard thai the latter re delved by him at the caldwell jail was written by pettibone was undisputed while in the present case nicola had testified that the letter was rot in the handwriting of the defendant taking up the subject of the idaho statute which permits the punishment of a nonresident non resident who ald not commit crime personally the same as the principal ne said that the conviction of the defense was that the defendant Is entitled to the compulsory process of the law to compel the attendance of witnesses and that it also worked an injustice on the defendant to be required to take depositions in his own behalf nugent argued that the indictment should have been made charging the defendant as an accessory becore the fact senator borah spoke for the prosecution he said that the idaho supreme court bad passed on the question 0 principal and accessory in answer to nugents Nu gents points as to the constitutionality of the idaho statute he said that there was no presumption that the witnesses were anywhere but where the crime was committed and that thera gouid have to be evidence to the contrary before the matter could be considered by the court borah said that it was the theory of the state that first there was a general con spira cy to kill those who were enemies or were supposed to be enemies of western federation second that wad killed tor that reason third that tho defend art was a member of that conspiracy and fourth that was killed by a member of tho same conspiracy ln furtherance 0 its objects he said that ane evidence showed that a conspiracy bad been formea for a particular purpose and that the defendant was a member of that conspiracy and that it was not necessary that the should have knowledge of tho particular crime if it was shown that the crime was committed in furtherance of the of the conspiracy the only of corroboration he said was whether or not orchard had been corroborated ro restive to the general oon borab then briefly reviewed the evidence in closing the argument nugent said that the ton of orchard had to be by evidence entirely aside from the testimony ol 01 orchard he said the state had abao cutely failed lo 10 show a motive on the pait of pettibone for the murder of when nugent concluded court adjourned until thursday morning at 10 |
