Show ONlY TWO TO MORE MORt Of HAYWOOD TRiAl Defense Will Put On Its Last Direct Witness This Morning and Examination Will WillBe WillBe Be Short Shortt t Rebuttal and Will Probably Be Concluded Next of Defendants Testimony Boise Ida July D Haywood the defendant charged with the murder of o Prank Frank left the tho witness chair this afternoon He had been under examination six hou hours the time equallY divided between his bis own counsel and Senator Borah i iwho who conducted the cross testimony in his own behalf practically doses closes the side for the do de defense enze One witness will be called to tomorrow tomorrow morrow morning and his vIll take up about fifteen minutes Counsel for tor the defense will then an announce flounce their close and the state will begin the rebuttal unless motions to strike out certain parts of the evidence should be brought forward by the de tense fenee Counsel for the state announce their willingness to abide by the in t L ot of the court to the jury and not occupy time with the on motions to strike Nearing th the End There is now a prospect that the thease thease ase may be brought to a conclusIon within two weeks The state expects o 0 close the rebuttal by Wednesday or next The defense expresses s the opinIon that the will e 0 in by Saturday Under these cIr the case will be given to he jury by the end of the last week f this thin month The cross examination of Haywood this morning within an lour after the opening ot of court By his time every seat was taken The Tha that Senator Borah would cross examine brought out an large attendance It was evident that the spectators were ot alone In their expectation ot of some i hing interesting When Clarence Dar Darow Darz z ow counsel closed the dl examination of hIs client and qui Uy remarked You may cross exam ne net the prIsoner wItness turned in his Wi hair hati and faced Mr Borah his face aee al ah and jaws firm set seL Silence at Once Prevailed There was a 3 stir sUr In the courtroom nd then absolute silence The first questions and answers came In such subdued tones that Mr Richardson of ds counsel asked the witness to speak up cross crosa examina examination tion always rapid fire was more than usually quick today day but from the first Il to 10 last Haywood preserved complete and control At times replies came as quickly as the questions were flung at him Again he le would hesitate and speak slowly with a marked emphasis His voice low and musical was seldom raised ex except except once or twice when a fiat denial vas given manner was wa cour courteous throughout but now and then a tinge ot of sarcasm appeared as he In insisted on a direct answer and Hay Haywood Haywood wood appeared reluctant Both Were Courteous Haywood In turn was as courteous as the cross examiner Invariably he head addressed ad Borah as Senator and re permission to explain when he tho thought there might be some misunderstanding N Notwithstanding this subdued air ot of consideration of quiet speech and courteous bearing there Was not a moment throughout the three hours of cross examination that the atmosphere did not tingle wiTh possibilities Once when Senator Bor Borah nh ah pressed Haywood as to his senti sentiment sentiment ment toward former Governor enberg Haywood HaWood said quietly and with witha a smile I 1 felt no different toward Senator than I do toward you or any of these people Senator Borah looked up quickly but buthe buthe he dId not smile He said very quiet quietly ly Yes I have havo been given to under understand understand stand something of that sort and did not pursue th subject Nothing Held Back Much of testimony today was a repetition in detail of what Moyer said yesterday Haywood how however however ever made no effort to deny his knowl knowledge knowledge edge of Orchard and his affairs or his connection with He was pressed closely as to the passage of I telegrams relating to the engagement pf ot counsel to defend Orchard and In inthis this connection admitted that he knew Simpkins had retained counsel but that there was no record ot of any report from Simpkins to the officials ot of the Western federation Like Moy Moyer r Ha Hawood Hay Haywood wood had never heard of Orchards claIm that he had lost hIs interest In Inthe Inthe the Hercules mine because ot of the trou troubles bles In the Coeur Haywood explained the draft sent to Simpkins for on Dec 21 1905 1903 on the ground that Simpkins had left the money with him for safekeeping He had no ac acknowledgment acknowledgment of the receipt of the money and has not heard from Simp Simpkins Simpkins kins since that time Haywood said he never told Pettibone that he had sent this money to Simpkins In his opening speech Mr Darrow said it was doubtful It If the defense i ito to rn the or I tt r r i by Orchard while he was in jail In Caldwell Caidwell in widen which he said sald that was sent on Dee Dec 21 In his testimony Or Orchard Orchard chard said that this letter was in re reply reply ply to one from rom him to Pettibone ask askIng asking Ing for Emphatic Haywood HaWood in many particulars con confirmed confirmed firmed Orchard but where Orchard connected Orchard or the Western fed federation federation with crime the witness waS wa wavery very emphatic and prompt In his de denials fiats nials He showed no hesitation or de desire desire sire to conceal the fact that Orchard had visited him at his house ot or that he heon heon on different occasions had Intimate with Orchard He de denounced denounced the administration of Colora Colorado do at the time of the troubles as cor corrupt corrupt rupt and he extolled the value of the Western federation Throughout Hay flay Haywood wood rang the note of antagonism to what he calls the capitalistic class and his confirmed vIew that only by such methods as those followed by the Western Vestern federation can the working workingman man matl hope to control the situation I HAYWOOD CONCLUDES HIS HIS TESTIMONY BEING SHORT Dominick Fl Flynn nn one of the defense In the Haywood trial was re recalled recalled called by the state when the case opened this morning at 9 He was asked as to a conversation he had with Daniel Ganey at Mullan Mulian Ida In 1 19 9 The ques questions questions were evidently for the purpose of After Arter Flynn left the stand Haywood was recalled and the direct ex cx r was continued Orchard Qt at House Haywood Haywoo said that Orchard had been at his house three or four times Umes Most of the members of the union when they were In called at his home the wItness declared d Did you ever eer call on Orchard asked lr Darrow No aIr never Did you ever have anything to do with buyIng a horse and buggy for Orchard to togo togo go out on killing expeditions with No sir never Haywood sail Orchard came one day to headquarters In a buggy with a colored man and said George Pettibone wanted to know if he could trade the rig for a tray gray mare which the federation owned one of the I nineteen eteen horses hores which had been used In distrIbuting relief In the CrIpple Creek district Pettibone was anxious to get the mare for one of his delivery wagons Emphatic Denial The Tle witness denied severally and positively positively that he had talked to Orchard or planned with him the killing of Sherman Bell Gove Governor nor Peabody James HEarn Harn David Moffet or Judges Goddard and Gabbert He declared that Orchards story on the witness stand was the first he had heard of the matter Haywood first met Steve Adams In 1902 He Be said the 75 he sent to Adams at Og Ogden Ogden den when the latter wired he was in jail there was his own money dams dam had been out prospecting and had stated on leaving Denver that If he struck anything he would locate Hay Haywood Haywood wood In During 1904 Steve Stee Adams was at bead quarters quarter several times Ho He said he had been to the tall timber Adams and 1 his wife were drawing strike relief at this time DId you e ever r give or send him any money noney other than the 75 you have fled to toNo toNo No sir Adams Did Not Pay Did you get your 75 back No sir At Cripple Creek Adams and Minster who went west with him said they would settle up as soon as the strike was over Adams and his wife left lett Colorado In Inthe Inthe the spring of Haywood said that some ime later he received a letter from Mrs Adams sa Ing that she and Steve had located a homestead In Oregon They expected to do well but needed a little temporary relief promising to pay It back In butter and eggs Thirty dollars was sent to them The next be heard o Steve Adams was when the latter was arrested As to thE letter he wrote to Harry Or Orchards Orchards wife Nov 18 1905 Haywood Hawood said his note was In reply to one from Mrs Orchard Inquiring as to her husbands He Be told her all he knew about Orchard He had no way ot of know Ing where Orchard was except as the latter had told him his plans for going to Alaska Haywood said he did not care to tell Mrs Orchard what her husband had saId as to his determination not to return to her Never Thought of HayWood declared he knew absolutely nothing of any plot against Governor I 1 dont know that I had thought though ot of him after I left the state of Idaho Had Governor even tried to get tet back Into politics No sir Had he shown any disposition to De be become come active In mining matters No sir The first Haywood heard of the assas assassination assassination was In the newspapers which claimed the crime was a culmination of the troubles In the Coeur The papers al also o reported that a unIon card h hid d been found In the effects ot of Thomas Hogan who had be been n arrested on sus suspicion At miners headquarters there was con considerable considerable discussion as to who Hogan was the consensus of opinion being that It was Orchard who had used that name In leavIng Cripple Creek to seek employ employment meat ment elsewhere Telegram From Simpkins The first definite Information came In the cipher telegram from Simpkins which was translated at first can I get coun counsel eel sel for Hogan but which was after afterward afterward ward corrected to rend read cAnnot get coun counsel counsel sel fOr Hogan Haywood s explanation of sending the draft to Jack Simpkins on Dee Dec 21 1 1905 was as follows Simpkins c came me to Denver early in December to attend a meeting or of the executive board He drew per diem diemand diemand and traveling expenses whIle there Cashing a check for tor this he gave Hay Haywood Haywood wood and asked him to forward It to Spokane some time before ChrIstmas Simpkins said he was going on a trip and want to take all t e money with him Haywood HaWood said he not re remember re remember member whether he bought the draft and mailed It or whether one of the Federa FederatiOn Federation tiOn stenographers attended to the mat matter matter ter Continued on Page 2 ONLY TWO WEEKS MORE OF THE HAYWOOD TRIAL Continued from Page 1 TLe witness said he had not seen Simp Simpkins kins since the executive board meeting i Counsel for Orchard I When the matter ot of employing counsel counsell Orchard and to look after the inter interests ests of the or organization firt came up Maywood Hawood said he and Moyer consulted with General Counsel Murphy ad adVIsed advised going very slowly In the tho matter After considering the subject for a day cr r two Murphy advised the employment ment cf f Mr Nugent The defense otfred in evidence a let letter ter written by General Counsel Murphy to Attorney Nugent but It was ruled out h Judge Wood 00 on the ground of Imma Immateriality An exception was noted Haywood went Into details of the final employment of Attorney Fred Miller of Wash ash to defend Orchard At thie time Attorney who had rep the Mine Owners association ot of Colorado In fights against the Western estern of Miners had been called Into the case by the other sIde What was the first you knew of any intention to arrest you ou In connection with the murder When hen I 1 was WiS arrested The witness then related the story of arrest the denial of a right to con consult silt sult couns counsel 1 and the trip to Boise on a spec ial train in charge of General N Bulkley Yells Wells a member of the Mine Owners association When hen first brou brought ht tJ t Boise the prisoners were taken to the state penitentiary being later removed to the county oun jail at Caidwell Haywood said he was Indicted for In inciting citing to riot at Victor following the In Independence dep dependence depot explosion Ho was In Denver DEner at the time The case never came camet t trial a nolle pros being entered by Dis District Attorney C C Hamlin who prior lo 10 his election had been secretary of the Mine Owners 8 association Haywood This ended the direct examinatIon and tr Borah began to the Ht He dwelt upon the Interest the miners vt rt Silver City Idaho took In the Coeur Ale ne troubles Haywood said a corn com committee was sent from Silver City to north Idaho at the time The Western estern Federation of Miners came to think of Governor as a pronounced opponent of organized labor laborI I 1 believe so yes es sir But prior to this trouble he was re regarded regarded as a friend Z ZI I 1 think so h Fas as at onetime one time an hon honorary oraI member ofa oa local union The federation afterwards regarded him as a friend of capital and as swayed b by capitalistic Influences and I suppose you U joined In this view Yes sir as an offIcer I did Did the Miners Magazine reflect your vIews as well as those of the organization tion Sometimes Views as to It reflected your our views as to the Coeur In some instances It did I did not ap approve approve prove of the bun bull pen ot of the permit system tern tem of the Indignities upon the men but butas butas as to Governor I did not regard him In an any other light than I do you OU senator or Bartlett Sinclair or any others who were concerned I have understood that replied Sea Sen Senator ator Borah who then questioned the wit witness witness ness as to the article which appeared In Inthe Inthe the Miners lIners Magazine at the time Gov Gor Governor left office and entitled The Passing of The arU artl ole cle declared In conclusion that when should come to be written It would read Here lies a hire hireling ling hag and a traitor Did that article reflect your our views and those of the f federation As to the governors official acts It did replied HaWood who added that the article was directed against berg as a state official an and not as a man There were many others who felt the same wa way about Governor the witness went on The governor who served under wrote an article which was much stronger r than this The witness was taken through a long line of questioning as to Jack Simpkins developing the fact whereas Simpkins disappeared more than a year ear ago he is s still continued asa as a member of the executive tive board of the federation When henn n Denver In December 1905 said nothing of having seen Orchard In Cald Caldwell Caldwell well Idaho Cripple Creek Notices Senator Borah asked Haywood about the posting of certain notices In the 1116 Crip pie Creek district In 1901 One of these read lotion Hence take notice that on and after September 15 1 1901 anyone any one work workIng wo k king Ing In the mines mills and poWer plant of the Cripple Creek district who Is un unable unable able to produce a card of membership In Inthe Inthe the Western Federation of Miners will be regarded as an enemy to himself and to the community At laI Iare and will be tr treat treated at ed as such Haywood sal said In explanation of this that there was a movement on foot to reduce wages throughout the district A second notice called the attention of t Ui the mIners to the faCt that the of Se Sep was near at hand that the time timeo of o grace had about expired and that all who were not for the union must be against It 11 There could be no middle middleground middleground ground So saId Senator Borah the |