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Show Fill STAGES IF ; I State Devotes All Its Effort to Breaking Down Evidence of the Defense. HEARING OP WITNESS H CHARGED WITH PERJURY ' H ii Some New Light on Conditions' at Time of Deportation From fl Cripple Creek. BOISE, Ida., July 16. In the last1 stages of the case against; William D. Haywood, thc prosecution put six wit-nesses wit-nesses on the stand today to rebutfc the evidence of the defense. Three testi-fied testi-fied to conditions in the Couer d'Alenes in IS99, and three to the situation in Colorado during the strike period of 1903 and 1904. The important wit-uesses wit-uesses of the dny were called to con-' tradict the showing made by witnesses jfl for the defense, that there was no rea-son rea-son for the calling out of the militia fl of Colorado other than a desire on tho fl part of thc mine owners to drive mem--bers of the "Western Federation of "Min-. ers from the mining district. One wit-' ness llatly contradicted the evidence in-troduced in-troduced by the defense to show that thc explosion at the Viudieator mine1 was due to an accident. Hearing on Perjury Charge. While the big trial was going on in the District Court before Judge Fro- moiit Wood, au interesting offshoot of the case was being heard in the small iH room used as a court, bv Justice of the Peace Savage. C. W. Aller, tho depot l agcut, who was arrested yesterdav,' charged with perjury, was brought be-i fore thc magistrate for a preliminarv hearing. The State was represented by' Prosociiting Attorney Koelsch and tlio prisoner by Peter Brcen, an attorney fl of Butte, who has been associated with ' Haywood's counsel, having been re-1 tained by i he Miners ' union of ButteJ Mont., to watch the case. ' i Fred Miller, who was Orchard 'si counsel at his preliminary hearing in! Caldwell immediately after the murder of Governor Stcuneqberg, assisted Mt. Breen. Orchard Principal Witness. fl The principal witness in the perjitrv hearing was Orchard himself. The oris-' ouer was brought in from the peniten-' tiary in charge of Warden Whitty and1 a penitentiary guard. No more than half a dozen peoplf were outside of the principals in the I case and the other witnesses were pros-. ent when Orchard went over his testi-moiiy testi-moiiy as to his connection with D. C. Scott, thc railroad agent, who Aller' H swore interviewed Orchard in Cripple Creek two or three weeks before the jH explosion at thc Independence depot on June ,6, 100-1. Orchard was closely cross-examined by Breen, but no amount of questioning brought out any mate-rial mate-rial change in thc original story. Brccu was more severe in the little magis-t magis-t rate's court than was thc cross-exam- jH iuationcr when Orchard was the star witness for the State in the Haywood jH trial, but Orchard ' maintained the same calm exterior and answered each ques-lion ques-lion with quiet positivcucss. A uuiii-ber uuiii-ber of other witnesses wero examined, jH the case taking up most of the day. A IH motion to dismiss will be argued tomor- JH row afternoon. Aller was released on deposit of 2500 bond. In the Haywood trial Edward Al-( jH t vard, a physician of Burke, one of the lH mining towns of the Coeur d'Aleues, swore that he saw Orchard on the day of thc blowing up of the concentrator' at Wardncr and that he came from the1 train returning from Wardner. This' train was in possession of the mob that1 H blew up the concentrator and killed i J two raeu. Alvard's evidence contra-; jH dieted the witnesses for thc defense. who sfiid they saw Orchard playing no-( kcr on that day at Mnllae, several miles, awav. The claim of the defense is that ( Orcliard was not at Wardner and had no part in the riot. Wood's Testimony Contradicted. jH A. T. llolman swore iu rebuttal of' the testimony of Thomas Wood, a wit-( ness for the' defense. Wood had said that ho saw Bock and McCormick, the two men killed by the explosion at the' Vindicator mine, in the eighth level 1 before the explosion and aftorwards' found their bodies in the sixth level., He said that Beck carried a revolver, on that day aud that he saw a box of, powder on a water barrel in the eighth level just before Bock and McCormick went up to tho sixth, whoro thc es- plosion occurred a few minutes later. I 1 Tho impression created was that the two men carried the powder with them and that Bock dropped his revolver, which exploded aud the powder went, off. This would also account for the H finding of tho shattered parts of a re-volver re-volver near the bodies. Orchard swore JM that he iired thc powder with a pistol. Further Bebuttal. Ilolmnn was a superintendent of n,. neighboring mine and formerly super- H iutendent 'of the Vindicator. Ho was one of the first, to go down tho shalfc of the Vindicator after thc explosiou. Hin 'H evidence, given largely from a prepared chart of the interior of the mine, cou-tradicted cou-tradicted Wood on many points. L. B C. Hnmuev. a young man and a rela-five rela-five of .McCormick, followed Holman. Uo was in charge of the powder in the mino at thc time of tho explosion, no know Beck and McCormick well and swore that neither of them ever carried jH :i revolver; that. Ihorc was no powder in tiic mino at the time, so far as he H knew, and that thore was no water barrel on the eighth level, as Wood had jH St Sheriff "Routan of San Miguel county, jH Colo., was the last witness oi the day. H Ho testified as to strike conditions. Un- 1 der a searching oroys-exaniinatioii bv J. H F KichnrdHon, Eoutau ndnutted .that H union minors were deported ami driven IH bv forco i'rotu the county wbilp h vr M 'Slicnll, :iotl that no attempt was made lo prevent or punish thoso who attacked '.no union men. He paid that, the deportations de-portations were the work of the lcacliug cilizons of TeJIuride. Third Day of Rebuttal, s The third day of tho Slate's case In robuttnl Qk'alust William D. Haywood was bosun with Lawrence Gulbblnny, tho San Francisco Rrocer, again on the otand. Ho was recalled at Ihe request of tho defonso. Ho was asked a row additional questions as tn geographical locations In t'lo neighborhood of the Bradley apart ment Iiouhh. A. C. Cogswell of Wallace. Ida., fol-1 fol-1 lowed Gulbblnny. Ho wan called further to impeach Dr. I. L, McGce, a witness for the defense, who iu under arrest and vho has been brought to Boise from Spokane, Spo-kane, whero ho was taken into custody. Dr. idcGec testified as to certain dates by fixing tho date of a county Republican Repub-lican convention In Wallace. Mr Cogs-, Cogs-, well, who was permanent chairman of tho convention, gave different dales. The attorneys for the defense moved to strike out the evidence as Immaterial, and when this motion was denied they declined to cross-examlno. While Cogswell was on the stand tho State offered in evidence a copy of tho Idaho Tribune, published at Wallace, and identified as tho ofliclnl organ of tho local unions, of tho Western Federation of Minors at that time. Tho paper contained con-tained a three-column account of tho blowing up of tho HunKcr Hill and Sullivan Sulli-van mill, which tho Stuto desired lo placo before tho jury in answer to Attomoy Darrow'a opening statement that tho defense de-fense would show that the crowd which attacked tho mill was an unorganized mob. In the argument which arose oyer tho admissibility of the nowspapor. Attorneys At-torneys Hawley. for tho State, and Richardson, Rich-ardson, for the defonso, had a sharp clash, and personalities were indulged In for the llrst rime since the trial started. Judge Wood took the matter under advisement, ad-visement, indicating that ho probably would not admit tho paper in view of tho fact that the defense had introduced no evidence in support of the opening statement state-ment by counsel for tho defense. Was Orchard iu "Wardnor? Dr. Edward R. Alvard, a druggist of Burke, Ida., was called, and testified that he did not see Harry Orchard about town during the time tho mob hod gono to "Ward net to blow up the Bunker Hill mill. Ho did sco Orchard, however, Immediately Immedi-ately after the train got back On cross-examination Alvard said ho had no personal grudgo against tho Federation, Fed-eration, although ho had a member of It arrested for ordering him out of the country. Ho denied that he had over had any trouble on account of insanity or that his wife had sued for divorce on that ground. He was not living with his family, fam-ily, however. A. T. Holman, a mine operator of Cripple Crip-ple Creek, next took the stand. At the time of the strike Mr. Holman was in charge of the Golden Cycle mine. Prior to 1003 ho was in the Vindicator mine. The witness told of somo personal experiences ex-periences with the strike committee, and then went into a description of the Vindicator Vin-dicator mine explosion. Mr. Holman reached the sixth level, whore McCormick I and Bck were killed, within twenty minutes min-utes after the explosion. A plot or diagram of tho lovoi in the mlno was Introduced in evidence and described de-scribed to the jury In detail. Mr. Holman's direct testimony was , largely of a technical character, and was f . Intended to rebut tho toetlmony of tho ' witness Wood, a minor, who testified for i" the defense as to his own experiences In tho explosion On cross-examination Holman said he had taken an nctivc part In the strike and had been a member of tho Mine Owners' association from the first. The witness had told of tho beating up of an old man named Stewart, who had worked on hc company's properly after the (Strike was declared. ; "Now. Isn't It a fact." asked Attorney Richardson, "that old man Stewart go"t drunk, wont homo and was beaten up bv his wife?" ( "I nover hca,rd that theory before," re- pliod Holman. i Richardson went Into a long lino of questioning as to the organization of the iliac Owners' association. Holman paid tho various mines paid quarterly asscss-i meats to Lho association. When tho troopa woro called out the association bought the Stuto'a certificates of indebtedness indebt-edness issued to cover the expenses of tho military occupation of Crlpplo Creek, Denied Pointed Question. "You decided to get rid of the Western Federation of Minors because It had called a strike and you got tho militia out to help you, didn't you?" demanded Richardson. Richard-son. "No," replied Holman; "wo got tho militia because the Sheriff couldn't keep order and protect the mining property." "Didn't tho military, the Mine Owners association and the Citizens' alliance all work together?" "All law and order people did: yes. sir." "Now. as to tho beating up of old man Stewart and ono or two other incidents of disorder, iBn't It a fact that thoro is always moro or less drinking and fighting In every mining camp of which you have had knowledge?" "Yes." "Men will get drunk and fight most anywhorc, won't they?" "I suess they will. ' L. G. Ramsey, an assayer of Victor, Colo., who was powderman In tho Vindicator Vindi-cator mlno at the time of tho explosion in 1903, was called In further rebuttal of tho witness Wood, whoso testlmonv wan regarded as highly important, as tending to Indicate that the occurrence at the Vindicator was an accident Instead of a plot as outlined by Harry Orchard. Wood told of seeing a box of dynamlto left on the water barrel of tho eighth level of tho mine, and drew the Inference that McCormick Mc-Cormick and Beck took this powder with them to tho sixth level, where, in somo manner. It exploded. Wood explained the finding of the remnants of a pistol near Beck's body by saying Beck carrlod a pistol. In contradiction of all this, Ramsoy declared de-clared today that during the time ho was in the mine ho never saw a pistol in tho possession of either Beck or McCormlcn. All powder passed through his hnnds, and overy morning and evening ho Inspected the mine to see that no powder was left about. "Was there a water barrel loft on the eighth level?" asked Hawloy. "No, sir. there was not." Wood said McCormick and Beck had been on the eighth level Just boforo going to the sixth, whero the explosion occurred. oc-curred. Ramsey contradicted this absolutely, abso-lutely, saying he saw the two men descend In the cage Just before the explosion and heard them give Instructions to lho eager to stop at the sixth level. At this point the luncheon recess until 2 p. ni. was ordered. Articles Killed out. After recess Judge Wood ruled that tho article concerning tho Bunker Hill explosion ex-plosion in tho Idaho Tribune would not bo admitted In evidence, because the defense had not introduced any testlmonv on the subject. When Ramsey resumed the stand after recess, he said ho found some 40 per rent powder where Beck and McCormick were killed. The only powder regularly used In tho mine was 3n per cent. On cross-examination Ramsey said there was a water barrel on the ninth level, but not on the eighth. "Isn't it a common thing to havo water barrels In mines?" asked Attorney Richardson. Rich-ardson. "Yes, they have water barrels for drift work. "How did you happen to think of this matter of water barrels In tho Vindicator? Vindica-tor? "When I saw Wood's testimony in tho papers I called up Mr. Arnold of the mine and told him I knew that some of Wood's testimony was false and that 1 was ready If need be to go lo Idaho and sav so." Ramsey said that both McCormlcjc and Bock had pistols in their offices or at homo, but never enrried them in tho mine. Attorney Richardson read extensively from tho testimony given by the witneat at the Coroner's Inquest following the explosion. ex-plosion. In that testimony Ramsoy told of finding but ono bundle of powder In thn vindicator coal hlns. Ha said today thore woro two bundles as a matter of fact. "Is your recollection botlor today than It was then?" queried tho attorney. Admits Irresponsibility. "Well, I wasn't altogether reoponFlble at that time, and I don't think you would have been either If you had been there." 'Maybe not," commented Richardson. Ramsey said that. McCormick. who wns killed, was his stepfather and ho was Srentiy excited at the tlmo. "But I think T havo improved since then, Fald Ramsey. One of the Jurors. Samuel D. Gllman, at No. 3, wanted to know tho witness's ace. Ho said ho was 22 At tho time of tho explosion he was IS. Sheriff Routan of San Miguel county, Colo., of which Telluride is tho county seat, succeeded young Ramsey In the witness wit-ness chair and told of a riot in tho Telluride Tellu-ride district prior to the calling out of the troops Tho riot, he deciarod, was led bv Vincent St. John of the Western Federation Federa-tion of Minors, and ho recognized many of tho mon in the mob as members of the federation. Tho witness also told of tho murdor of Arthur Collins, superintendent of the Smuggler Union mine, as ono of tho Incidents Inci-dents which led up to a declaration of martial law. "What other crimes led up to the calling call-ing out of the troops?" "Well, Wesley Smith and another man working on the Smuggler Union mlno mysteriously disappeared " Tho witness was Interrupted by Attorney Attor-ney Richardson, who declared the "Western "West-ern Federation of Minors could not be held responsible for every man who disappeared dis-appeared from the district. "The evidence will bo admitted as showing show-ing tho conditions which led to martial law," ruled Judge Wood. Sheriff Routan told of a Mexican being killed and of James Phillips being shot through the arm and beat up. Tho sheriff signed the request for tho troops. Martial Mar-tial law was not declared for moro than a month after tho arrival of tho militia. In cross-examination of Sheriff Routan, Attorney Richardson said ho wanted to show who It was that combined to fight tho miners' union. "When the strike was doclared." he asked the witness, "Isn't it a fact that the miners boycotted all tho gambling places, all the stores except Flotan's and all the banks?" Sheriff Routan said he did not know-that know-that this was true. A. H. Flotan did not belong lo the Citizens' alliance. He was afterward deported. "And ho was boatcn up, too, wasn't he?" "I don't know as to that." . "And when I went down there to trv a case, one of your deputies beat me uri. didn't he?" "I didn't sec that." Mlno Managevs as Deputies. "You appointed Bulkloy Wells, manager man-ager of tho Smuggler union mine, as ono of your deputies, didn't you?" "Yes." "And the managers of tho Tom Boy and the Liberty Bell mines also?" "Yes." "And all tho bankers and somo of tho gamblers?" "I don't remember as to the bankers." "It was the accepted policy of tho Interests In-terests opposed to the union to beat up and drive out evorybodv connocted or in sympathy with tho union, wasn't it?" "I never heard It put that way no." "Many of the men who were deported owned their own homes, didn't thoy?" "Some or them did." "And you na sheriff did nothing to protect them?" "Thoy were deported by the citizens and the militia." "Do you remombcr a petition signed for you by a deputy in charge of the office, saying that when you went to Ouray to bring CharlcB II. Moycr to Telluride that you wore being resisted by a largo body of men and needed military assistance?" "I hoard of it after i got back." "As a matter X( fact, you woro not opposed op-posed to anybody and Moyor made no resistance whatever and lio came back willingly with you?" ,,"Yes, sir, he did. Thore was no trouble. trou-ble. "Did you know Riddell was a Plnkerton when he was In Telluride posing as a miner?" "Not until after he was deported." Richardson asked a perfect hall of questions ques-tions as to tho character of various deputies depu-ties on the sheriff's payroll, as to their being notorious gun men. etc. The questions ques-tions were ruled out on the ground of Immateriality. As to the matter of materiality. Judge uood saldt "If the dofenso had objected to the witness wlion he waa first placed on tho stand, the objoctlon would have been sustained." Sheriff Routan said soipe of his deputies were not. on the county pavroll. Tie dldn t know of his own knowledge that thoy were paid by the mine owners. As court adjournod until tomorrow morning at 91!0 o'clock. Prosecutor Hawloy Haw-loy announced that the State would have twelve more witnesses on rebuttal. Ho anticipated tht the cross-examination of these would be lengthy. |
