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Show I Second Arrest on Allegation of Giving false Testimony Made After Ad-r Ad-r journment of Coyrf Mon- m . day Afternoon. I r-'-- I DEfENSE MAKES ORCHARD ADMIT I' THERE WAS INSANITY IN HIS FAMILY ! Testimony in Rebuttal to Show That Gas Could " Not Have Caused Explosion in i: Bradley House. IS J30.ISE. Idaho-, July 15. Another war-'jW.'iit war-'jW.'iit charging perjury against a witness ,Kw has testified for the defense in the of the .State of Idaho against- AVil-:flP AVil-:flP ham - Haywood was issued this even-, even-, fug. C. W. Aller, formerly a telegraph operator and ticket, agent at the depot r of the Florence and Cripplo Creek rail way at Cripple Creole, Colo., is charged with the offense by the. prosecuting al- torne" of Ada county. Allcr was im- mediately arrested and held in $5000 L. Jionds. The preliminary hearing will bo j set to take place within the next few i? days. Eleven witnesses in rebuttal were ex- i- auiincd today in the JTaywood tria. i if" Harry Orchard reappeared on the stand j and was asked a few questions as to ) !V his acquaintance with some of the wit- j 3 ncsses for the defense who have test i- K tied as to his movements. On being I K turned over for cross-examination he ad- Wi mittcd that his uncle, Peter McKinncy, 11 committed suicide by hanging thirteen jt or fourteen years ago.. Counsel for tho ' defense asked Orchard if this uncle was j not intone before he killed himself, and ; r7 also tried to show by the witness that f his maternal grandfather wis insane his k monomania ocing imaginary . crimes committed a long time ago in Ireland. ! Orchard denied all knowledge of the ' grandfather, but admitted that his uu- I cle was demented. '. Striking at Story of Defense. '""" ' Tho entire aflernoon session was ? taken up with the examination of wit- nessos who contradicted tho evidence L given by C, W. Allcr, who testified for tho defense in support of the charge of a conspiracy against I he Western Fed- fe oration of Miners, in which it is alleged ft the Mine Owners' association, the Citi- Jf- zens' Alliance and the Pinkcrtou dc- lectivo agency were concerned. Aller swore that he saw Orchard and D. C. Scott together at the depot of the Floral Flor-al once and Cripple Creek railway on a. ' $ Sunday about three weeks prior to the I ft- explosion at the Independence depot on I ft the 6th day of June. lqi. Scott this 1 afternoon swore that ho was not in P( Cripplo Creek at ihe time, and a num- It- lier of witnesses corroborated this. As j; :i result of this rebuttal testimony in formation was sworn out affer court, adjourned ad-journed charging Aller with perjury. Tho explosion at the residence of ',ed Bradley in San Francisco was fejn under consideration today, the flrc undertaking to show that "the e.f-flrl e.f-flrl of an explosion of illuminating gas yshld not have heen that described iu depositions taken for the defense W San Francisco. The manager of tho Boris Gas company, who was at one lime a resident of "New York, qualified asan expert. He discredited the proposition prop-osition that gas could be ignited .by ihe glow at the end of a cigar, lie was cross-examined at considerable length by Mr. Richardson, and showed a close technical knowledge of gas and its possibilities pos-sibilities as an explosive. The general effect of his evidence was that, tho explosion ex-plosion at the Bradley house could not nave been caused by gas. On Dangerous Ground. Much amusement was caused bv a wordy engagement between E. F. Jficli-ardson Jficli-ardson and .13, M. Sabine, an attorney of Idaho Springs, Colo. Sabine was eu-gaged eu-gaged iu .tho prosecution-of a number of cases charging fourteen members of the Western Federation of Miners with crime and conspiracy during the Inbor troubles of 190$. Mr. Richardson was the defending counsel in these cases. There was a sharp exchange .between the two, but enough of good humored badinage to keep the court room iu a. ripple of laughter for half an hour. Sa-biuo Sa-biuo intimated his willingness to tell many things that .Richardson appeared anxious to keep out of the record, and it kept Haywood's counsel busy heading the witness away from dangerous ground. Sabine admitted that Richard.-Hon Richard.-Hon hud beaten him, and had cleared his clients, but ho managed to get before be-fore the jury his opiuion that tho defendants de-fendants were guilty, notwithstanding a verdict of the jury to the contrary. Defenno Scores. a Point. When the Haywood trial was resumed this mornlnsr .bulge Wood announced that lie had decided to sustain the obiectlon of the dcfcn.se to tho admittance In evidence evi-dence of the records of th Elate insane asylum Hhowins the commitment to that Inetitmlon of John D. Elliott, who as a witness for I ho defeiiFe testified to a lonvr conversation which he gnid he had with Harry Orchard In November. 10015. Tho court cited a statute which provides that Insane persons shall not he accepted an wlin?useF. Apparently, hq fc(ild, tho prosecuting prose-cuting attorneyK knew of Elliott's, com- nutmcnt when he appeared on ihe stand. Jtf they should have objected to his ts--tiony at that time. William Dewey, the wltncns who slar-niod slar-niod the courtroom on Saturday bv cm-iCEElnpr cm-iCEElnpr to participation In the "Coeur ' fcTlMiir,nl1; nSd.,.,he attnek on tho Bim-or Bim-or "11 and Sullivan mill, wuh recalled iftan " hSri,id0,nt!fy F- Df,vlK ns An ii . iand?'J 0,11 vlins a,ul ammmil--r ti4 dns' thc 1T,ob started for the M' ,JBai?.,infonB toolt alviiUKe of Dewey's atli:aruace to question him further s If ) 't to his motive for testifying at this time. Dewey denied that he had been allowed to go. in debt to thc extent of $o00 lo the union Htorc at Cripple Creek through thc. leniency of Davis. '"Didn't Davis flnnlly deny further credit to you, and wasn't It then that you left thc union?" asked Attorney Richardson. "No, sir." Dewey admitted thai he still owes tho union 520 or $25 for supplies; from the store. He paid he had never been refused re-fused credit by anyone. "Didn't you. after testifying on Saturday, Satur-day, say to thc man who accompanied you down town I hat you knew thc names of at least 200 of thc men who wont to the Bunker J I III and Sullivan mill, but you would be If you would tell that lawyor fellow?" demanded RIchardeon. "No." The witness declared he could remember remem-ber no such conversation. Neither could lie remember just what was discussed. Lawrence GuibbinnI, the San Francisco grocer who lived across the street from tho Urndley apartment house. was recalled re-called to deny that he served a drink to a man named Reilly tho morning of the Bradley explosion. Reilly. who appcarod as a witness for thc defense, declared Gulbblnnl and his wife had served him a drink. Mrs. Gulbblnnl also took the stand and denied what Reilly hud said. Had His Expenses Paid. On cross-examination Gulbbinni said he had received ?H25 ns traveling expenses for returning to Boise from San Francisco. Fran-cisco. Thc State continued further lo rebut testimony as to thc Bradley explosion. C. D. J.ar.'on of the Boise Gas Light company next was called as a gns expert ex-pert to rebut the theory of tho defense -ihat-ihp Brad-Icy espionloii 'ivan caused ' by gas. the ignition having been through a lighted cisar. I.anson declared in ppsitivc terms that gas would not Ignite from any glow-such as that In a lighted cigar. Ho said a tlamo temperature was necessary before gas explodes. I.anson declared thc accumulated gas in a room or liallwaywould be so dense it would be Miirely detected by the smell. The force uf a gas' explosion, the witness wit-ness said, was equal In all directions. Crcfes-examinod by Attorney Richardson, Richard-son, Lanson said the Boise Gas company has no rules against smoking at tho works. ! "But that's because the gas Is con- fined'.'" was suggested. " Yes." "Snppo.ie it wasn't eonlltiert, would you allow smoking?" "No." "I didn't think so," commented- Richardson. Rich-ardson. The witness said the only way a cigar could ignite gas wa.s for tho smoker to puff violently enough to fan tho wrapper wrap-per Into a llnme even then the wrapper would have- to be unusually light and dry. Orchard Again, on Stand. J-Jarry Orchard was called to tho stand. As In the early stages of the trial, he was preceded and followed by a deputy. Today, however, there was no "gun men" or dotoclives in the guarding party. "Were you ever known as or called "Shorty" at any faage of your career?" asked Prosecutor Ilawley. "No, sir." Pat. Moran. the Cheyenne saloonkeeper, saloonkeep-er, testified tlml the Nevilles came to his saloon with a man called "Shorty," whom he supposed to be Orchard. - Orchard denied that he ever introduced Piukerton Operative Gratias to MnxJMa-llch MnxJMa-llch or Joe RIddell or that Piukerton Operative Riddell Introduced hint to Joe Barnes. Tho cross-examination by the defense was devoted to an inquiry into the family fam-ily history of the famous criminal. It now beinc clnimcd that evidence has been discovered to show a strong strain of insanity on tho maternal side. "Do you know Patrick McKfnney?" aoked Richardson. "No." "Wasn't your grandfather named Patrick Pat-rick McKlnnoy?" "Ills name was McKinncy that's all I know." "Lie was Insane, wasn't he?" , "I don't know." "He may have been and you couldn't recall It?" "I don't know. I don't remember- him; 1 think he died before 1 was born." "Anil didn't h! hang himself?" "I don't know." "Well, didn't you have an uncle who went insane and Imagined ho had committed com-mitted a crime and hanged hlmaelfV" Orchard's Urolc a Suicide. "I never had an uncle who Imagined he committed a crime, but I did have one who hanged himself.. He had boon demented a your nnd a half. Ills name was Peter .M'cKinncy a son of my grandfather on my mother'n side." "Wero you ever arrested for arson and burglary in Butlo?" "In Butte," queried Orchard, pensively, ap if to be jure of the location and not t no crime. "Ves." "No. sir. I never was arrested in Binte." Orchard denied that ho had aver told a man named Broknw that ho hail, been iu the employ of thc Plnkction Detective Detec-tive Agency for five years, "On the witness stand, you said. Mr. Orchard, you knew nothing about a so-called so-called 'inner circle' of the Western Federation Fed-eration of Miners and yet In tho Hist Installment of your titory which has appeared ap-peared in a mngnHln you devote a. paragraph para-graph io the inner clri?lc. Mow Ib that?" An objection from the- Slate was quickly sustained by Judge Wood. "Wo are not going into that matter," remarked the court. Orchard hero left the stand. Counsel for thc State said ho, might be recalled once more lator on in the case. Walter Bynum. a plumber of Denver. Colo., testified that he saw Pat. Moran in Denver in June. 11)0-1. Orchard in his - -Continued. on. Pugu Eight, f ' . WITNESS fOR HAYWOOD IS CHARGED WITH PERJURY Continued from Pago One story said he sent Mbran to Denver lo got $500 from tho Federation. Moran denied that ho had gone to Denver In j .nine for any purpose Hynum said ho Itnew Moran well and could not ho mistaken. mis-taken. K. M. Snbln, an attorney of Ida ho Springs, Colo., was next on the stand, lie said ho Isnew Detective Lvto Gregory, Gre-gory, who wni killed by Harry Orchard. Gregory had been engaged by t.he prosecution prose-cution to secure evidence In the caso of conspiracy growing out of an attaok on the Sun and Moon mine. Tho defendants defen-dants woro fourteen mouthers of tho Western Federation of Minors. Including D. G. Copley, a witness for tho defenao in the present case. Tho defense has claimed that Gregory bnd nothing to do with anything in which tho Federation was Interested. Lawyers In Altercation. The witness. Snbln. prosecuted tho conspiracy con-spiracy coso and Attorney Richardson was leading counsel for the del'enso On ross-e.vamlnatlan tho two got Into an altercation as to whether or not there hnd hcon a discussion among the citizens to tho effect that tho dotoctlvos employed by tho prosecution had not eurnod their money. Attorney Uawlev chimed in and Judge Wood, after listening to a running fire of questions and answers among thn attorneys caused a wave of laughter by announcing In a loud olce: "One witness wit-ness at a time, If you please, gentlemen Richardson and the witness woro nt hammer and tongs from tho very first. "Those men wero all given a verdict of not guilty, weren't they?" "That's true: no one has ever denied pou the glory of that victory," replied Sabln. "I'm not asking for glory. I'm asking the facts," said Richardson. "Well, the facts ns I saw them woro that these men, ovory one of them, wcro guilty." Richardson wanted to hn.vo this last answer stricken out, but tho motion wnn denied by tho court. Richardson drew out the fact IhDt at the time of tho Sun and Moon explosion. Sabln and eighty other members of the Citizens Alliance wero placed under bonds to keep the peace. The witness donled that this was the reason tho Federation Fed-eration men had been prosecuted. "But those cases woro all tried by special prosecutors and tho District Attorney At-torney had nothing to do with them?" "Yes, but It was becauso tho District Attorney was what you called him at the trial, a nonentity." Sabln said he was, paid somo money for his services at tho trials by the Sun and Moon Mining company. The luncheon recess until 1.30 p. m. was taken 'as the cross-examination closed. After recess. In the re-dlrect examination examina-tion of the witness Sabln. Prosecutor 'Hawlcy began to question tho witness as to the reason for organizing the Citizens' Alliance, upon which tho defense laid much stress. lie -had gone along for some llmo when finally the defense objected ob-jected on the ground of immateriality. "Wo thing it's Immaterial, too," declared de-clared Hawlcy, "and wo didn't go Into it until tho defense did." "Tho court thlnkG It Is Immaterial," said Judge Wood, "and the objection Is .sustained." The witness could not recall any criminal crim-inal act In tho Idaho Springs district prior to l ho summoning of Detectives Gregory and Balrd. Detective Scott Testifies. D. C. Scott, former special agent of the Florenco & Cripple Creek railroad, was called to contradict the testimony of a telegraph operator named AUcr, Who testified thai he saw Harry Orchard In Scott's office In the depot at Cripple Creek In April. 1301. Scott said he left the employ of the company the last of March, IDOt, and gave up his office in tho depot at that time. He rc-entorcd tho service in August, 1901. but did not occupy I1I3 former office In the depot until October Ho declared ho had not scon Aller during the time ho was out of the employ of the railroad. Cross-oxamlnod by Attorney Darrow. Scott said his position was not that of a detective, although some of the duties wcro similar to tlioso of such officers. He said he was well acquainted at Pln-kerton Pln-kerton headquarters. "How many times have you seen Harry Orchard to talk to him"" asked Darrow, "Six or seven times." "Where?" "In th Florence Cripple Creek depot at Cripple Creek and at the Adams hotel. ho-tel. Denver." The first time he met Orchard wa.s when ho came voluntarily lo tell about the proposed attempt to wreck a train. "Did you ever give him any money?" "Yes $20 at one time and $1f whan he went to Denver to see Bill Easterly for me." "You sent. Orchard lo headquarters of the Western Federation of Miners''" "We talked It over and thought Easterly Eas-terly might be found around there." "Orchard told you he was not acquainted ac-quainted at headquarters, didn't ho?" "Yos." "So that the first time Harry Orchard ever went to see Haywood, Moycr or Pettlbone. it was on money advanced by you and on transportation Issued by i you?" Gave- Orchard Pass and Money. j 'T gave him a pass and 515 to go to Denver and see If he could learn any- I thing moro from Blfl Ka.iterty about the train wrecking." "Did you ever so Orchard In tho pnis-ence pnis-ence of K, C. Storllng. dotectlve of the Mlno Owners' association V" "Yes, air. twice, in my office In the Crlpplo Croek depot, t Introduced Or-rhard Or-rhard to Storllng. No, J never saw Sterling- give Orchard any money." Scott said he knew Telegraph Operator AJIor quite well and had dlnod at his house in Cripple. Croek. Mr. Huwloy continued, tho examination of Scott In re-dlrect, A number of arguments argu-ments arose over objections by the. defense de-fense to the questions by which flawley endeavorod to bring out conversations between Orchard and Scott. The conversations con-versations were finally admlttod. Tho witness said that when Orchard ca.mo to see him for the fim time lie Introduced himself as a brother Mnsou. Scott told him lo go abend and tell his story. Orchard said tli.it he and "soiuo of tho boys ' wero going to wreck a. train, that they hnd trlod It onco and would do It again that night- In this conversation conversa-tion Orchard Implicated Parker and Davis as having been engaged In the plans lo wreck the train. The claim or the dc-fennc dc-fennc Is that Scott, with K. C. Sterling, drew tho spikes and that Orchard was engaged by thorn to commit many outrages out-rages and lay them to the door of tho Western Federation of Miners. Mrs Lloyd Baker, now of Chicago, but formerly proprietress of the Miles hotel In Dcnvor, corroborated Scott as to Ids being a guost at the hotel April 20, 1901, and for somo tlmo thoreaflor. Tho hotel register and cash books woro Introduced In evidence. Reason to Romembor Scott. On crosu-examlnntioti Mra. Baker said fiho had special reusons for remembering Mr. Scott personally. Attorney Richardson, Richard-son, for the defense, did not ask what the particular reasons wore, but Mr Hawley did on ro-diroct. Richardson objected ob-jected "We haven't asked," he Insisted. The objection was overruled and Mrs. Bakor said: "Mr. Scott had not been there long when somo one began to pin notes on his door, and we were afraid something was going to hapnon In the hotel. Wo wished lie would give up his room The witness was not allowed to slate the contents of the notes. J. J. Cogan. who was chief clerk of the Florence .V Cripple Creek railroad In 1901, said he saw Scott in Dcnvor several times a week during April, May and June. 1904 He also Introduced tho company's payroll, pay-roll, which showed Scott was not in the employ of tho company after March 31 1904, until September of the same year Cogan said that during the time Scott was unomployed he had no right lo use any office in the depot building. James B. Mlddaugh, at present tho chief trainmaster train-master of the Chicago Bell railway, and formerly trainmaster of the Florenco & Cripple Creek railroad, said ho did not sec Scott. In Crlpnle Crock during April. May. Juno and ly of 1901. With the conclusion of Mlddoiigh's testimony court adjourned until Tuesday morning at 9.30 o'clock. |