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Show STATE WILL FIGHT WTJVHE Attorneys for Prosecution in Haywood Trial Serve Notice of Motions to Strike Out. HEARING OF TESTIMONY MAY BE LONfi DELAfED Defense Continues to Attack Orchard's Story; Shows Pink-ertons Pink-ertons Advised Violence. BOISE, July 3. At tho adjournment of the Steunenberg trial today the prosecution pros-ecution served notice of its intention, to submit a series of motions to s.tnk out evidence of the defense, unless th connecting up testimony that has bee promised is forthcoming. Clarence Dar row, tor tbe defense, had previously announced that, his side might be abk to rest by Saturday evening, although it might be necessary to let the calling of Haywood and Mover go over until Monday, and following an informal eon-ferenc.d eon-ferenc.d with counsel Judge Wood di' reeted the prosecution to be ready on Monday with its ease in rebuttal. James W. Hawley, senior counsel foj the State, said in reply that it was the intention of himself and his assistants to present a genes of motions dealing with the evidence presented by the defense. de-fense. Messrs Darrow and Riehardson were on their ieet instantly to say together to-gether that the defense also would have some moMon to make-, so that at the end of this week or the early part of. next the taking of testimony will probably prob-ably be interrupted for an extended argument ar-gument on the admissibility of a mass of evidence already in the record. Strong Showing of Defense. The defense operated today along, nearly all of its lines There wer? attacks on Orchard's testimony at. several sev-eral points, there whs a showing that union miners had been abused by the mine owners and militia at. f'npple Creek and Tolbirtde there was a showing show-ing ihat Pinkerton agents had advised. viuier.ee and endeavored to prolong a strike, a woman who served with the) relief committee that loosed after the families of the deported miners at Cripple Crip-ple Creek swore that she had been twice arrested and twice warned that, if sh persisted in her work she would be dVptited, and another woman located Orchard with Detectives Scott and Sterling Ster-ling the night of the second attempt to wreck the Florence & Cripple Creek railway train. Two of the witnesses were men who figured conspicuously in the testimony of Orchard They were David f'oates, former Lieutenant-Governor of Colorado, Colo-rado, and Pat Moran, former! a saloonkeeper sa-loonkeeper of Cheyenne. Coates positively- denied Orchard's version of tbe plot to kidnap the children of August Paulson, and Moran denied that, he made a trip from Cheyenne to Denver after the Independence station was blown up for the purpose of getting $300 from George A Pettibone for Orchard. Or-chard. One Juror Not Well. As for several davs past, there wer many vacant hunches in the xurtrooin When the morning: session of the Haywood Hay-wood trial opened today. It was announced Ihat .Turor No. 7 H. F. Massecar. hurl heen eiulte Hi during1 . r...l .,v,..i Mv Moj. secar if he felt able to proceed todav. I pon receiving an affirmative reply, the court informed the juror that tf at any lime tie felt It necessary the trial would he interrupted until he rva.i in better physical condition. The prosecution asked the court to Issue an order directing- W. F. Devi", one of she leading witnesses for the le-fense, le-fense, to remain within the jurisdiction as he would be wanted again. The order or-der was issued. Francis C Clifford, a life Insurant a solicitor of Sterling. Colo., ma the first witness of the day. Clifford said he moved from Scanton, Pa-, to Denver in Vpril l'."T He rented desk room In fieorne A. Pqttlbone's store In Denver, holding It from April until November, lfoi5. The witness met Orchard under tin) name of Thomas llogan, Pettibone making the introduction Orchard came around the store just us dosena of others did. according to the witness, who described de-scribed the store as one big room. There was also an Individual collar beneath. "Orchard told me one day that h wus making lots of money selling hail Insurance," declared Clifford. "He then turned to Mr Pettibone and asked hiin to cash ii cheek. Pelflbone looked at the cheek and said he did not have enough money. He oOfered to give Orchard as much" as he had. orchard said lu. would tnki what Pettibone had and get the balance bal-ance later. "The next time 1 saw Orchard he told me he was going to Alaska. This was in June. 1P05. ' Clifford oaid he never saw a light In Pettihone's cellar at night but once in October, 1906 ijn cross-examination the witness said he heard in June. 1905, that Uogan's real name was Orchard Pettibone did not tell him. Me asked Pettibone about tha matter, however, and lhe latter said h believed Hogan's right name was Orchard. Or-chard. As to the check, Clifford .said he did not see who It waa from or tht amount of it. Pinkerton Preached Violence. Joseph C. Barnes, living near Montrose, Colo, was the next wiinees. He said that be and George W ltlddell. Plnktirt.on operative No. 84, were chums and fellow members of ih union nt Telluride. Barnea declared that Rlddell was constantly con-stantly suggesting violence. He proposed to roll two kegs of dynamite down a hill Into the Liberty Bell mill; he advised i he miners to punch" any of the deputlc.-or deputlc.-or "bad men'' who looked cross to' them to burn Uie town of Xeilurldf II I beat up any men who started to work I and run them out of town. .na lv Barnos was a most loqunciou8 witness and constantly called out waves of h laughter by Ills ready and lenglny re- PlAftor boing- deported from Tellurlde. Barnes told of golnff back to the town , in I; a barrel. Tho militia discovered him. but 1 he oscnpod by climbing a tree. Ho saw j Orcliard and Rlddcll together once in Tellurido. . ., ., CroF3-examlned by Senator Borah, ', Barnos said ho had never engaged In any LI criminal act with- Riddell. ijS "Did you over contemplate a crlniev fj .Ye s,r- when I started back to Tel- h lurldo I made up my mind to Kill any ,, man who stopped mo. ' "Dld yon?" lif . ., i "No. sir. tho militia got mo. "Did Blddcll say ho would help you kill anybody?" , , , , "No. but he said he would do tho sumo , thing." , ., ' Barnes was a member of tho strike 1 commltteo In the Tellurlde district. Ho said that In December, JOOfi, all t.ho members of tho commltteo were in favor of calling the strike off except Blddcll, "who said he wouldn't stand for It. Pat Moran, tho Chcyenno saloon , koepcr, whom Orchard said was sent by him from Cheyenne to Denver to get. ?500 from Pettlbono, was noxt called to , the stand. Moran said he once worked ' for Pottlbone in Denver,- selling clocks ! and lamps and other goods on the In- ' siallmcnt plan. l Moran Did Not Sec Orchard. Hij Moran not only donlcd going to Denver H'l on nay mission for Orchard, but said .g ho did not know that Orchard was ever In his - saloon. Johnny Ncvlllo and his son and " a man whom they called l "Shortv" were around there for several i days. "Moran said ho had tried to iden- tlfy Orchard since coming to Boise, but could not positively say ho was tho man who was in his place. Me had ldentl-lied ldentl-lied young Neville, however. Moran said he saw W. F. Davis will h the Nevillo party In the saloon ono day. 1 He had mot Davis in Denver. Under cross-examination Moran said that ho i and Davis went fishing togcthor In Chey- l onne. Out at Uio dam they run across t the two Nevilles and Orchard, The en- l tiro partv slept together In the woods l that night. Moran and Davis became j bunk males. j Durlmr tho afternoon Mornn said that f he and tho Neville boy fished together. ! and Orchard, Davis and tho older Ke- i VHle went up the creek together, j "Did it occur to you." asked Senator Borah. "Hint they were sending you away with the bov so they could talk?" "I did think about that afterward," declared Moran. John Dcnnles, a former Ciipplo Creek miner, when introduced as a witness. Fa Id ho knew a Plnkerton deloctlve named Bcckman, who as a member of jiho union, got up in meeting one day 'and declared ho was tired of peace, and thought somothing ought to be done. He was declared out of order by the presl- George B. Breen. formerly a railroad conductor at Cripple Creek, and who was a witness several days ago, was recalled to tell of taking Gen. Sherman Bell and a conlpany of militiamen to Dunnvlllc, Colo., to round up some union men who had taken to the hills. Hi Tolls of Shooting Miner. Brccn said that five uniformed men 1 acted as Boll's bodyguard. They car- Hf rled sawed-off shotguns and slx-shoot- H! ers. The defense laid emphasis upon Iho H' awod-off guns. Orcliard, In his tesll- i mony, referred constantly to weapons of Ht this character, which lio said he got at miners headquarters. Breen told of tho i flight of three miners up the hill at Dunnvillo and the firing of the militia at them. One of the men was killed. Hf Several others were captured and their Hf camp looted. In the camp the soldiers found two broken-down shotguns, one rifle, a six-shooter, a pair of scissors, i a knife and fork, and a can of sar- Hr dines. Attorney Darrow, when asked tho puroose of this testimony by the court, . said it was to show a part of the gen-eral gen-eral conspiracy to. crush the "Westers Federation .of Miners. Luncheon adjournment was taken un 2 p. m. David , C. Coates. former Lieutenant -B Governor of Colorado, formerly a news- paprman of Wallace, Ida., was the first witness at the afternoon session. Mr. Coates is the man Orchard said suggest-n suggest-n ed tlie kidnaping of one of the Paulson children in Wallace, Paulson being a for-H for-H mer partner of Orchard In the Hercules l Examined by Attorney Darrow, Coates said he had been a newspaperman practl-callv practl-callv all of his life. Ho has ot type, re-ported re-ported and published his own paper. He once belonged to the' International Typo-graphical Typo-graphical union but was never In any way connected with the Western Federa-. Federa-. tion of Miners. The witness was Lleu- tenant-Governor of Colorado under Gov-ornor Gov-ornor James E. Orme. He knew Hay- 1 wood, Moyer and Pettlbone in Denver. and met Orchard under the name of 1 Thomas Hogan in Petllbone's store the day the witness wan leaving to make his home in Wallace. "I was in a hurry when I met Hogan," said Coates. "and he walked down the street with me. saying he had once lived near Wallace In the Coeur d'Alenes. Ho said he once held an Interest in tho Her-culcs Her-culcs mine and that August Paulson was one of his partners. He said he was known in the Coeur d'Alenes as Harry Orchard and asked me to glvo Paulson his regards and tell him he was coming to see him soon. Looking for Easy Money. The next lime 1 saw Orchard was six weeks after I arrived In Wallace. He met me at the bank and said he had come up to see some of his old friends. Two or three days later he came to my ofneo and began to talk about looking for some easy money. He said he thought he might get some by stealing some of Paul-Bon's Paul-Bon's children. I don't know that I made j any reply to him at all, for I didn't think he could he In earnest. "Some days later Orchard came In again. He said he had been up lo Paul- son's liouse to dinner and had played with the children. Ho again spoke of kidnaping one of them and wanted to know If ho could have the money left with me. I said to him: 'Orchard, you are & fool, and I would be a bigger fool to go In with you in any such crime. If you tr- to do anything like that around here I will denounce you. He said: 'Oh. you needn't get so excited about It,' and went -out. I thought at first he was ser-ious, ser-ious, but the way he laughed and told me not to get excited made me think llial perhaps he wasn't after all." , "Did you ever suggest to Orchard In Denver or anywhere else the kidnaping of one of the Paulson children or any oth-er oth-er child?" asked Mr. Darrow. "No. sir, I did not. There couldn't be anything more repulsive to me than "You have a family?" "Yes. sir. I have a young daughter." Wanted to "Get Even." Coates said he saw Orchard several times before the man left Wallace In the fall of 1S0S. Orchard told him that the more he saw of his old friends and part-ners part-ners the more bitter he became over hav-Ing hav-Ing to leave the district. Ho said he would "get even" with Steunenberg, "I told him that the old feeling of 1SG0 had about died out and he ought not to think about it; that there were plenty of other opportunities In the Coeur d'AleneH." Tire witness next told of Orchard hav-irfg hav-irfg borrowed $300 from AuguEt Paulson before leaving Wallace. Cross-examined by Senator Borah, v.it-noss v.it-noss said he first met Pettlbone, Moyer and "Haywood some lime prior to his nomination as Lieutenant-Governor. They had been close friends for a long time. He wan at one lime president of the Colorado Federation of Labor and ihla had put him In close touch with the Western Federation of Miners. "You've .visited the headquarters of the Western Federation of Miners?" "Many a time." "When you met Orchard at Pettlbone's store you were returning from Chicago. I think?" "Yes, sir, I wa.s returning from a con-vention con-vention of the Industrial Workers of the World" "Haywood attended that convention?" Yes, Coates said Jack SImpklns was in Wal-lace Wal-lace while Orchard was there, but he could not remember ever having seen them together. SImpklns often called at hlH office, 1 The witness said he- never said ani'- thing to Paulson regarding Orchard's talk of stealing the child. "Did you say to Deputy Sheriff 'Bas' Beamer on the Btreets of Boise at the time of Orchard's cross-examination that If Orchard had mentioned to you the kidnaping kid-naping of Paulson's children ho nover would have had a chance to kill Steu-nenbergV" Steu-nenbergV" asked Senator Borah. "There were several of us on the street one ulght Mr. Darrow was In the party when I said that If Orchard h.d attempted to kidnap any of those children chil-dren he never would have got out of the country and never would have had a chance to kill Steunenberg." Mrs. Nellie E. Joyce of Denver, Colo., who was formerly housekeeper at the boarding house of the Florence & Cripple Crip-ple Creek railroad at Cripple Creek, testified tes-tified to seeing Harry Orchard at the boarding, house on the night of the second sec-ond attempt to wreck" a train. He was accompanied, she said, by D. C. Scott and K. C. Sterling, detectives for the railroad rail-road and the mine owners. Even Relief Porbiddon. Mrs. Margarot. M. Hooton of Anaconda, Colo., who distributed relief to the families fami-lies of deported Cripple Creek miners, was called to tell of being arrested twice and warned not to continue to assist the families under penalty of being deported herself She continued to distribute relief, re-lief, however, and wan not deported. Mrs. Hooton also told of the looting of the Anaconda Union store. There was no cross-examination. Miss Annie Sanders followed Mrs. Hooton. Hoo-ton. and told of witnessing tho looting of the Union' store on Bennett avenue. Cripple Creek, In August, 1001. Henry Makt of Sliver City, Ida., related re-lated on the stand his experiences in the Tellurido district during the strike. MakPs English was so broken ho could scarcely be understood at times. He said one day, when under arrest, without any charge against him. he refused to do some loathsome work, and was fastened to a telegraph polo, his arms being around the pole and handcuffed on the other side. All the lime ho wan under arrest Makl said he had more than ?300 in his pocket. With the conclusion of Makl's testimony testi-mony adjournment was taken until 10 a. m. Friday morning. |
