Show Df NS RESTS IN N HAYWOOD 1 CASE D AN-D AL Prosecution Tries Tries' to Tear Down own the of O Opposing Op- Op posing Witnesses famous Tr Trial nd iid in Two Weeks B BOISE ISE JULY 13 3 CONTRADICTION TION IMPEACHMENT AND REBUTTAL REBUTTAL RE RE- BECAME BEdAME THE ORDER ORDER OF THE TIlE DAY WHEN SHORTLY AFTER THE OPENING OF COURT THIS MORNING COUNSEL FOR THE DEFENSE DE DE- PENSE OF WILLIAM D. D HAYWOOD RESTED THEIR THEm CASE AND THE STATE COMMENCED THE SECOND INNING THE REBUTTAL BROUGHT OUT A BLOCK OF WITNESSES WHOSE EVIDENCE EVIDENCE EV EV- SHORT AND SNAPPY KEPT THE COURTROOM WELL KEYED UP J. J H. H HAWLEY CONDUCTED CONDUCTED CONDUCTED CON CON- DUCTED THE EXAMINATION FOR FORTHE FORTHE FORTHE THE STATE AND E. E F F. RICHARDSON RICHARDSON RICHARD RICHARD- SON AGAIN TOOK THE LEAD AS CROSS EXAl Hawley vi vigorous orous and aggressive Richardson quick and at times showing irritation together provided a number of interesting passages s. s Good God humor was mingled with mth grave grae insinuation and short passages b between tween counsel promptly suppressed by the court Objection after objection was poured into the record by counsel for the de de- de Clarence Darrow assisted Richardson Richardson Rich Rich- ardson in keeping interest stirred to the point of excited anticipation and the morning session was generally lively Nine witnesses were examined in the first two hours tho most interesting being being being be be- ing August Paulsen formerly a partner of Harry Orchard in the Hercules mine and now a rich banker of Wallace WaIlace Ida The afternoon s session will open with argument as to the of certain ier- ier er- er tarn tam documents and court will sit until p. p im m. m Su Surprises pris s the Sta State With the opening pening of the co court rf t today day Attorney Richardson s sprung rung a d decided decide ISen sensation by announcing that the d de defense rested e At adjournment ni nt yes yester yesterday esterday ester ester- r- r day afternoon Mr Darrow had an announced announced an an- that a powder expert would woula be put on n the tho stand today to testify v vin in I connection with the Bradley explosion on in San Francisco The change of clans took the States State's attorneys attorneys' entirely by surprise and there was some delay in beginning the case in rebuttal We did not expect this declared Mr Hawley leading counsel for the State and ana our witnesses were not notified notified no no- to be here at this early hour The witnesses began bean to str straggle in however and soon Jouin John C. C Rice was recalled recalled re re- ro- ro called to the stand He testified that in in November 1905 Orchard did not wear weara wear weara a mustache This was in contradiction of on one one of the defenses defense's witnesses who swore he heard Orchard make threats against describing Orchard as a man with a large mustache The next witness was Dan Gainey of Walla WalIa Walla Gainey lost both of his feet in the Independence depot ex plo plo- lion sion He lived in the Coeur d' d in 1898 and 1899 and roomed a part of the time with Orchard Gainey said th that t Dominick Flynn lynn who testified he was playing poker with Orchard April 19 19 1899 the 1899 the day of the Bunker Hill and Sullivan explosion explosion- explosion explosion- had told him in a conversation that he had not seen Orchard since February 1899 Writes to Orchard Cross examined Cross examined by Richardson Gainey Gainey Gai Gai- ney ner said he had no present business When did you go out of b business H After I was dynamited at Victor H It It was be because ause you yon were were dynamited that you von ou wanted to come here and te tes testify tea tea- ti i Nosir sir You know it Orchard who was says he blew you u Yes Yes Yes But you rou ou have corresponded with Orchard since his arrest I have written to toi him liim several times time i alL Contradict Old Soldier In contradiction of the the old soldier John D. D Elliott who said he heard hears Orchard make threats against Gov while on a atrain train the State introduced ed several railway railway- official officials who produced records showing that thai the trains rains on which Elliott EIliott said he and Orchard Orchard Or Oro chard traveled did not make the con conj which Elliott had described as a part of the journey Elliott testified for the defense that he traveled from Weiser Welser Ida Ia to Boise about November 28 or 29 1905 1903 i t H i 1 I i 1 H- H i H 1 i t 1 The State called J. J TT JP T. T Stephenson Steph- Steph 4 enson a hotel clerk of Salt Lake 4 4 City today to testify that Orchard Or- Or 4 I. chard arrived at the hotel Cullen h 4 44 4 November 25 1905 and remained remained re- re 4 there three three weeks When to 4 asked to produce records the 4 44 4 witness said he Could only find tind 4 4 Orchards Orchard's name entered in the 4 44 4 books on November 25 It was 4 the mans man's custom to pay for his 4 44 4 room nightly in in advance 4 t L. TT l h. ri J. J II IL Mos loser Moser r proprietor of the Kettle Block rooming-house rooming in in Denver testified fied ed that Harry Orchard under the name of Dempsey ston stoned ed with hi him hilTl for two weeks late in July or August of 1904 Dr McGee cGee a witness for the defense defense de de- de- de testified several weeks a ago o that Continued on page 6 f 1 i J J J 4 ii f Y 1 j Edi i 4 u It i I. I 2 4 2 fr fre e 4 I L L f ki i I I a I 9 p 1 V f r I 1 P 6 t k i After Arter copyrighted photograph by Ames N. N Y T. JOHN lORN om D. D LLEn WITNESS BEFORE DEFORE THE FEDERAL COURT IN CHICAGO I HAYWOOD S Continued from page 1 he saw Orchard in the tile Coeur d' d at this time On cross examination cross examination he said he kept Sub no record of guests and could not not remember remember re re- re- re member the name of any other transient guest in the summer of 1904 II He was requested tb come to Boise b bv a a. Pinkerton Pinkerton Pin Pin- kerton detective Interest in the rebuttal case ease was ma materially tonally quickened by the callin calling of August August Au Au- gust Paulsen of Wallace Ida one one of the owners of the Hercules in which Orchard once uce held a sixteenth one-sixteenth inter inter- est There was vas a lon long argument nt t between between between be be- tween counsel as to the witness' witness ability to tell teIl when Orchard ceased to exercise any control of the mine Paulsen said he ie e could not remember the exact dates but that after early in the spring of 1898 Orchard had nothing nothing noth noth- ing lug further to do with the property his interest going to Dan Cardoner now w wealthy from the production ot of oi the nine mine The defense claims claims' that Orchard had hada a personal motive a bec because use of toe the loss of of this property when he was driven out of the country as as' as asa a part of the 1899 troubles The State claims Orchard sold but his Ids interest a year or so before the trouble started The deed by bi which Orchard transferred trans his interest in the Hercules mineto mine mineto to Cardoner was admitted in evidence over the protest potest of the defense 1 It bore date of March 7 1898 Paulsen was examined cross-examined but briefly briefly brief brief- ly and left the stand as the luncheon luncheon- adjournment ad ad- until p. p m. m was ordered |