Show STRAIN O Of HAYWOOD TRIAL WEARS OUT TH Of LAWYERS BOISE Ida July Jul 17 Unless Unless the plans of or the pr prosecution are changed there is little chance of seeing the close of tho the case and the commencement commencement com corn of ot argument before Satur Saturday Saturday day dab at the earliest J. J H. H Hawley leading counsel for the State has announced an that he lIe has eight or ten witnesses witnesses wit wit- witnesses nesses in reserve As a a. matter of fact he has eleven One or two of these and perhaps half a a. dozen may not be called Most of the rebuttal evidence to be introduced bears on oa the labor situation in Colorado in the years 1903 and 1904 and is intended to rebut the claim of the defense that there existed a condition condition condition condi condi- tion of p peace ace and nd quietness prior to the calling out of the State Stafe troops The warm weather the close atmosphere atmosphere atmosphere atmos atmos- phere of the courtroom and th the strain of the trial now well in the middle of its tenth week are telling on the nerves of counsel Mr Richardson is sarcastic and Mr Hawley aggressive Senator Borah is smilingly impassive but Mr Darrow losing some of the suaveness of his manner no longer uses oil upon the troubled waters Judge Fremont Wo Wood d shows impatience impatience tience with the continual sparring between between be be- tween counsel Objections have been incessant during the three days and a great part of the time is taken up in in minor argument Judge Judg Wo Wood d is is almost al most uniformly g god od humored however I and generally prevents a serious clash by turning the laugh on counsel Threats of more mord perjury proceedings are in in the air It is even intimated that a's as as s a result of some of the evidence the old od indictments in connection with the Coeur d dAlene Alene troubles In 1890 will be taken out but of the pigeonholes As these indictments were for murder and andas as one witness has confessed to having had a share in it and implicated others who are in Boise the rumors may be bewell bewell bewell well founded Prosecuting counsel in the Haywood case says however however- r that this is not a a matter that is within their province and that any action n must come from the regular authorities of the State It Itis Itis is is pointed out however that tho the cost to county where the crimes crimes' were committed has already been very heavy that that- previous prosecutions in iu the tha same connection brought the county to the verge of bankruptcy and that evidence evi evi- dence to convict w would be very difficult to secure so many years after the even events ts While the big trial tria was going on yesterday yesterday yes yes- in in the District court before Judge Wood an interesting offshoot of the case was being heard in the small email room used as a court by Justice of the P Pece ace Savage C. C W. W Aller AIler the depot agent who was arrested yesterday charged with perjury was brought before before be be fore the magistrate for a preliminary hearing The State was represented by prosecuting Attorney Koelsch and the prisoner by Peter Breen an attorney of Butte who has been associated with wit Haywood's counsel having been re re- tain tamed d by the Miners' Miners union of Butte Mont to watch the case Orchard Testifies Fred Miller who wh was Orchards Orchard's counsel at his preliminary hearing in Caldwell immediately after the murder of Governor assisted Mr Mr- Breen The principal witness in the perjury ry h hearing aring was Orchard himself The prisoner prisoner pris prisoner oner was brought in from front the penitentiary penItentiary penitentiary in charge of Warden Whitty and anda a penitentiary guard No mo more e than half a dozen people were outside of the principals in the case and the other witnesses w wire were re present pres ent eat when Orchard went over his testimony testimony testiS mony as s to his connection with D. D C. C Scott the railroad agent who Aller swore interviewed Orchard in Cripple Crippe Creek two or three weeks before the explosion t at the Independence depot on June 6 1904 Orchard was Wag closely examined cross cross by Breen but no amount of questioning Drou bt out any material material material mate mate- rial change in the original story Breen was more severe in the little magistrates magistrates magistrate's magis court than was the was cross exam when Orchard was the star witness for the State in the Haywood trial but Orchard m maintained the same calm exterior and answered each question ques ques tion with qui quiet t f A A. Anum number number num num- ber of other witnesses were examined the case taking up most of the day A motion to dismiss will be argued tomorrow tomorrow tomor tomor- row afternoon Aller was released on deposit of 2500 bond Sheriff g. g r of San 1 Miguel county rr h hn i cg c Cob Colo of which T Telluride I is the county u seat was In the witness chair and told told- of or a riot In the e district prior to the calling out of the troops The riot he declared was led by Vincent St St. John of the Western Federation of Miners and he recognized many of ot the men in the mob as members of ot the federation Why Troops Were C Called ed The witness also told of ot the murder of of Arthur Collins superintendent of the Smuggler Union mine as one one of t the Incidents Incidents incidents Inci inci- dents which led up to a a. declaration of ot martial law What other crimes led up to the callIng call call- Ing out of the troops Well Wesley Smith and another man working on the Smuggler Union mine fou mysteriously disappeared disappeared- ap The witness was interrupted by Attorney Attorney Attorney ney Richardson who declared the West Westi m n Federation of ot Miners could not be beheld beheld beheld held responsible for every man who disappeared dis dis disappeared a appeared appeared e from the district r pf fd The evidence will be admitted as showing show show- ing jog the conditions which led to martial law ruled Judge Wood Sheriff Sherif told of of oVa oVa- a a. Mexican being killed and of ot James Phillips being shot I hot through the arm and b beat at up The sheriff signed the request for the troops Martial Martial Mar Mar- law was not declared for more than thana a month after the arrival of the militia In lit examination cross-examination of ot Sheriff Attorney Richardson said he wanted to show who it was that combined to fight tight the miners' miners union When the strike was declared he hs asked the witness it a a. fact that the miners l boycotted all tt the gambling gamblin ry ana places ce all the stores except x and andall all the banks Sheriff said he did no not know that this was true A. A II H. did no not belong to the Citizens' Citizens alliance He lie was afterward deported And he was beaten up too wasn't he be heT I 1 dont don't know as to that And when I went down there to try a case one of your deputies beat me up didn't lie Jle I didn't see that You appointed Bulkley Wells manager manager manager man man- ager of the Smuggler union mine as one of your deputies didn't you Yes And the managers of or the Toni Tom Boy J and th the Liberty Bell mines also I Yes And all the bankers and some of the gamblers I dont don't remember as to the bankers Moyer Went Willingly It wa wafe the accepted policy of the In Interests interests In- In opposed to the union to beat up and drive out everybody connected or In sympathy with the union wasn't jit jt t I never heard It put that way way no Many of the men who were deported owned their own homes didn't they Some of ot them dl did And you as sheriff did nothing to protect them They were deported by the citizen and the militia Do you remember a a. petition signed for you by a a. deputy in charge of the office saying that when you went to Ouray to bring Charles H II Moyer to Telluride that you of r men were and being e needed JiJi resisted military by a aa assistance large I n body I heard of It after atter I z got back As a matter of ot fact you were not opposed op op op- posed to anybody and Moyer made no resistance whatever and he tie came back willingly with you Yes sir he did There was no trou trou- ble Df Did you know RIddell was a a. Pinkerton when he was in Telluride posing as a miner Not until after atter he was deported Richardson t t asked a perfect hall hail of ques tI as to the character of various u deputies ties on the sheriffs sheriff's payroll as to their being notorious gun men etc The qu s- s tiona were ruled out on the ground of Immateriality As to the matter of ot materiality Judge Wood said ald If It the defense had objected to the witness when he was first placed on the stand tand the objection would have been sustained Sheriff sal said some of ot his deputies were not on the county payroll He didn't know of ot ills own knowledge that th they y were paid by the tho mine thine owners As court adjourned until this mornIng mornIng morn- morn Ing log at o'clock Prosecutor Haw Haw- ley Icy announced that the State would have twelve more witnesses on rebuttal He anticipated that the examination cross of these thee would be lengthy |