Show LAST V WITNESS SS SSI I fOR THE T. T BOISE Ida July 17 Thomas Thpmas Thomas M. M M.- M. Stuart was the first witness called in inthe inthe inthe the Haywood case this this afternoon Stuart is the last witness to be bo called in rebuttal by the State Stuart was ne ne of the men who was beaten and maltreated by tho the union miners during the trouble at Cripple Creek in 1903 He said he went to work at the Golden Cycle mine ono one day and while passing through h Independence ence enee he was met by Ed l I Minster and Charlie Campbell who were union miners miners- They threatened him with vio vio- i lence lenee if he went to work worle at the mine I After he left work the the- witness said he ho went home At 8 S o 0 clock o'clock that night I about a dozen men including Steve Adams Minster Campbell and Sherman Parker called at the louse Douse Campbell came into tho the house and drawing a gun ordered him out He refused and the others entered and dra dragged ged him out They took him away beat him higi with their guns then threw him down beating beat beat- ing his head in and finally Campbell shot him bim through h the back as he ho lay on the ground round Stuart said ho he was in the the hospital hospital for three months A few days after the assault Stuart said tho the military came came into t tie e dis dis- triet On cross cross- examination cross on Stuart said he had bad not sworn out warrants against his assailants until sixteen months a ago o. o Stuart said he be would have proceeded against the men earlier b but t the theauthor authorities author author- could not hot find evidence to back him liim up After a conference between counsel a number of copies of Denver newspapers newspapers- were ere offered in evidence Senator Borah announced that by agreement of counsel the exhibits would be considered part of the evidence and might be read by hy either side in thu tho course of me ment t. t The newspaper r contained artiles arti arti- les eles des on the murder of and the tho arrest of Orchard The dates were between December 31 1905 and February Feb mary 1 1906 It w was s when Senator Borah announced announced announced an an- The The State rests in iii rebuttal Mr 1 Richardson said that the defense asked for an an adjournment nt until until- tomorrow tomorrow tomorrow tomor tomor- row in order that they might decide as asto asto asto to rebuttal sur-rebuttal witnesses He said it was quite guite probable that no witnesses would be called I Judge Wood dismissed the jury but asked counsel to tp remain After the jury had dad led filed out Judge Wood said th that t while the arguments were proceeding he prop proposed sed t to hold nold three daily sessions of two hours each Judge Wood announced that there were certain portions of the evidence regarding conditions in Telluride and Cripple Creek which he proposed to eliminate from the evidence to go before before be be- before fore the tho jury but that he would hear eal counsel on OIL those p points ints tomorrow mornin morning morn morn- in inc ing ort then adjourned until tomorrow tomorrow to to- morrow n |