Show defense seeks to prove that the uncle had a mania for confessing crimes lighted cigar will not explode gas effect of gas explosion explained by expert bosse idaho july 15 harry orchard the principal witness for the state against W D haywood was caller in rebuttal this morning when the trial of tho secretary of the western federation of miners was re fumed orchard was in the chair about twenty minutes the questions of the state were few and in less than five minutes orchard was turned over for cross examination E F richardson in cross examina tion brought out a new feature when he asked it orchards maternal grandfather wag not insane on the subject of confession of imaginary crimes orchard admitted that his uncle peter mckinney who lived in northumberland um berland county ontario banged himself while insane he denied all knowledge of a named patrick this cross examination was based on a letter received by the defense from B W mckinney of alme dla pa the writer claimed that he received the information from mrs margaret butler of ontario who was a neighbor of patrick mckinney the grandfather of harry or chard she said patrick mckinney was an old style chui coui leman but he became insa nef to of crimes he had comah J As a result his fa mif chained for years orchard appeared a c an when on the stand in Q crisis x but he sho p A quiet self possession to mwilliam dewey the K of made confession oth a aoi i oi er witnesses in reb deto r briefly ty in the last halt bour service c session rebuttal on t of a conspiracy against the g federation of miners letwen makla 18 alliance the mine and detectives in colborg g inter verbal duel when richardson for the took L L saban a lawyer of idaho springs colorado in band tor cross examina tion richardson an saban were engaged in the trial of cases in colorado in 1903 richardson defending and saban prosecuting balse idaho july 15 when the haywood trial was resumed this morning judge wood announced that be had decided to sustain the objection of the defense to the admittance in evidence of the records of the state insane asylum showing the commitment to that institution of john D elliott who as a witness for the defense testified to a long conversation which he said he had with harry orchard in november the court cited a statute which provides that insane persons shall not be accepted as witnesses apparently he said the prosecuting attorneys knew of El liotta commitment when he appeared on tho stand and they should have objected to his testimony at that time william dewey the witness who startled the court room on saturday by confessing to participation in the coeur dalene riots and the attack anthe bunker hill and sullivan mill was recalled to further identity W F dails as the man who handed out guns and ammunition the day the mob started for the mill tho defense took advantage of deleys deweys reappearance to question him further as to his motive tor testifying at this time dewey denied that he had been allowed to go in debt to the extent of to the union store at cripple creek through the leniency of dails davis finally leny further credit to you and it then that you left the union asked attorney richardson no sir dewey admitted that he still owea the union 20 or 23 for supplies from the store he said he had never been refused credit by anyone you after testifying on saturday say to the man who accod you down town that you knew the names of at least of the men who went to the bunker hill and sullivan mill but you would be if you would tell that lawyer fellow demanded richardson no the witness declared he could ra cembor no such conversation neither could he remember just what waa lawrence the san francisco grocer who lived across the street from the bradley apartment bouse was recalled to deny that he served a drink to a man named reilly the morning of the bradley explosion reilley Rell ley who appeared as a witness for the defense declared and his wife had served him a drink mrs also took the stand and denied what reilley had said on cross examination bau he had received as traveling expenses for returning to balse tram san francisco the state continued further to rebut testimony as to the bradley explosion charles wayno who lived next door to governor Steu was called to testify as to the position in which the governor was found after the orchard bomb biad exploded the purpose being to shaw similarity in the effect on bradley and the attorneys tor the defense objected to this testimony aa not proper saying that the subject should have been gone into as a part of the direct case tee objection was sustained and the witness withdrawn C D lanson of the boise gaslight company next was called as a gas expert to the theory of the defense that the bradley explosion was caused by gas the ignition having been caused by a lighted cigar lanson declared in positive terms that gas woul not ignite from any glow such as that in a lighted cigar he said a flame temperature was necessary before gas explodes in order to explode lanson declared the accumulated gas in a room or hallway would be so ense it would be surely detected by the smell the force of a gas explosion the witness said was equal in all directions cross examined by attorney richardson lanson said the balse gas company has no rules against smoking at the works but because tho gas is confined was suggested yes suppose it confined would you allow smoking no 1 I think so commented richardson the witness said the only way a cigar could ignite gas was for the smoker to puff violently enough to fan the wrapper into a flame even the wrapper would have to be unusually light and dry harry orchard was called to the stand As in the early stages of the trial he was preceded and followed by a deputy today however were on gun men or detectives in the guarding party were you ever known or called shorty at any stage of your career asked prosecutor hawley no sir pat moran the cheyenne saloonkeeper testified that the nevilles came to his saloon with a man called shorty whom he supposed to be orchard orchard denied that he ever introduced pinkerton operative gratias to max mallch or joe meheret or that pinkerton operative introduced him to joe barns the cross examination by the defense was devoted to an inquiry into the family history of the famous criminal it now being claimed that evl dence has been discovered to show a strong strain of insanity on the maternal side do you know patrick mckanney asked richardson t no your grandfather named patrick mckanney ahls name was mckanney all I 1 know he was insane he 1 I dont know he may have abeen and you recall it 1 I dont know I 1 dont remember him I 1 think he died before I 1 was aborn and he hang himself dont know well you have an uncle who went insane and imagined he hadi committed a crime and hanged ahlm belf 1 I never had an uncle who imagined he committed a crime but I 1 did have one who hanged he had been demented a year and a half his name was peter mckinney a son of my grandfather on my mothers side were you ever arrested for arson and burglary in butte in butte queried orchard pensively as it to be sure of the location and not the crime yes no sir I 1 never was arrested in butice orchard denied that be had ever told a man named brokaw that he had been in the employ of the pinkerton detective agency for five years on the witness stand you said sir orchard you knew nothing about a so called inner circle of the western federation of miners and at in the first installment of your story which has appeared in a magazine you devote a paragraph to the inner circle how la that an objection from the state was quickly sustained by judge wood we arc not going into that matter remarked tha court orchard here left the stand counsel for the state said he might be recalled once more later on in the caso walter bynum a plumber of denver colo testified that he saw pat moran in denver in june 1901 orchard in his story said lie sent moran to denver to get from the federation era tion moran denied that he hadl gone to denser in june for any purpose bynum said he knew pat moran well abid could not be mistaken TS M sabin an attorney of idaho springs colorado was the next witness on the stand he said he know detective lyte gregory who was killed by harry orchard gregory had abeen engaged by the prosecution to secure evidence in tha case of conspiracy growing out ot an attack on the sun and moon mine the defendants were fourteen member of the western federation of miners including D C copley a witness for the defense in the present caso the defense has claimed that gregory had nothing to do wiatt anything in which the federation was interested the witness saban prosecuted the consal racy case and attorney richard son waa leading counsel for the defense on cross examination the two got into an altercation as to whether or not there had been a discussion among the citizens to the effect that the detectives tec tives employed by the prosecution had not earned their money attorney hallcy chimed in and judge wood after listening to a running fire of questions and answers among the attorneys tor caused wave a ot laughter by announcing in a loud voice one witness at a time it you please gentlemen richardson and the witness were at it hammer and tongs from the very first those men were all given a verdict of not guilty they true no one has ever denied you the glory of that victory replied satin im not asking for glory im asking for facts said richardson well the facts as I 1 saw anem were that these men every one of them were guilty richardson wanted to have this lost answer stricken out but the motion was denied by the court richard drew out the fact that at the time of the sun and moon explosion saban and eighty other members of the citizens alliance were placed under bonds to keep the peace tho witness denied that this was the reason the federation bad abeen prosecuted but those cases were all tried by special prosecutors and the district attorney had nothing to do with them yes hut it was because the district attorney was what you him at the trial a nonentity saban said he was paid some money for his services at the trials by the sun and moon company the luncheon recess until p m was taken MITCHELL IN DENVER he Is confident haywood and are innocent denver colo july IS john alt chell president of the united mine workers of america arrival here and will attend the conference between representatives olathe miners and operators of wyoming which takes place today the men are demanding a 16 per cent increase mr matchell Ml said he was confident that haywood avoyer and pettibone now on trial in idaho for the murder of former governor were innocent and would be acquitted of the charge DR mcbee ARRESTED charged with perjury tn the haywood case spokane wash july 15 dr I 1 I 1 mcgee against whom there is a charge of perjury in testimony given in the haywood case at balse was arrested yesterday afternoon by deputy sheriff long and will go iback to balse this morning dr mcgee waived extradition he had been in coeur dalene city but returned to when he hoard he was again wanted at balse |