The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1906-01-14
REPORTERS WERE
ALSO EXCLUDED
Examination Of Orchard for the Kill.
ing of Frank Steunenberg Held
Behind Closed Doors.
EVIDENCE is IMPORTANT
ELEVEN WITNESSES ON THE
STAND YESTERDAY.

; az 1OSlA HIS VI L1Siliy OICudIQ, dlIdS
( Thomas Hogan, on the charge of muir
! Gerlng Ex-Governor Steurenberg at the
/ gate Of his house on the evening of De-
( cember 80, was begun today at Cald-
wei, before Judge Church. After eleven
/ witnesses had been examined, court adj
/ journed until Monday.
} The public was excluded from the
I hearing by virtue of the statue making
it the privilege of the defendant to
| have the doors closed. AT the forenoon
| session reporters were permitted to be
| present, but at the afternoon session, J.
| H. Hawley, attorney for the state, in
sisted that the reporters be excluded.
He reasoned that publication of the
! sworn testimony would tend to preju-
| dice the minds of the persons who
might be called upon the jury, making
them ineligible to serve.
Story of C. r. Wayne.
The first witness called was C. F.
| Wayne, who lives just across the
street from the Steunenberg residence.
He had done the chores about the lat
| ter place, and had just returned to his
! house when the explosion occurred. 1t
put out lamps in his house and turned
over chairs. He heard Mrs. Steunen-
| berg calling and went over, being the
| first man to reach the victim. He told
| of asking him questions, and getting
no answer and of going for assistance.
| After the dying man was carried into
| the house. DI. Cue, who was called to
| attend Steunenberg described his words
| saying he was killed by conclusion and
| shock
Dynamite Not Used.
Joseph H. Hutchinson, who was lieu
| tenant governor during the second ad-
| ministration of Governor Steunenberg
was on the stand. He gave it as his
! opinion that the explosion was from
| some very high explosive other than
ordinary dynamite. He had wide expert
ence in the use of dynamite, and was
| satisfied such powder was not used. He
found the piece of the fish line with
| which the mine is thought to have been
! exploded. It was Mr.. Hutchinson who
made the first examination of Or
chard's room at the hotel. He told of
| finding some powders and some plaster
of paris. There was towel tied over
the doOrknOb. He said that it covered
the keyhole.
Wanted in Colorado.
Sheriff Edward Bell of Teller county.
| Colo, was a witness. The substantial
part of his testimony was to the effect
that he identified the prisoner as a man
who was wanted in his county on sus-
| picion of having had a hand in the
| blowing up of the station at Independ-
! ence, in which thirteen lives were lost:
/ that he had a warrant for Orchards
arrest, issued in his county, and that
extraditiOn papers had been issued for
| the return of the man to Colorado in
| case he was not convicted of the crime
| for which h was being held here. No
evidence of any particular Importance
was brought out in the cross examina-
| ton of this witness by the defendants
attorney.
Deputy Sheriff w. r Thompson OF
| Cripple Creek, substantiated the testi-
mony of Sheriff Bell, concerning the
prisoner being the man suspected of
having had something to do with the
blowing up of the independence sta
ton and identified the prisoner as the
man for whom he had searched with
warrant for year and half
Orchard Watched the House.
Mrs. ]. L. Martin was called. Her
testimony was to the effect that she
lives about three blocks toward town
from the Steunenberg residence, and
that on several occasions during the
last of October or the first of NOVem-
Der she saw Orchard pass her house
going toward the Steunenberg resi-
dence, and that on one or two occas-
ions she saw some one with field
glasses Ieveled toward the Steunenberg
| house which he was evidently studying
carefully. The cross examination failed
to disprove or weaken any points in
her testimony.
Judge w. w. Smell, who was inter-
ested in the real estate business in
Nampa, testified concerning a CONVEX
sation had by himself and the accused
man the day before the explosion. He
had been introduced to Orchard and the
latter claimed to be looking for real
estate investments. He talked with Or
chard about an hour and Orchard
claimed to have made considerable
money the latter part of the summer
buying and shipping sheep to Colorado
for winter feeding.
Was Surely In Nampa.
The point which the prosecution
wished to make by this testimony was
that Orchard was in Nampa on that
particular date, and that he returned
to Caldwell on the afternoon train that
day-the same train on which ex-Gov-
ernor. Steunenberg returned home from
an absence of several weeks.
The testimony of Bert Bramlett pro-
prietor of the Commercial hotel at
Nampa, Which followed, concerned the
report of Orchards presence in Nampa
on the date specified. Bramlett testi-
fed that Orchard left an unusually
heavy valise at his hotel during his
stay in Nampa. Mr.. Bramlett's testi-
mony tended to show that Orchard had
come to Nampa on the noon train and
had returned to Caldwell on the next
train west, taking the valise with him.
This valise was not in Orchards pos
session, as far as the officers have been
able TO learn, when he returned to
Caldwell. The prosecution evidently
believes that Orchard turned the va
iise over to another man whom he met
in Nampa just before his train left or
while in the train between that place
and Caldwell.
The hotel clerk at Caldwell described
Orchards demeanor about the place,
and some others gave testimony on
minor details.
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