The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-01-15
ORCHARD HEARING
NOT CONCLUDED
Woman Saw Him Several Times
Walking Toward Steunen-
berg's House.
SEEN AT NAMPA ON
DAY BEFORE TRAGEDY
Thinks He Rode to Caldwell on
Same Train With En-
Governor.
Special to Tho Tribune

BOISE Ida Jan. H.-Thc preliminary
hearing of Harry Orchard, alias Thomas
Hogan. on tho charge OF numbering eN-
Gov Frank steuncnberg at the gate OF
his home on the evening OF December 20.
was begun Saturday at Caldwell before
Probate Judge Church. After eleven wit
nesses had been examined court adj
journed until Monday.
Reporters Are Excluded.
The public was excluded from the hear
ing by virtue of the statute making 1t tho
privilege of the defendant To have the
doors closed At tho forenoon session re-
porters were permitted to be present but
AT the afternoon session, j. II. Hawley.
attorney for the State. insisted that the
reporters be excluded He reasoned that
publications OF the sworn testimony would
tend TO prejudice the minds Of the persons
who might be called upon tho jury, max
nE them ineligible To serve.
First One on the Scene.
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 latter place,
and had Just returned 10 his house when
The explosion occurred. it put out lamps
in his house and turned over chairs. He
heard Mrs. Steunenberg calling and went
over, being the first man 10 reach the VIC
tim. He told of asking him questions,
after which the dying man was carried
into the house.
DIR. Cue who was called 10 attend Steu-
nenbcrg, described his wounds, saying he
was killed by conclusion and shock.
Very High Explosive Used.
Joseph H. Hutchinson who was Lieu
tenant-Governor during the second ad-
ministration OF Gov, Steunenbcrg, was on
the stand. He gave 1t as his opinion that
the explosion was from some very high
explosive, other than ordinary dynamite
10 ha1 had NIL AC nGTl. I'm he ne.
Of dynamite. and was satisfied such pow
der was not used lie found the piece of
me fish line with which the mine is
thought TO have been exploded.
Examined Orchards Room.
1t was Mr.. Hutchinson who made the
FIRST examination Of Orchards room at
the hotel He told of finding some pow
ders and some plaster OF paris There
WAS a towel tied over the door knob be
said. so that 1t covered the keyhoe.
Bell Identifies Prisoner.
Sheriff Bell OF Teller county. Colo
was witness. The substantial part OF
his testimony was to the effect that he
identified the prisoner as man who was
wanted In his county on suspicion of hav-
ing had nand in the blowing up Of the
station at Independence, in which thirteen
lives were lost. that he had a warrant
for Orchards arrest. Issued in his county.
and that extradltion papers had been Is
sued for the return OF the man TO Colo
crime for which he was being held here
No evidence OF any particular importance
was brought out in tho cross-eXamnation
of this witness by the defendants at
torney.
Substant.ated by Deputy.
Deputy Sheriff w r. Thompson of
Cripple Creek substantinted the testi-
mony OF Sheriff Bell. concerning the pris-
oDer being the man suspected Of having
had something to do with the blowing up
anti
ned the prisoner as the man for whom
he had searched with a warrant for q
gear and half
Woman Saw Orchard.
Mrs. ]. l.. Martin was called Her tcs-
tlmony was TO the effect that she lives
about three blocks toward town from
the Steunenbcrg residence and that on
several occasions during the last OF Oc-
toDer or the first Of November she saw
r. orchard pass her house, going toward
the Steunenbers residence, and that on
ore or two occasions she saw some one
with field glasses leveled toward the
steunenberg home, which he was evil
IDENTIFY studying carefully, The cross-ex-
animation failed to dlsprove or weaken
any points In her testimony
Saw Him at Nampa.
Judge W w. Smell, who was Interested
in tho real estate business in Nampa,
testified concerning a conversation had
by himself and tho accused man tho day
before the explosion. He had been in
tTO0UNSu TO oTCndTu ana tnc latter
claimed TO be looking for real estate In
yestments He talked with Orchard
about an hour and Orchard claimed 10
have made considerable money the latter
part Of the summer buying and shipping
sheep to Colorado for winter feeding
On Train With Governor.
The point which the prosecution wished
to make by this testimony was that Or
chard was In Nampa on that particular
date and that he returned to Caldwell on
train on which en-Gov. Stcunenberg re-
turned home from an absence OF several
weeks.
Hotel Man Testifes.
The testimony OF Bert Bramlett. pro-
prictor of the Commercial hotel at Nam
pa, which followed concerned the report
OF Orchards presence In Nampa on the
date specified. Rramlett testified that
Orchard left an unusually heavy valiso
ut his hotel during his stay In Nampa.
Mr. Bramlctts testimony tended to show
that Orchard had come TO Nampa on the
noon train and had returned to Caldwell
with him.
Think He Left valise.
This valise was not In Orchards pos-
session as far the officers have been
able to learn when he returned to Cald-
well. The prosecution evidently believes
that Orchard turned tho yalise over to
another man whom he met In Nampa
lust before his train left, or while on
the train between that place and Cald-
well.
The MOTEL clerk at Caldwell described Or
chard's demcanor about the place and
some others gave testimony minor
details
Attorneys for Prosecution.
Attorneys J. II. Hawley OF Boise and
w. A. Stone will be associated with
County Attorney Van Duyn in the prose
cution of Orchard. Attorney Stone Is a
son OF the late Gov. Stone OF Iowa and
Attorney Hawley is a noted criminal
lawyer and helped In prosecution OF
Occur aAlene miners I'm 1899.
Aside from officers. tho only witness
from Boise al the preliminary hearing
was ex-LicuL-Gov. Joseph Hutchinson
His testimony was the moat important 10
he offered, as he was one OF the first men
on the scene of the tragedy, perhaps the
nTst expert. 1t was largely on his ad-
vice that Orchard WAS arrested and his
room searched.
Defense Had No Wtt-tk
Tho prosecution summoned r, Ay-twc
witnesses for tho prelimir a.. king