Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-06-26

The Witness stand aud recognized him
as Dempsey by photo.
Wneh Haywood came to the Belmont
tne day she was talking with Orchard,
Mfs' pay declared Haywood said he
wished 10 see Orchard. The two men
Went into Dempsey's room. The wit
ness said she often saw Dempsey ana
Fetubone together, but Pettibone neveg
came to Dempsey's room so far as she
knew.
Mrs. Day said Orchard declared he
would have been o millionaire II IL
mad not been for the decision NJ GOV.
steunenberg The witness said that
whcn she was summoned by the state
ana made q written statement she did
not relate this conversation with Or
ehard III regard to Steunenberg.
Why didn't you?' asked MIR. Hnw-
ley.
Because | wasn't asked about it,"
RICHARDSON is NAUGHTY,
The prosecution announced that 1t
might desire 10 further cross examine
the witness later and thereby precpi-
tQted lively fght during which Atty.
Richardson declared that notwithstand-
ing any order of the court on The sub
Ject the defense proposed to pay off its
witnesses and send them home AS fast
az they left the stand, II the prosecu-
ton desired their presence further he
declared the state could issue sub
poenas and keep the witnesses mt the
expense of the people.
If counsel sends these witnesses
home they win be doing what they
have no right to do" Hawley declared,
for the state, and as to the suggestion
that we subpoena the witnesses. we
don't propose 10 do anything OF the sort,
We propose 10 cross-examiue them as
witnesses for the defense and not for
the prosecution"
Judge Wood announced that once a
witness was sworn he or she would be
held subject to the orders of the court.
u should like to attack the courts
view of the law said Atty. Richard
son,
This matter can be satisfactorily
arranged said Judge Wood, land
Will consult with counsel on the subject
az noon"
When we are through with our Wit
nesses we will send them home and
take our chances as to whether we are
right or not" shouted Richardson.
II the court will make an order on
this matter said Hawley, we win
quickly see whether the court or colln-
sci for the defense shall prevail IN this
trial"
we are not seeking trouble With the
court interposed Richardson but we
are ready and willing for trouble with
counsel at any time they want H."
Senator Borah for the state and M
Darrow for the defense. created a wave
of laughter by announcing that they
would agree TO stand from under
when the trouble came
MRS. DAY TO REMAIN,
Judge Wood ended the discussion by
directing Mrs, Day to remain in Boise
until released by the court The Wit
ness was anxious 10 get back to Den
Yer and protested:
I've told you, gentlemen, everything
know"
Mrs. Day said that while she was in
Boise under subpoena Of the state she
was visited by Mr., barrow in regard
to the case.
And the next day Mr. Stone, one of
the lawyers for the state, took YOU 10
Nampa and sent you home. didn't he?"
asked Mr. barrow.
mo. sir. ! took myself to Nampa :"
declared the witness cehemently, She
said MI Stone Went along on the same
train,
JOHN D. ELLIOTT.
The next witness was John D. Eli
OFT. an inmate OF the Soldiers home,
Boise Elliott is 81 years old He
detailed long conversation he said
he had with Orchard on a train in No
vember. 1905. when Orchard told him
he was in the employ of the mine
owners; that the w F. NJ. was going
to be crushed. and that within 30 days
something would happen that would
startIe the world. This was about
five weeks before the assassination of
Gov. Steunenberg.
Orchard. when confronted by Elliott.
declared he had never seen the man
before.
Elliott was put through searching
REORGANIZATION by Mr. Hawley, He
said he had never related TO his kins-
people with whom be sometimes
stopped. the details Of his conversation
with Orchard.
You are Socialist. aren't you?"
asked the attorney.
Il can't say that ! am
Can you say you are not?
"No. sir. bu, 1 don't belong to any
Socialist organization"
Elliott denied that he had ever been
employed by the defense or had re-
celved any pay
He admitted that he had been an in
mate of the state insane asylum for
six or seven months In 1885. One Of
his sons filed the application for his
commitment. Elliott denied that he
had heen in n straight jacket When
he was released Elliott declared he
had certificate of recovery.
In MAY 1901 Elliott said he went to
the asylum again. The probate judge
fold him he was not insane but he
seemed to be in bad shape physically
and he thought stay at the asylum
would benefit him. Another OF hiH
sons signed the complaint on ths sec
end occasion. Elliott was released later
on the promise OF his brother ana Sis
ter-in-law to take care Of him. He
was then placed in the soldiers home,
on redirect examination Eillott saln
he had not been assisted in any way
In stating his testimony and had re-
ceived hut 81 witness fec and 20 cents
I'm mileage,
EXCUsING WITNESSES.
Iudge Wood here ontered am order