The Montgomery advertiser., 1907-06-26


 wculd be killed, and if he was not killed Orchard would kill him himself. Orchard excessively denied having had similar conversation with Fred Hough, of Wallace. James Rainey, stage driver, and Lottfe Day, woman he knew in Denver.
 Did you tell Lotie Day that you hsd some money in Pettibone's store that you had gotten from gamblingT
 Nc sir
 Orchard denied in turn having made threats against steunenberg to David Coates, F. B. Reed. W. B. Easterly and w. F. Davis.
 Rogue Gallery Photos.
 The defense offered in evidence two of the rogues gallery pictures of Or char taken after his arrest for the murder of Governor Steunenberg. The pictures show Orchard in q garb re- sembling that of tramp, unshaven and unkempt. Attorney Richardson said the pictures were offered to show the jury the condition of Orchard at the time of the murder as entrusted with his apearance today. Judge Wood admitted the pictures and they were handed to the jurors who examined them closely. Another picture of Or chard in a group of three men, one holding a smoking revolver, was also in evidence by the defense. The pie ture was taken in Salt Lake City in 1901. Orchard said the picture was taken as a novelty. His companions were Andy and Peter Christinsen.
 Counsel for William D. Haywood de- voted the early part of today's session of court to the completion of the basis for Harry Orchards impeachment and then calling the first witness, entered upon & showing of relationship at Crinple Creek prior to the indepen- dence station explosion by Orchard and K. c. sterling, then chief detective for the mine owners association. The iupeachment of Orchard relates almost entirely to the proposition that he re- peatediy professed that he had been uronred by Governor Steunenberg. and that when he talked of hls wrongs he invariably threatened to kill Steunenberg.
 The men by whom the defense plans to impeach Orchard in this connection and incidentally, show Orchard in an independent position in the Steunen- berR case, are: Max Malich, of Dem yer: pr. McGee, of Wallace; D. c. Cop lev. formerly a member of the board or the western Federation of Miners; Charles A. Sullivan, formerly a miner at Cripple Creek; Frank A. Hough. Of Wallace; James A. Rainey a stage driv- CT at Wallace; Lottie Day, of Denver; F. R. Redd, formerly a miner at Grip pie Creek; David A. Coates, former lieutenant governor of Colorado, and William Easterly and ". F. Davis. who were leaders of the Cripple Creek strike. Orchard positively denied that he ever made threats against Steunen- berg to any of the men named at any time or place
 In his direct testimony Orchard told of making a trip into the Vindicator mine with man named Joe Schotz Confronted today by a man giving his name as Schol%, orchard said he was not the person of whom he had spok- en.
 Defense's First Witness.
 Then came the first witness for the defense. Mrs. Mary J. King. who formerly conducted a rooming house In Cripple Creek. Mrs. King an elder ly, refined woman, with a gray pom padour, was examined by Clarence Darrow. She first told of her family saving she had several grown sons who are miners, but are not now and never were members of the union.
 Mrs King said that K. c. Sterling, shief of detectives for the mine own CTS association of Colorado lived at her house in Cripple Creek. She saw Orchard visit his room seven or more times generally in the evening. Ster- ling engaged and paid for room oc- cupied by Mrs. Mckinney, the wife of the man charged with putting spikes on the Florence and Cripple Creek Railroad during the attempted wreck which the union claims the railroad officials and mine owners undertook themselves with the intent of placing the blame on the Western Federation of Miners. Mrs. King said she saw Orchard knocking several times on Mrs. McKinney's door.
 The cross examination consisted of but a few questions tending more closely to fix the date of the Sterling stay at the King house.
 Miss Frances E King, daughter Of the preceding witness, took the stand and identified pictures of Orchard as the man she had been in the vicinity of the house in Cripple Creek several times She was not cross examined and gave way to Mrs. Alice Fitzhugh, who succeeded Mrs. King as proprie- tor of the Star Rooming House Mrs. Fitzhugh said that Detective Sterling continued to live in the house for some time afters she took charge. She saw Harry Orchard go to sterling's room at least a dozen times. She also saw Mckinney in Sterlings room, follow ing his release from jail.
 On cross examination. Mrs. Fitzhugh said she kept no record of her room- CTS and was testifying wholly from memory.
 Photographer on stand.
 c. W. AIler, of Leadville, Colorado, formerly telegrapher operator in the employ of the Florence and Cripple Creek Railway, was the next witness. He told of seeing Harry Orchard. K. O, Sterling and D. C. Scott, detec- tive of the railway company, together In scotts room at the Cripple Creek depot. He saw him there twice before the attempt train wrecking.
 On cross examination Aller said he could not remember what time of the day that Orchard first came to the de- pot. He did not know whether Scott and Orchard had ever met before AL Ter said his recollection was not very clear as 1t had made no particular i'm 
 RAa XI0 .A2~