The Birmingham age-herald., 1907-07-17
Double Trial Takes Place at
 Boise, Idaho
REBUTTAL NEARING END
Six Witnesses Are Put On the Stand By the Prosecution Who Testify Against the Witnesses
 for the Defense.

Boise, Idaho, July 16.-In the last stages of the case against William D. Haywood, the prosecution put six wit nesses on the stand today to rebut the evidence of the defense. Three testi- fled to conditions in the Occur D'Alenes district in 1899 and three to the situa- in Colorado during the strike period of 1903 and 1904. The important witnesses of the day were called to contradict the showing made by witnesses for the defense that there was no reason for the calling out of the militia of Col orado, other than a desire on the part of the mine owners to drive members of the Western Federation of Miners from the mining district. One witness fiatly contradicted the evidenc intro- duced by tn defnse toe show that the explosion at the Vindicator mine was due to an accident.
 While the big trial was going on in the district court before Judge Wood an interesting offshoot of the case was being heard in the small room used as a court by Justice of the Peace Savage. c. W. Aller the depot agen1 who was arrested charged with per jury, was brought before the magis- trate for preliminary hearing. The state was represented by Prosecuting Attorney Koelch. and the prisoner by Peter Breen, an attorney of Butte, who has been associated with Haywood counsel, having been retained by tn,
 miners union of Butte to watch thu
 case Fred Miller, who was Or | chard's counsel at his preliminar, l h hearing in Caldwell immediately afte
 the murder of Steunenberg, assiste | MT. Breen.
 Orchard on the Stand.
 The principal witness in the perjur. h hearing was Orchard himself. Tn prisoner was brought in from the pen itentiary in charge of Warden Whittier and a penitentiary guard.
 No more than a half dozen people outside of the principals in the cas, and the other witnesses were present when Orchard went over his testimony as to his connection with D. c. Scott the railroad agent. who Aller swore interviewed Orchard In Cripple Creek | two or three weeks before the ex plosion at the Independence depot or June 6, 1904. Orchard was closet!
 cross examined by Breen, but m
 amount of questioning brought ou any material change in the orgina
 story Breen was more severe in tn
 little magistrates court than was tn
 cross examination when Orchard wa
 the star witness for the state in tn l Haywood trial, but Orchard maintalne' 1 the same calm exterior and answere,
 each question with quite posltiveness A number of other witnesses were ex ! amined, the case taking much of tn, l day. A motion to dismiss will be ar gued tomorrow afternoon.
 Aller was released on s25o0 bond.
 Guibbn Recalled.
 The third day of the states case in re buttal against William D. Haywood wa begun with Lawrence Guibbini, the SaI 1 Francisco grocer, again on the stand IT. was recalled at the request of the de 1 fense He was asked Il few additlona 1 questions as to geographical locations 1T l the neighborhood of the Bradley apart ment house.
 1 A. Cogswell of Idaho followed Guibbini l He was called further to impeach Dr. 1 l l.. McGee, a witness for the defense, WhC l is under arrest and who has been brought | to Boise from Spokane, where he was
 taken Into custody. Dr. McGee testnet | as to certain dates by fixing the date ol county republican convention in Wal
 lace. MT. Cogswell. who was permanent chairman of the convention. gave differ
 ent dates. The attorneys TOT the defense
 moved to strike out the evidence as nm.
 material and when this motion was de | nied they declined to cross examine.
 While Cogswell was on the stand tn, l state offered in evidence a copy of thu
 Idaho Tribune, published al Wallace 1 identified as the official organ of the To l cal unions of the Western Federation O. l Miners at that time. The paper contained 1 a three column account of the blowin. 1 up of the Bunker Hill and Sullivan mill | which the state desired to place befor, | the jury in answer to Attorney Darrowi l opening statement that the defense wouiC l show that the crowd which attacked Ch' | mill was an unorganlzed mob. The ad l instability of the newspaper was argued | Judge Wood took the matter under dd visement, indicating that he probably
 would not admit the paper in view of thu l fact that the defense had introduced nt evidence In support of the opening state | ment by counsel for the defense Druggist on Stand.
 | Edward R. Award, druggist of Burke | Idaho was called and testified that a' l old not see Harry oFcndru aDOut tOWf 1 during the time the mob had gone {, 1 Wardner to blow up the Bunker Hil mill l He did sec Orchard, however, immediate l ly after the train got back.
 l On cross-ex xaminatfon Award said h' l had no personal grudge against the fed
 eration, although he had a member O 1 1t arrested for ordering him out of thu | country. He denied that he ever had an,
 trouble on account of insanity. or Una 1 his wife had sued for a divorce on tha | ground. He was not living with his fam | fly, however.
 A. T. Holman, mine operator of Grip | ple Creek, next took the stand. At thu | time of the strike. MT Holman was II | charge of the Golden Gate mine Prior t' | 1903 he vas in the Vindicator mine.
 He told of some personal experiences
 with the strike committee and then wen | into a description of the Vindicator min' | explosion. MT. Holman reached the sixti
 level. where Mccormick and Book wer' | killed. within twenty minutes after th' | explosion.
 plot or diagram e tNe level in thu 1 mine was introduced in |. dence and de
 scribed to the jury in dets4f.
 MT Holman's direct testimony Wal | largely of a technical character and Wal
 -------------------------