Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-07-04
DEFENSE ALMOST
READY TO REST
Calling Of Haywood and Meyer as
Witnesses May Go Over
Till Monday.
NOTICE OF MOTIONS GIVEN.
Prosecution VIII Move to Strike Out
Evidence Unless Connecting Up Tcs-
timony Promised in Forthcoming,

Boise, Ida, July S.--~At the adjcurn-
ment of the Steunenberg trial today
the prosecution served notice of its in
tention to submit a series OF motions
TO strike out evidence of the defense,
unless the connectiug-up testimony
that has heen promised Is Forthcoming.
Clarence barrow for the defense had
previously announced that his side
might be able to rest by Saturday
evening. although it might be neccs-
sary to let the calling of Haywood ana
Meyer go over until Monday. and fol-
lowing an informal conference with
counsel. Judge Wood directed the pros
eeution to be ready on Monday with
its case in rebuttal.
James II. Hawley, senior counsel for
the state, said In reply that it was she
intention of himself and his assistants
to present a series OF motions dealing
with the evidence presented by the de-
Tense. Messrs. barrow and Richardson
were on their feet instantly TO say to-
gether that the defense also would
have some motions to make. so thnt
at the end of this week or the early
part of next the taking of testimony
will proba bly, be Interrupted for an eN-
tended argument on the a.;missibilit$
of mass of evidence already IN tho
record.
The defense operated today along
nearly all of its lines. There We're al
tacks OH Orchards testimony Mt sew
eral points, there was showing thht
union miners had been abused by the
mine owners and militia at Cripple
Creek and Telluride, there was show
ing that PinkeTton agents had advised
violence and endenNored to prolong a
strike, a woman who served with the
relief committee that looked after inc
families OF the deported miners at
Cripple Creek swoTc that she had been
twice arrested and twice warned that
# she persisted in her work she would
be deported. and another woman To-
Gated Orchard with Detectives scott
and Sterling the night OF the second
attempt to wreck the Florence d Grip
pie Creek railway train,
Two of the witnesses were men VINO
figured conspicuously in the testimony
of Orchard. They were David Coates
former lieutenant governor OF toio-
RADIO, and Pat Moran. formerly sa-
]oonkeeper OF Cheyenne. Coates pos
itively denied Orchards version OF the
plot to kiduap the children of August
1,aulsop. and Moran denied that he
made a trip from Cheyenne 10 Den
yer after the Independence station was
blown up for the purpose or Gettins
$500 from George A. Pettibone for Or
chard.
AFTERNOON SESSION.
David c. Coates. former lieutenant
governor of Colorado, formerly news
pa perman of Wallace, Ida. was the
first witness at the afternoon session.
MIR. Coates is the man Orchard SAID
suggested the kidnapping of one of the
Paulson children in Wallace, Paulson
being a former partner of orchard IN
the Hercules mine.
Examined by Atty. barrow. Coates
said he had been a newspaperman
practically all of his life. He has set
type reported and published his own
paper. He once belonged to the Inter-
national Typographical union but was
never In any way connected with the
Western Federation of Miners. The
witness was ACKNOWLEDGEMENTS of COL
orado under Gov, James e. Orme. He
knew Haywood, Meyer and Pettibone
in Denver, and met Orchard under the
name of Thomas Hogan in Pettibones
store the day the witness was leaving
to make his home in Wallace.
II was in hurry when | met Ho-
gam" said Coates. "and he walked
down the street with me, saying he had
once lived near Wallace In the Occur
d'Alenes. He said he once held an in
tcrest In the Hercules mine and that
August Paulson was one of his part
ners He said he was known In the
Occur d'Aienes as Harry orchard and
asked me to give Paulson his regards
and tell him he was coming to see him
soon.
SAW ORCHARD IN WALLACE.
'',The next time j saw Orchard was
six weeks after 1 arrived in Wallace.
He met me at the bank and said he had
come up to see some OF his old friends.
Two or three days later he came to my
office and began to talk about looking
Tor some easy money. He said he
thought he might get some by stealing
some Of Paulson's children. ! don't
know that made any reply 10 him at
all, for didn't think he could be in
earnest.
Some days fater Orchard came In
again. He said he had been up to Paul
SONS house 10 dinner anu had played
with the children. He again spoke of
kidnapping one OF them and wanted to
know II he could have the money left
with me. said to him: Orchard, you
are fool, and would be a bigger fool
10 go In with you In any such crime.
II you try 10 do anything like that
around here ] will denounce YOU He
said OH You needn't get so excited
about IT, and went out. ! thought al
FIRST he was serious. but the way he
laughed and told me not to get excited
made ms think that perhaps he wasn't
after all"
Did you ever suggest 10 Orchard in