The sun. [volume] (New York [N.Y.]) 1833-1916, 1907-07-06
HAYWOOD JURY SHOWS STRAIN
LONG TRIAL rs WEARING OUT
MEMBERS NERVES.

Some Complain OF Not Enough Exercise and
Some Get Too Muoh Ono Says BAlliffs
Impose Upon Thom-Lawyern Urged 70
Make Hasto-CAse May End July no.
afternoon until Monday morning counse
with the exception OF Haywood and Meyer
and some dispositions from San Francisco
the defence would Offer no more witnesses
or testimony on Its direct case.
The dispositions deal with the Bradley
explosion and have been sent from San
Francisco. but ave not yet arrived. IL Is
expected that they will be hero by Monday
surely and will then be read to the jury
IL they are admitted In evidence.
This and the examination Of Haywood
and Meyer. II III latter is really placed on
the stand, will probably not OCCUPY more
than two days.
After that the State will begin It's rebuttal.
This will take several days more and there
will then be three or four days Of talk. so
that IL IL not likely that the case will get to
the jury before July ~
Judge Wood has requested counsel for
both sides to prepare as soon as possible
ttieiT ciuestb TcBdT01uk III CuhTBc W ING
jury. This will be done between now and
Monday morning. Judge Wood will ex-
anime the requests and let the lawyers
know what his action will be regarding
them before they start In upon their argu-
ments. This is expected to save much
time by preventing the lawyers from srgu-
ing upon points or evidence which they
know the Judge will instruct the jury not
to consider.
Just before adjournment this afternoon
Judge Wood said hat some Of the Jurors
had been complaining that they did not
get enough exercise. 90 Juror Samuel r.
Russell. he that has whiskers that are the
pride Of Ada county, spoke up and said;
You see. Judge, most Of MS like "a little
exercise o and then. hut some of us
don't want any. and the bailifrs won't let
any OF US go out without the rest
Judge Wood said that the Supreme Court
Of idaho had upset three or four verdicts
on the ground that the Jurors had been
allowed to separate and that it was neces-
ssry 10 be very strict ON that line. One
verdict had even been upset because a
Juror had stepped into q cigar store to get
a cigar while the rest OF tho Jurors stood
outside.
Lawyer Darrow said that the defence
would agree to any stipulation that would
allow part Of the jurors to exercise under
the eyes OF some Of the bsilffs while the
rest staved at homo with other batliffs.
Then up spoke Juror A.. =. Burns. re-
marking:
Il want 10 know what right the bailitfs
have 10 impose on the jurors. II one Of us
Just happens TO step across the sidewalk
they tell us we're out Of order"
IL the bailiffs impose on the jurors Wen
have to get some new bailiffs,- said Judge
Wood smilingly.
"Ain't nobody been imposed on. Judge"
chirped up little jamie Robertson, who
occupies chair No. o. IL never had a better
time in my life"
IL all passed OF In a gale of laughter. but
all the same the incident indicated that
the long trial is getting on the jury's nerves
and that the twelve men are not quite as
serene in mind as might he desirable In
twelve men who must soon decide ons OF
the most questions ever left
to any American jury.
The days evidence was not in any way
exciting. 1t included several witnesses
brought to tell more tales abou the depor-
tation days in Cripple Creek and another
witLcss who testified to seeing Orchard
with * G. Sterling. the Mine Owners
Association detective. early in 1904.
Marion W. Moore. No. 7 Of the executive
board. was the first witness called. He
is the man who took q letter TO Alaska in
the summer Of 1905 for Harry Orchard,
VINO asked him TO mail il from Nome TO
the Cripple Creek Mrs. Orchard. The
letter has already been offered in evidence
by the State.
Orchard said his move was part of "A
general scheme to keep his wife from know
ing that he was in Colorado that summer.
He testified that Haywood old him Mrs.
Orchard had been annoying him with
questions about her husbands where
abouts.
Moore testified that Orchard introduced
himself to him at the Belmont Hotel. over
Pettibone's store in Denver, and asked
him to carry a letter TO Alaska. Moore
said: You're sending IL a long way from
home. amt your" To which Orchard re-
You knew that he was speaking Of his
wife?" asked senator Borah.
NO, sir. said Moore. There is so many
men out in this Western country that let's
did not know whether this one was his wife
or not, / did not pay attention to it,"
He said he took the letter to Nome and
mailed it there.
MRS. Micnael fallon was next up. She
said her first husband was Kid Waters.
He was one Of the gun men imported to
the Cripple Creek district In 1909. Waters,
she said, travelled with Lyte Gregory and
always carried three guns. She knew
Harry Orchard and saw him twice in her
house with her husband. This was in
March, 1904.
On cross-examination Senator Borah got
the witness to say that Lyle Gregory was
employed as a detective by the Mine Owners
Association. This has been denied by the
defence, this denial being utilized IA a
ground on which to base a claim that the
federation leaders could nave had no grudge
against Gregory and hence would not have
instigated his killing by Orchard and Adams.
Owen Barnes, a union miner. whom
Orchard accused OF helping him make
bombs in Cripple Creek, then came along
and said il was all one grand big lie. Bs rnes,
whom accident has made literally q foot
less Irishmsn, said he lived In the next cabin
to Orchard in Cripple Creek, but that Or
cbard was never in his cabin but once
That was in February, 1904. He denied
that Orchard said anything about making
dynamite bombs and said decidedly that
he never made a bomb in his life and would
not now one IL he saw one