The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1907-06-15
RULING FAVORS STATE
The Presiding Judge Refuses to Cut
Out Testimony Favoring Prosecu-
tion.- Governor Peabody and His
Daughters on the Stand.

Boise, Idaho. June 15.-When the
Judge Wood permitted Detective ].
T. Pender, over the protest of the de-
fense, to testify as to the contents of
a telegram sent to Haywood by Steve
Adams after his arrest at Ogden. Pen
der said the telegram read Il am in
trouble. Send me SIS at once
]. c. Houston, assistant cashier of
the First National Bank of Denver,
identified Haywood's signature on five
drafts which were marked for identi-
fication. The drafts were in favor of
L. J. Simpkins. Another draft intro
duced was signed by James Kirwan,
assistant secretary and treasurer of
the w. F. NJ. Richardson objected to
the introduction of the drafts because
tt:scy were immateriaI and as having
no connection with the murder of
Governor Steunenberg
After hearing argument of the at
torneys, Judge Wood ruled that on
the states showing connection be
tween Simpkins and defendant he
would admit the drafts as evidence.
Twenty-one other drafts were pre-
sented and the signatures identified,
but they were not introduced in evi-
dence. On cross examination Hous
ton said that thousands of drafts
were sent out in a year by Haywood
and his assistant, Kirwan.
Major H. A. Naylor, of Victor, Colo,
an officer of the National Guard of
Colorado at the time of the Vindica-
tor mine explosion, was the next wit
ness. He identified portions of the
pistol and wire found by him in the
mine after the explosion. They are
believed to be parts of the pistol and
wire by means of which, according
to Orchard, the explosion was caused.
The fragments were admitted in evi-
dence over the objection of the de-
fense.
In the cross examination of Naylor
Attorney Richardson insinuated that
the defense would try to show that
the Vindicator mine owners were be
hind in the payment of their assess
ment to the Mine Owners Assocfa-
ton, and that soldiers were employed
to create disturbances and destroy
property, which acts the Association
laid at the door of the w. F. M.
Naylor said he knew nothing of ar
rears due from the Vindicator mine,
denied having any alimosity against
the members of the Miners Union,
and declared that he had nothing to
do with the actual deportation of I'm
ion miners from Cripple Creek. Rich
ardson wanted to know if Naylor had
not attended a meeting with Orchard
and others at Victor on the evening
of June 5, 1904, and informed the mi
litia to be ready, as something was
going to happen Naylor denied this.
The next act of the prosecution was
to prove the finding of the Peabody
bomb, which Orchard said he had ta
ken from Denver to Wallace. He gave
the bomb, he said, to a man named
Cunningham, who wanted to blow up
"scab'' boarding house, and told
him if he did not use lit to throw it
into the river w. H. Schulenberg, for
merly a fireman at Wallace, today
testified that he found the bomb while
cutting ice on the river in front of
the Wallace fire station. He gave the
bomb to Sheriff Angus Sutherland.
Sutherland told of unloading the
bomb, which was packed with twenty
pounds of giant powder. The lead cas-
ing of the bomb was identified by
Schulenberg and Sutherland Govern
or Peabody, his wife and daughter,
were among the interested spectators
when the bomb was produced.
A motion by the defense to strike i
out all testimony as to the bomb as
immaterial, was denied.
Charles T. Roach, plumber, form |
erly of Denver. identified tne lead cas-
ing as having been made by him on