The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1907-06-16

S@at&S " ~HfoWSAA VIVA 1A4IIy 9ICudIO
and assisted Id the attempt to Kill
Steunenberg.
After that came the production OF
the shattered and twisted fragments OF
the device by which the vindicator
bomb was set of and this led to an
extended inquiry by the defense into
conditions an devents centering about
Cripple Creek during strikes and mar
tial law days. The defense tried to
show that there had been unwarranted
deportation of union miners; that the
call or the militia was unwarranted
that agents Of the mine owners had
that union stores had been looted and
committed acts of violence and melted
others to violence.
PeadcI Recalled.
The seats outs de the bar were not
more than half filled when court opened
today. J. T. Fender. the detective from
Ogden, who arrested Steve Adams at
Ogden, was recalled.
Senator Borah stated to the court
that. in the statement made by Or
chard and the testimony of Fender on
the stand yesterday that Stevene Adams
sent telegram to Haywood. thus link
ing Steve Adams as a co-conspirator
with Haywood, the State had the right
to introduce Pender's testimony as to
hissknowledge of the contents of the
telegram Judge Wood said he had
no doubt as to the admissibility of the
evidence, but ruled that the State must
lay a foundation to show that the
original telegram had been destroyed
Senator Borah argued at some length
and quoted authorities.
Mr. Richardson argued that there
was no possible rule OF law undef
which the evidence could be introduced
For the sake of argument. he admitted
that Adams sent the telegram to Hay
wood, when he was stranded and beat.
ing his way back to Denver from .
mining camp in California, but MAIN
tanned that this could not be strainet
to mean that conspiracy existed be.
tween Steve Adams and Haywood.
The court admitted the testimony as
a declaration from Steve Adams. whom
telegram Read:
wv. D. Haywood, Denver, Colo: ]
am in trouble Send me SIS at once.
Steve Adams"
Pender was briefly examined and left
the stand.
Bank Checks introduced.
J. C. Houston, assistant cashier OF the
First National Bank of Denver, was
called.
He said the Western Federation OF
Miners did business with his bank and
identified Haywood's signature on f1ve
drafts. AnOInGr as
signed by James Kirwan, assistant Sec
rotary and treasurer.
:, Richardson objected to the introduc-
ton of the drafts as immaterial and
had no connection with the murder OF
Steunenberg The dates and amounts
of the drafts follow:
January "a. 1904, $500; Mechanics
National Bank of New York, by VIII
liam d. Haywood and endorsed to l..
hxr ha Wahhar Rank
at Wardner.
January IS, 1905, $3.50; National
Bank Of Commerce, New York, by WIZ
liam D. Haywood and endorsed ITO i. J
Simpkins; cashed by the Exchange Ma
tional Bank at Occur d'Alene
october q. 1905. sf15.so; National
Bank Of Commerce of New York, by
william D. Haywood and endorsed &c
L. ]. Simpkins; cash.d by the Exchange
National Bank.
December 2. (second figure cut out)
1905. 500; Mechanics National Bank
of New York, by william d. Haywood
and endorsed to L. ]. Simpkins; casheo
by the Spokane and Eastern Trust
Company.
Bank of Commerce, New York, by WI.
liam D. Haywood and endorsed TO L. D
Simpkins; cashed by the spokane and
Eastern Trust Company.
January II, 1906, s16s35, Nationa.
Bank of Commerce, New York, by w. ID
| haywood and endorsed to L. ]. Simp
| lxtns. cashed by Matilda Simpkins
/ (wffe) at Traders National Bank Of
| Spokane.
After some argument, Judge Woo
/ ruled that, on the State showing INT
| connection between Simpkins and De
PENDANT. he would admit the drafts al
| evidence.
/ Twenty-one drafts were introduced
and the signatures identified They
were not introduced in evidence and
| were only marked for identtffcatiSp'
| In cross examination, Houston ~saie
that thousands of drafts were sent ou
In the course of a year by Haywood
| or, in. his absence, by kirwan' MS as
| sistant.
! Major II. p Naylor, of Victor. Colo.
| assistant secretary of the Mine own
| ers' Association, was the next witness
Az the time of the explosion IN TN
| Vindicator Mine, Naylor was an eihce
in the National Guard OF Coioraoo' ~. az
went into the mine shortly atter th'
| explosion. .s.,ao,
FRAGMENTS of a pistol were identine'
NV the witness. They are believed u
he of the pistol with which Orchar'
said the mine in the sixth level wa
| ared. offered in evidence; ooJecteo U
and admitted.
Naylor also identified piece OF Wit
found wrapped around the guard ran
the lifting of which, Orchard salo
nulled the trigger that fired the pow
| der in the Vindicator mine.
Richardson asked the witness II n
knew anything OF the detailing OF fou
militiamen to shoot up the 1ool-sne'
of the Vindicator. In the course OF nj
Examination. Richardson insinuato'
| tbat the defense would try to shoV
that the indicator owners were be
hind in the payment OF their assess
ment to the Mine owners Association
| and that the soldiers were employed Il