Albuquerque morning journal., 1907-07-04
FLAWS FOUND
IN ORCHARD
STORY Of
GRIM {
Witnesses Who Figured Con-
SpicuousIy in ASSaSSin'S Con-
fesSion Give Different Ver-
sion of Alleged ConSpiracies,
PROSECUTION SEEKS TO !.
STRIKE OUT TESTIMONY
Serves Notice Of Intention to
Have Damaging Evidence of
Defense Thrown Out as I'm
material.

Defense Thrown Out as I'm
material,
IBy Morning Journal Special Leased Wire.l
Boise, Idaho July 3.-At the ad,
journment of the Steunenberg trial
today the prosecution served notice OF
its intention to submit series of mo-
tions to strike out evidence of the de-
fense, unless the connecting up testi-
mony that has been promised is forth
coming. Clarence Darrow for the, de-
fense had previously announced that
his side might be able to rest by Sat
urday evening, although 1t might be
necessary to let the calling of Hay
wood and Meyer go over until Monday
and following an informal confer
ence with counsel, Judge Wood d.
rected the prosecution to be ready on
Monday with its case in rebuttal.
James II. Hawley, senior counsel foI
the state, said In reply that it was the
intention of himself and his assistants
to present series of motions dealing
with the evidence presented by the
defense. Messrs. Darrow and Rich,
ardson said that the defense also
would have some motions to make
so that at the end of this week or
the early part of next the taking OF
testimony will probably be interrupted
for an extended argument on the adj
missibility of mass of evidence al
ready in the record.
The defense operated TO-DAY along
nearly all of it's lines. There were at
tacks on Orchards testimony at sew
eral points, there was O showing that
union miners had been abused by the
mine owners and militia at Crinple
Greek and Telluride, there was q
showing that Pinkerton agents had
advised violence and endeavored Ia
prolOng q strike A woman who served
with the relief committee that looked
after the families Of the deported min
ers at Cripple Creek swore that she
had been twice arrested and twice
warned that IL she persisted in her
work she would be depOrted, and an
other woman located Orchard with
Detectives Scott and Sterling the nigh;
of the second attempt to wreck the
Florence and Cripple Creek railway
train.
Two of the witnesses were men who
figured conspieuously in the testimony
OF Orchard They were David Coates
former lieutenant governor Of Colorado
and Pat Moran, formerly a saloon
keeper at Cheyenne. Coates posi-
lively denied Orchards version of the
plot to llldnap the children of August
Paulson. and Moran denied that he
made trip from Cheyenne to Denver
after the Independence station was
blown up, for the purpose Of gettins
$500 from George A. Pettibone fot
Orchard.
At the opening of the morning :
sion II was announced that Juror |.
n. Massecar had been quite i'll dur z
the night Judge Wood asked Mas ~
ear II he felt able to proceed today.
UpOn receiving an affirmative ar
swer the court informed the juror
that II at any time he felt It neces-
sary the trial would be interrupted
until he was in better physical con-
ditlon
The prosecution asked the court to
issue an order directing w. f. Davis,
one of the leading witnesses for the
defense. to remain within the juris-
dictlon OF the court, as he would be
wanted again The Vder was issued.
Francis c. Clifford, life insurance
solicitor, of Sterling, Colo, was the
first witness Of the day. Clifford said
that he rented desk room in George
A. Pettibone's store in Denver. holding
It from April until November 1905.
The witness met Orchard under the
name of tom Hogan" Pettibone
making the Introduction.
orchard told me one day that he
was making lots OF mQney selling
hail Insurance." declared Clifford.
"He then turned to Pettibone and
asked him TO cash a check Petit
bone said he did not have money
enough but he offered to give Or
ehard as much ms he had. Orchard
said he would take what pettibone
had. and get the balance later. Next
time I saw Orchard he told me he
was going to Alaska. This was In
June. 1905"
Joseph c. Barnes. living near Mont
rose, Colo. was the next witness, He
said he and George Riddell, 'Pinker-
ton operative number 36," were chums
and fellow members OF the union at
Telluride.
Parnes declared that Riddell was
constantly suggesting violence. He
proposed to roll two kegs Of powder
down a hill into the Liberty Bell mill.
and advised the miners to punch
any deputies or bad men" who look
ed cross.
He also told them to burn the town
Of Telluride. and to beat up any men
Mho started to work and run them
out OF town.
Barnes was a most lOquaciOus Wilt
ness and cOstantly called out waves
Of laughter by his ready and lengthy
replies.
After being deported from Tellu-
ride. Barnes told Of going back to
town IN a barrel The militia discov-
cred him but he escaped by climbing
tree. He saw orchard and Rlddell
together once In Telluride.
cross-examlned by Senator Borah,
Barnes said that he never engaged In
any criminal act With Rlddeii.
"Dld YOU ever contemplate ans
crime2" asked Horah
eyes, cir, when started back to